Yes. A minor can contract for reasonable necessities, such as food, clothing and basic shelter. They can repudiate any other contract at the time of majority.
An emancipated minor has been declared a legal adult by the court! They are considered legally to be at the age of majority, so they can legally contract for not only necessities, but anything else as well. They can not repudiate the contract!!
This allows a minor to provide the basic needs for themselves if necessary. For example, if a 17 year old is traveling alone, they can rent a hotel room for the night! This is a contract for shelter. They can not claim later that they repudiate the contract, and get their money back! They used the service (shelter) and are bound by the contract!
With emancipation, they have all rights and responsibilities of an adult. They are no longer considered a minor in the eyes of the law when it comes to contracts!
2007-07-07 16:44:34
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answer #1
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answered by fire4511 7
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necessity is a defense to a contract that is being claimed to be unenforcable because a party lacked capacity. im not sure about emancipated minors, but i know a minor can addirm the contract or ratify when he or she reaches majority. i would assume that the answer would be that an emancipated minor is granted capacity befor reaching majority so the contracts he or she makes are valid.
2007-07-07 17:09:20
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answer #2
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answered by tortfeasor21913 2
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Emancipation eliminates minority as an incapcity defense, regardless of the subject matter of the contract. The "necessaries" exception is when an unemancipated minor contracts for necessaries, the parents are liable because they are liable for the minor's necessaries in any event.
2007-07-08 01:35:46
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answer #3
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answered by MALIBU CANYON 4
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Contract For Necessaries
2017-02-25 05:17:19
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answer #4
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answered by goulding 4
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