Also known as:infra ætatem · infra etatem · under age · below age of majority · minor
Written by attorneys · grounded in primary & secondary sources — see below
A status denoting a person who has not reached the age of majority or the age of capacity for the purpose in question and who is not emancipated. The age of majority is 18 unless an applicable statute provides otherwise.
Sources & Authorities
How it applies
Common Examples
6
Clerk Refuses Default Judgment
Idina Iverson, age seventeen, failed to appear in a suit seeking a sum certain. The plaintiff requested entry of judgment by the clerk with an affidavit of the amount due. The clerk declined because Idina was infra aetatem and therefore ineligible for clerk-entered judgment.
Parent Liable for Child's Harm
Iain Irons knew his fifteen-year-old son repeatedly rode a motorized scooter on public sidewalks at high speed. When the son struck a pedestrian, Iain was held responsible because he failed to exercise reasonable control over his infra aetatem child.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Ingrid Innes, age sixteen, executed a document purporting to leave her estate to a friend. The court held the instrument void because Ingrid remained infra aetatem and therefore lacked capacity to make a will.
Homestead Charged Against Allowance
After her father's death, Isabella Ingram, age fourteen, received the family home under a constitutional homestead right. The court charged the value of that right against her homestead allowance because she was infra aetatem.
Senior Mortgagee Seeks Receiver
Island Manufacturing held a senior mortgage on property leased to tenants. When the mortgagor defaulted, the company petitioned for a receiver. The court granted the request, noting that the minor exception for junior mortgagees did not apply because Island held priority.
Minor Disaffirms Contract
Ivan Ivanov, age seventeen, purchased a used car from Ironclad Industries. Two weeks later he returned the vehicle and demanded his money back. The dealer could not enforce the contract because Ivan was infra aetatem and could assert the defense of infancy.
Common questions
Frequently Asked
5
Does infra aetatem status prevent a clerk from entering default judgment?+
Yes. Under the governing rule a clerk may enter judgment by default only against a defendant who is neither a minor nor an incompetent person.
When may a parent be held liable for harm caused by an infra aetatem child?+
A parent has a duty to exercise reasonable care to control a minor child when the parent knows or has reason to know of the ability and necessity to exercise such control.
What is the effect of a will executed by a person who is infra aetatem?+
A purported will made by a minor is void because the minor lacks capacity to make a will.
How does infra aetatem status affect a child's homestead allowance?+
The value of any constitutional homestead right received by a surviving minor child must be charged against the child's homestead allowance.
Can an infra aetatem party disaffirm a contract at common law?+
Yes. A minor may assert the defense of infancy and disaffirm the contract to protect against immaturity and overreaching.
410 U.S. 113 (1973)Constitutional Law
…C. Gen. Stat. § 14-45.1 (Supp. 1971), requires written permission for the abortion from the husband when the woman is a married minor, that is, when she is less than 18 years of age, 41 N. C. A. G. 489 (1971); if the woman is an unmarried minor, written permission from the parents is required. We need not now decide…