Also known as: infancy defense · infancy · minority defense · age defense
Written by attorneys · grounded in primary & secondary sources — see below
A defense permitting a person below the age of majority to avoid contractual obligations incurred while a minor. The rule renders the minor's contracts voidable at the minor's election rather than void. It protects against improvident decisions arising from immaturity even when the other party acted in good faith.
Select any source to read its text and confirm it supports the definition.
Sixteen-year-old Dorothy Daniels visited a dealership and bought a used sports car under an installment contract after falsely stating she was eighteen. She made three payments before returning the vehicle and seeking to recover her money. The dealership resists on grounds of her misrepresentation. Dorothy may disaffirm the contract because her minority status renders the agreement voidable at her option.
Seventeen-year-old David Dawson obtained a high-interest personal loan from an online lender after checking a box claiming he was at least eighteen. After losing the funds on trading, he promptly notified the lender he was disaffirming. The lender sues for the balance. David may avoid liability because he incurred only voidable duties as a minor.
Sixteen-year-old Deborah Dunn leased a racing sailboat for a competitive season under a written charter containing broad liability clauses. After negligently damaging the boat she asserted lack of capacity when the marina sued. The court should rule for Deborah because a minor's contract duties remain voidable at her election.
Seventeen-year-old Dustin Donovan opened a margin brokerage account and later suffered a substantial trading loss. He promptly notified the firm he was rescinding the margin agreement. The firm sues to recover the loss. Dustin may avoid the obligation because his minority rendered the duties voidable.
Sixteen-year-old Dwight Dorsey signed a four-month lease for specialized power tools required for his part-time construction job. After using the tools he attempted to return them and disaffirm. The lessor insists the lease is binding because it related to employment. The lease remains unenforceable against Dwight because of his infancy.
Seventeen-year-old Delilah Duran signed an income-share agreement for an online coding bootcamp without parental co-signature. After completing part of the program she seeks to disaffirm before turning eighteen. The bootcamp demands performance. Delilah may avoid the long-term obligation because she lacked full contractual capacity as a minor.
No. The infancy doctrine permits disaffirmance even when the minor lied about age. The protective policy applies to shield the minor from improvident bargains regardless of the adult party's good-faith reliance.
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No. Such contracts are voidable at the minor's option rather than void. The minor may choose to enforce or disaffirm the agreement.
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No. A minor may disaffirm during minority or within a reasonable time after reaching majority. Prompt repudiation while still under age is effective.
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…the two theories that arises from their different historical and doctrinal root. When products liability litigation was in its infancy, the courts relied upon contractual warranty theories as the only existing means of facilitating economic recovery for personal injuries arising from the use of defective goods ( e.g. ,…