Let's say Jill wants John to sign a contract. John is a minor, therefore, John will have to get a cosignature from his mom Janet. John has some concerns about the contract, he knows that his mom Janet can negotiate the contract, but can John negotiate his own contract although is a minor?
Thanks, please cite your sources.
Minors can negotiate and enter contracts. The idea they can’t is a myth - if they couldn’t, they wouldn’t be able to ride the bus or buy an ice cream as these are both contracts.
However, unless the contract is for necessities, the minor can void it at any time while they remain a minor (and for a reasonable time after their majority) so they carry considerable risk for the adult party. Of course, a contract that has been completed can’t be voided.
If a third person (like a guardian) is involved then either they are entering into the contract as well and would be (typically) jointly and severally liable with the minor or they would be standing as guarantor for the minor's performance of the contract and would be liable if the minor didn't perform - which it is will depend on the construction of the contract. However, the minor can still void the contract on their own behalf leaving the co-signer on the hook.
John can surely negotiate the contract, and submit it to his parent, Janet. If Janet ratifies it, it will be binding on all parties.
Yes. BUT: here's the catch. under most jurisdictions, contracts are unenforceable agenst minors. So, suppose person A, a minor, signs a contract with person b, a adult, and person A is going to cut the grass for person B, and person b is going to pay person a 10 dollars. but, it turns out that person A already have vacation planned, person b CANNOT sue person a. and if person A cuts the grass and person b refuses to pay, person B CAN sue person a.
EDIT: there is the case of emancipation, then the the contract will be enforceable agent the minor.
Anyone and anything can “negotiate”, if one party wants to submit the terms to a magic 8-ball for approval, that’s their right, a minor, even a newborn, would be no different.
But there’s nothing forcing the other party to participate other than their own desires, if they view the other party submitting the terms to a magic 8-ball or to the cry of a newborn as unreasonable, they can walk away.
In this case it seems like the contract is actually about and for the minor, so the other side is unlikely to consider it unreasonable to negotiate with the minor.
Still, as with having a lawyer or some other more traditional representative doing the negotiations, it’s not binding until the parties actually agree to the terms.
