Submitted by Anonymous on Thu, 05/27/2010 - 08:32
Posted in
My daughter, who is 17 years old and lives with us, entered a contract for a cell phone service agreement that we all now wish she hadn't. My question is whether the contract is legal? Can a minor be bound by this type of contract in Massachusetts? Thanks
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Editor's Response
Massachusetts General Laws Chapter 231, Section 85P states that children attain the 'age of majority' and full legal capacity at the age of 18. Until that age, the general rule in Massachusetts is that minors can enter into contractual relationships and bind the other (adult) party to the terms of the contract. However, unless the contract is for a necessity, such as food or medical treatment, the minor can void the contract. In other words, the minor can break the contract and stop abiding by its terms. The key case on this issue is Carpenter v. Grow, 247 Mass. 133 (1923), if you are interested in doing additional research. FYI, under Massachusetts General Laws Chapter 175, Sections 113k and 128, minors can enter and be bound by contracts for motor vehicle insurance and life insurance. For more information, visit our Massachusetts Consumer Protection Law Discussion Forum.