Children And The Law

BASIC PRINCIPLES

Children reach capacity at 18. Until then there are various restrictions and regulations governing:

how you can contract with them; how you can advertise to them; their involvement in events and promotions; and what data you can take from them. This note covers those topics and will help you avoid some of the pitfalls inherent in dealing with children.

The general rule is that where possible you should always aim to contract directly with the child's parent/guardian (or the person with parental responsibility for the child) and always try to obtain their explicit consent for the child's involvement in activities/events or the collection of the child's data.

CONTRACTING WITH CHILDREN

Contracting with the child directly

Children can only enter contracts:

for necessaries e.g. food, shelter, medicine (these contracts must be to the child's advantage and not contain any harsh or oppressive terms); and in relation to apprenticeships, education and services (explained further below). Any other contract will be voidable at the child's option (i.e. not binding on the child but can be binding on the other party - although if a child doesn't fulfil their side of the contract they are unlikely to be able to insist that the other party does).

Contracts that are obviously prejudicial to the child, or contain onerous terms, are not voidable but wholly void.

If a child formally rejects a contract:

for the sale of goods: the court can order the child to return the goods to which the contract relates; for the supply of services: the court has discretion to order the child to pay the agreed amount where it has had the benefit of the services. Despite not being liable under a contract, a child that has entered a contract may be forced by law to make restoration to the other party in some way e.g. if the child has lied about its age when entering the contract. This comes with a warning: this is an equitable remedy and therefore discretionary and complicated. The court will make a decision based on the balance between the need to protect the child and the interests of the contracting party.

If a child enters a contract they can ratify the contract when they turn 18 despite there being no new consideration.

Contracting with a parent or guardian

A parent/guardian/person with parental responsibility (see below) will be liable to the other party under their child's contract if he/she:

contracted as the child's agent; or entered into a personal...