Since the late 1700s, the legal status of minors’ contracts has been confused by “two competing, if not irreconcilable, policies”: in the marketplace, minors should be protected from both others and themselves, but where market access is necessary or desirable, minors should not be barred from contracting. Stated differently, “an infant is disabled from binding himself, except when it is for his benefit, for want of judgment and capacity”. Because of these conflicting principles, the law of the capacity of minors in many jurisdictions has been uncertain, and often unwieldy.

This article was originally published in the May 2009 issue of Canadian Corporate Counsel (Vol. 18, No. 6).

Republished with permission from Canada Law Book.

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