my son is 16 and left a deposit on a cell phone in a store without my consent. can i get his deposit back ?

Answer 1

Contracts are NEVER legal unless they are SIGNED by someone OVER THE AGE OF 18...

What is the Rule When Contracting With an Infant?
Generally seeking, anyone who contracts with an infant or minor is doing so at their own peril. That means that the
law gives to infants the ability to void, or exit the contract as they see fit. The most common justification for the rule is to protect minors from assuming obligations which they are not capable of understanding. It is obvious to see that this will lead to harsh results, so some general exceptions have been created.



What Exceptions Exist to Create a Binding Contract With a Minor?
If every contract with a minor was invalid, no one in their right mind would ever enter into a contract with a minor. To allow some minors to enter into contracts and/or prevent minors from abusing their position, there are several exceptions including:

Sports or Entertainment Contracts
Generally speaking, minors who enter into sports or entertainment contracts are held to them, and cannot void them at will.

Necessaries
Contracts for certain goods and services that are necessary to the health and safety of infants cannot be voided. Such goods and services include food, clothing, and lodging or shelter. In some instances, an automobile or motorcycle is also considered a necessary.


Disaffirm the Whole Contract
A minor who decides to void a contract because of his age must void the entire contract. The law does not let them to continue to enforce some of the contract while voiding other parts.

Ratification

A minor can only void a contract while they are still under the age of maturity (again, usually 18), or for a reasonable time after they have reached that age. If a person does nothing to disaffirm the contract after they stop being a minor, the law can find that they will no longer be able to void the contract

Can an Attorney Help Me With Minor Contracts?
If contracting with a minor, the contract may not be legally enforceable. If you are in the process of drafting a contract, or have already done so and the other party is seeking to defend against its enforcement because they are a minor, contacting an attorney is strongly recommended.

Answer 2

I assume the deposit was for a phone service contract. At 16, he's a minor, and can't enter into legal contracts. Speak to the store manager, and if that doesn't do it, consider small claims court.

Answer 3

I think it is a good idea to have it turned off. You can change you voicemail message to say that I am on my honey moon and will not be returning calls until I get back. That way people know that you are not dealing with the world while you are gone. Let a couple people know how you can be reached in case of a dyer emergency. That way too you wont feel so guilty about having your phone off. It is only 4 days friends and family will survive with out you for 4 day and you deserve to enjoy your honeymoon

Answer 4

You can legally void the contract on your son's behalf. However, the cell phone place might refuse to refund. You can file suit in small claims, where you will win without a doubt. And also receive all court costs. If you've got the time to spare, you will win.

Answer 5

Depends on state law & what happened to the phone. If phone is not yet delivered, probably yes.


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 6

Technically, yes, as he is not 18 and cannot legally sign a contract of any kind

Answer 7

No!