Q: If a contract to purchase an item and have it delivered is singed by a minor. Is it void and all money refunded?
My son has singed an agreement to purchase a bed from a company going out of business. They agree two weeks to ship the item, then months go by with no item delivered and they refuse to refund the money. My question is that since my son is actually under 18, does that void the contract and force the company to pay back his money and forget the original arrangement?
A:
See these statutes:
Oklahoma Statutes Citationized
Title 15. Contracts
Chapter 1 - Nature of Contracts
Section 18 - Contracts Minors May Make
Cite as: O.S. §, __ __
A minor may make any other contract than as above specified in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this chapter.
Oklahoma Statutes Citationized
Title 15. Contracts
Chapter 1 - Nature of Contracts
Section 19 - Disaffirmance of Minor's Contract
Cite as: O.S. §, __ __
In all cases other than those specified herein, the contract of a minor may be disaffirmed by the minor himself, either before his majority or within one (1) year's time afterwards; or, in case of his death within that period, by his heirs or personal representatives. Provided, that any minor between the ages of sixteen (16) and eighteen (18) who has paid for any repairing, supplying or equipping on any type of a motor vehicle may disaffirm said contract in like manner only by restoring the consideration to the party from whom it was received.
Oklahoma Statutes Citationized
Title 15. Contracts
Chapter 1 - Nature of Contracts
Section 20 - Contracts Involving Minors that Can't be Disaffirmed
Cite as: O.S. §, __ __
A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them.
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