Also known as: infans · infant · infantia · infants · legal infancy · minor status
Written by attorneys · grounded in primary & secondary sources — see below
An age-based legal status applicable to persons below the age of majority. This status restricts the ability to incur binding contractual duties and supplies a defense to contract enforcement. It also fixes the citizenship of a legal representative for diversity jurisdiction purposes and historically limited criminal capacity.
Javier, a citizen of State Y, is appointed guardian ad litem for infant Dustin who resides with his parents in State X. Javier files a malpractice action in federal court against a State X hospital. The court deems Javier a citizen of State X under the statute governing representatives of infants, destroying complete diversity.
Seventeen-year-old Norman signs an income-share agreement for a coding bootcamp without parental co-signature. When the school seeks enforcement after Norman turns eighteen, the agreement is treated as voidable because Norman was an infant at formation.
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Sixteen-year-old Rhonda buys a sports car on credit from Republic Automotive after misrepresenting her age. She later returns the car and sues to recover payments. The infancy doctrine permits her to disaffirm the contract and recover amounts paid despite the misrepresentation.
A contracts to sell an automobile to B, an infant, for $2,000. After A has delivered the automobile and B has paid the $2,000, B disaffirms the contract on the ground of infancy, tenders the automobile back to A, and sues A for $2,000. B can recover the $2,000 from A in restitution.
Seventeen-year-old Tina signs a promissory note for a used car. When the holder sues on the note, Tina raises the defense of infancy. The court treats the infancy claim exactly as it would treat the same defense to an ordinary contract.
Adult maker signs a note as accommodation for infant principal obligor. When sued by the holder, the accommodation party attempts to assert the principal's infancy defense. The court holds that infancy remains unavailable to the accommodation party under UCC rules.
A minor may disaffirm most contracts because infancy renders the agreement voidable at the minor's election. The policy protects minors from their own immaturity and from adult overreaching. Some courts recognize an estoppel exception when the minor actively misrepresented age and the adult relied in good faith.
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The legal representative of an infant is deemed a citizen only of the same state as the infant. This rule prevents manipulation of federal jurisdiction by strategic appointment of an out-of-state guardian when the infant's domicile would otherwise destroy diversity.
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A contract signed by an infant is voidable rather than void. The minor may elect to disaffirm and recover amounts paid, subject to possible equitable adjustments for use or damage to the consideration received.
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At common law a child under seven was conclusively presumed incapable of crime. Between seven and fourteen a rebuttable presumption of incapacity applied, which could be overcome by proof of actual capacity such as concealment of evidence.
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…& 25 Vict., c. 100, § 59, that formed the core of English anti-abortion law until the liberalizing reforms of 1967. In 1929, the Infant Life (Preservation) Act, 19 & 20 Geo. 5, c. 34, came into being. Its emphasis was upon the destruction of "the life of a child capable of being born alive." It made a willful act performed…