Services provided to Minors

Wednesday, January 6, 2016

The Minor’s Contract Act 1969 sets out the rules relating to contracting with people less than 18 years of age. Section 6(1) states that a contract with a minor will be unenforceable against a minor. However, the Court may inquire into the fairness and reasonableness of the contract and has discretion to enforce the contract against the minor. The Court will consider: 

  • the circumstances around which the contract was made
  • the subject-matter and nature of the contract
  • in the case of a contract relating to property, the nature and the value of the property
  • the age and the means (income or property) of the minor
  • all other relevant circumstances.

So in reality the contract will be considered as enforceable unless it is shown to be unconscionable or the obligations of the minor are harsh or oppressive. 
Telecommunications Dispute Resolution (TDR) applies the provisions of the Minor’s Contract Act 1969 when considering complaints from minors, so the outcome of each complaint will be determined by the unique facts of each case.