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4.4-1 Minors
New February 3,
2009
The defendant has raised
the affirmative defense of minority. The defendant is not legally responsible
to the plaintiff for breach of contract if the defendant was a minor, that is,
under the age of 18,1 at the time (he/she) entered
into the contract.
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1
General Statutes § 1-1d defines the
term “minor.”
Authority
Yale Diagnostic
Radiology v. Estate of Harun Fountain,
267 Conn. 351 (2004) (Connecticut recognizes the common-law rule that a minor
child's contracts are voidable. Under this rule, a minor may ratify or avoid
contractual obligation upon reaching majority. Rule does not apply to contracts
for goods or services necessary for minor’s health and sustenance. Such
contracts cannot be avoided by the defense of minority.)
Notes
Three Connecticut statutes
reference, and perhaps modify, the common law rule. General Statutes § 38a-284
provides that minors of the age of fifteen and over may enter into contracts for
life, health and accident insurance. General Statutes § 42a-3-305 (b) provides
a defense of infancy against a holder in due course who is seeking to enforce a
negotiable instrument. General Statutes § 36a-297 provides that minors may
enter into a contract to open an account with a bank or credit union.
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