Equine Law Blog

Can You Contract With a Child?

A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses.  She is old enough to drive a car, but is she old enough to enter into a contract with you?

The answer is no.  Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you.

In most states around the country, the age of majority is 18, but some exceptions exist in states such as Alabama, Mississippi, Nebraska, and Puerto Rico, which have higher ages of majority (but always check your state’s law).

When a party to a contract is not of proper age, and unless the contract is for true “necessities,” the contract is voidable.  Over the years, stables have learned this the hard way.  In a 1997 Florida case, for example, a riding stable allowed a 13 year-old child to sign its “Release and Assumption of Risk” form and thereafter ride a horse rented from the stable.  The child was injured during the ride and sued; her lawsuit claimed that the stable was negligent.  Evaluating the facts, a Florida appellate court held that the minor child was not bound by the release she signed.  In doing so, the court stated: “Except as to a very limited class of contracts considered binding, as for necessities, etc., the modern rule is that the contract of an infant is voidable rather than void. This rule applies to both executed and executory contracts, but with different application of the word voidable. To say that the executed contract of an infant is voidable means that it is binding until it is avoided by some act indicating that the party refuses longer to be bound by it.”  When the 14 year-old filed suit, the court held, she disavowed the contract and made clear that she no longer intended to be bound by it.  Her lawsuit could proceed.

The case was:  Dilallo v. Riding Safely, Inc., 687 So.2d 353 (Fla. App. 1997).  It also cited a Georgia case, Smoky, Inc. v. McCray, 396 S.E.2d 794 (Ga. App. 1990), which held that a riding stable’s release was voidable because it was signed only by a 14 year-old girl.

Conclusion

If someone under the age of majority wants to transact business with you, such as buy or lease a horse or sign up for riding lessons, keep the following in mind:

• Make sure that he or she is of legal age in your state if you expect him or her to sign contracts, including releases.
• If he or she claims to be of legal age, consider demanding proof (such as a valid driver’s license).
• If the person is not of legal age based on your state’s law, make sure to enter into the contract instead with his or her parent or legally appointed guardian.

Please let me know if you have any questions.

Categories: Liability, Sales/Disputes