Written by attorneys · grounded in primary & secondary sources — see below
The period during which a person has not attained the age of majority. Capacity to consent or to enter binding transactions turns on whether the individual has emerged from nonage.
Sources & Authorities
How it applies
Common Examples
6
Minor Buyer Bears Risk
Nicole Navarro, still in nonage, signed a contract to purchase a home from Navarro Industries. Before closing a fire destroyed the house. Under the majority equitable-conversion rule the risk had already shifted to Nicole at contract formation, so she remained obligated to pay the full price.
Minority Set-Aside Invalidated
Nancy Nelson, a city official, proposed a contracting program that reserved work for businesses owned by persons still in nonage. The plan rested only on general societal discrimination and therefore failed strict scrutiny.
Misdemeanor During Nonage
Natalie Norris, while still in nonage, committed a regulatory misdemeanor that was not malum in se. When a death resulted, the court held it was manslaughter only because the death was a foreseeable consequence of the offense.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
District Lines and Minority Voters
Neil Nair drew district boundaries that subordinated compactness to age in order to maximize districts protecting voters still in nonage. The plan triggered strict scrutiny because age predominated over traditional districting principles.
Legislative Veto and Nonage
Neville Norton, a minor immigrant, faced deportation after Congress used a legislative veto to override an executive suspension. The Court held the veto unconstitutional, leaving the suspension in place.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Political Question Involving Minors
Nina Nielsen and other minors challenged legislative apportionment that diluted their voting power once they reached majority. The Court held the claim justiciable under equal-protection standards.
Baker v. Carr369 U.S. 186, 211
Common questions
Frequently Asked
3
Does nonage automatically invalidate a minor's consent to a tortious invasion?+
No. Capacity is a functional inquiry that asks whether the minor understood the nature and consequences of the conduct. A sixteen-year-old who clearly comprehends the act may give effective consent despite nonage.
When are parents liable for failing to control a child still in nonage?+
Parents owe a duty to exercise reasonable care when they know of the child's dangerous tendencies and have both the ability and the opportunity to control the child. Actual notice of prior incidents satisfies the knowledge element.
Does a plaintiff's own unreasonable conduct during nonage bar a negligence claim?+
No. Modern comparative-fault systems treat the plaintiff's conduct as a basis for reducing damages rather than a complete bar. The claim survives even when the plaintiff ignored posted warnings.
576 U.S. 644 (2015)Legislation and Regulation
…came to see marriage in a way that could be extended to such couples. Until recently, this new view of marriage remained a minority position. After the Massachusetts Supreme Judicial Court in 2003 interpreted its State Constitution to require recognition of same-sex marriage, many States—including the four at issue…