Do minors need to disclose their age in business agreements?

Question

Is a minor working as a freelancer, or negotiating a contract for another reason, contacting a potential client required to disclose that (s)he is a minor? Assume that the minor has no plan to void the contract.

This is not a duplicate of "Can a minor negotiate their own contract?". That question is asking whether a minor can negotiate the contract at all, while this is asking about a specific detail: whether a minor who is negotiating a contract needs to disclose their age, or at least their status as a minor, to the other party.

Answer 1

It'd be prudent

A minor in Oregon is limited in the choice of jobs they can fulfill, and employers usually need certification to employ them at all. Also, even if they would be a freelancer, they can under no situation be employed for more than a set number of hours.

Further, Minors may void contracts.

However, not disclosing that the contract is with a minor, would allow the client to void the contract as soon as the fact is disclosed after signing: the fact that the service was offered from a minor is a substantial fact that alters how the contract would be evaluated by the client: not disclosing the fact that the offerer is a minor can be misrepresentation - which gives the client the right to void the contract.

However, there's also the problem if the child implied or actively misrepresented they were of age: in that case, they might not be allowed to void the contract, as the adult relied on the minor's misrepresentation and the minor is forced to perform their part of the contract - or at least they have to give back the proceeds they had gained from the contract if they void it under the retained-benefit doctrine.¹

To shield from such, disclosure of age can at times be required. Also note, that typical internet contract language includes that the party represents of age.

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1 - Larry A. DiMatteo, Deconstructing the Myth of the “Infancy Law Doctrine”: From Incapacity to Accountability, 21 Ohio N.U. L. Rev. 481, 496–97 (1994)

Answer 2

No

While minors have the right to void contracts that have not been completed or that are not for necessities (a relatively broad term), the risk of them doing so falls on the other party to the contract. It may be prudent for them to inquire about the age of their counterparty, but it is not required.

If the child misrepresents that they are an adult, that may allow the other party to void or terminate the contract. However, silence is not misrepresentation. Mostly. If you are aware that the other party is proceeding based on a misapprehension as to the facts, then you do have a duty to raise it. However, if you are never asked, or you are asked but don't answer (by not filling in the date of birth field, for example), you have not made any misrepresentation.

In an employment context (which your freelancer may or may not be), there are laws governing child labour in some jurisdictions. The onus of compliance with the law is on the employer, not the child. If the employer fails to do their due diligence and determine the age of their employee and thereby breaks the law, that's not an excuse the courts will accept.