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  • Some Policy requires all individuals with System X™ access to be contractually obliged not to press the Big Red Button.
  • X Corp only grants System X™ authorisation to people who bound by The Contract; if they end The Contract, they are no longer authorised to use System X™.

Dave is a minor who wants System X™ access. If Dave signs The Contract, can X Corp give Dave System X™ access while complying with Some Policy? I know that minors can leave a contract at any time (under most circumstances; this isn't one of the exceptions), but would they be considered bound by the contract in the meantime?

Some Policy

  1. The Big Red Button must not be pressed.
  2. An organisation may grant System X access to a third party only if the organisation has provided appropriate safeguards.
  3. The appropriate safeguards referred to in paragraph 2 may be provided for by Rules in accordance with paragraph 4.
  4. The Policy Gremlins shall approve Rules, provided that they:
    1. are legally binding and apply to and are enforced by every member concerned of the third-party, including their employees; and
    2. fulfil the requirements of paragraph 1.

The Contract

In order to access System X™, a person must review and accept The Contract, below.

The terms of The Contract

  • I will not press the Big Red Button.
  • X Corp agrees that it will allow you to terminate your System X™ access without penalty or repercussions.
wizzwizz4
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1 Answers1

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Adults are bound to contracts with minors

The technical term is that a contract with a minor is that it is voidable by the minor unless it is subject to the exemptions - a contract for necessities or a contract of benefit to the minor (e.g. a reasonable mobile phone contract).

Until the minor chooses to void it, it is binding on everyone involved. They can do this anytime before they reach majority or within a reasonable time after that providing the contract is not complete. That means, for one and done transactions, the contract cannot effectively be voided because the contract is complete - think of a child buying an ice cream, riding a bus or going to the movies.

If it is voided, the minor is obliged to return whatever consideration they received and that is still in their possession. So, for the mobile phone contract, if it included a handset, they must return that providing they still have it.

Dale M
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  • Does the “consideration” apply to all contracts, or only some? (Say, if The Contract had a provision about deleting any copy of X Corp's private cat picture collection upon termination of the contract, would that apply to a minor?) – wizzwizz4 Nov 19 '20 at 07:15
  • Should I ask this as a separate question? – wizzwizz4 Nov 26 '20 at 19:38
  • If you like, I’m not your Mum, I won’t tell you what you should do – Dale M Nov 26 '20 at 19:39