THE

LAW

PAGE

By David Allen

Voidable

Voidable Contracts Are contracts of continuing obligation, they are valid at the moment they are made the minor is able to repudiate them before they are 18 or within reasonable time afterwards. Thus forcing adults to perform a contract which cant be enforced against the minor. This allows for a workable arrangement for those who trade with minors but still allows the minor to escape form it if they have second thoughts. (These include contracts: concerning land to buy and rent, to buy shares, of partnership, of marriage settlements, involving monthly payments) Edwards v Carter (1893) A minor tried to repudiate on an agreement to pay £1500 to trustee's under a marriage settlement some four years after obtaining majority. Held whilst minors can repudiate an agreement they can be sued for liabilities which have already occurred, thus the minor was not allowed to repudiate the agreement as he had entered adulthood. Point of law being that minors can repudiate a contract after the age of majority after a reasonable time, however what is reasonable depends on the facts of the case. Corpe v Overton (1833) Minor agreed to enter into a partnership which would be formed in the future, he paid a £100 deposit which would be lost if he did not got through with it. He repudiated the contract. Held was entitled to have the £100 deposit returned because there was no consideration as he had received nothing in return. Steinberg v Scala (Leeds) Ltd (1923) A minor brought shares in Scala, the shares were not fully paid up, the issuing company could demand the rest of the payment latter. They didn't but Ms S paid a further £250. She latter rejected the contract and wanted her £250 back. Her claim failed, held, termination meant free from future obligation but not instilled to £250 because she had not been a total failure of consideration as she had received the shares in return for her money.