Reply – Contracts in Infancy
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Contracts in Infancy
— by iamsomedude iamsomedude

Suggested Reading: Beatings Will Continue Until Morale Improves


Ratification of Contract:

An infant is not liable on his contracts; but if, after coming of age, he ratify the contract by an actual or express declaration, he will be bound to perform it, as if it had been made after he attained full age. The ratification must be voluntary, deliberate, and intelligent, and the party must know that without it, he would not be bound. 11 S. & R. 305, 311; 3 Penn. St. R. 428. See 12 Conn. 551, 556; 10 Mass. 137,140; 14 Mass. 457; 4 Wend. 403, 405. But a confirmation or ratification of a contract, may be implied from acts of the infant after he becomes of age; as by enjoying or claiming a benefit under a contract be might have wholly rescinded; 1 Pick. 221, 22 3; and an infant partner will be liable for the contracts of the firm, or at least such as were known to him, if he, after becoming of age, confirm the contract of partnership by transacting business of the firm, receiving profits, and the like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289.


From Corpus Juris Secundum: Infants § 169 : While an infant may acquire or alienate property, such acquisition or alienation is voidable


31 U.S. Code § 3713 - Priority of Government claims : (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government.





~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.