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Can a minor (starting at what age) sign a valid, binding…

Can a minor (starting at...
Can a minor (starting at what age) sign a valid, binding agreement to option or sell intellectual property he came up with to a publishing or production company? The boy is 11 or 12. He created something, and his dad hired writers and artists WFH. A film producer said he isn't sure his company can acquire or option the property, because the contract can be voided by the boy once he's no longer a minor.
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Answered in 11 minutes by:
3/22/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,028
Experience: Attorney
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Dear Customer ,

Thank You for posting your contractual law question this evening.

You pretty much summed up the law in your question in that a minor does retain recessionary rights to contracts signed while he was a minor once he is 18; for this reason signing a contract with a minor is a difficult process.

Also the type of contracts a minor can sign is limited as these must be either beneficial contracts or contracts for necessities.

The minor often can revoke a contract by showing its terms were unfair and not beneficial to him at a later date.

The statute id the following:

"

CHAPTER 2. Disaffirmance of Contracts [6710 - 6713]

( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

6710.

Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor’s death within that period, by the minor’s heirs or personal representative.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

6711.

A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

6712.

A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into the contract, or at any time thereafter, if all of the following requirements are satisfied:

(a) The contract is to pay the reasonable value of things necessary for the support of the minor or the minor’s family.

(b) These things have been actually furnished to the minor or to the minor’s family.

(c) The contract is entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor’s family.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

6713.

If, before the contract of a minor is disaffirmed, goods the minor has sold are transferred to another purchaser who bought them in good faith for value and without notice of the transferor’s defect of title, the minor cannot recover the goods from an innocent purchaser."

so the contract would need to be fairly negotiated and reviewed regularly and updated.

This might be best to do annually.

We are here to help so please follow up with me as necessary.

I'm an independent legal expert and get a credit if you leave positive feedback this evening.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,028
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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