Contract Case

  • Contract Case

    Posted by eniola on December 22, 2020 at 7:50 am

    I entered into a contract with an 18 year old and later realised the person is 17 years old. What do i do

    uche replied 2 years, 1 month ago 3 Members · 2 Replies
  • 2 Replies
  • profile avatar buddyboss 50

    aisha

    Member
    February 20, 2021 at 8:23 pm

    There seems to be no legal issue here. Or do you mean you later realized the person is a minor?

  • profile avatar buddyboss 50

    uche

    Member
    February 25, 2022 at 4:05 pm

    Generally, for a contract to be valid all parties must have the capacity among other factors. Generally, in Nigeria person under 18 (eighteen) years of age cannot enter into a valid contract under Nigerian law. Section 18 of the child rights act provides that No child shall enter into a contract, except a contract for necessaries, or a contract entered into by a child for repayment of money lent or for payment of goods supplied to the child Anything other than these 3 exceptions, any contract entered into with a child is deemed void.

    Also, section 18 of the child’s right act further provides that, no action can be brought against the child after the child has attained the age of majority, to pay a debt contracted before majority or ratified on majority or any promise of the contract made by the child before majority, whether or not there was new consideration for the promises or ratification after the child attained majority; and if a child who has entered into a contract for a loan which is void agrees after majority to pay the loan, the agreement in whatever form it may be, shall be void so far as it relates to money which is payable in respect of the loan.

    In summary, the only binding contract a minor can enter into is a contract for necessaries (basic things the child needs in life for health and safety, such as food, shelter clothing, etc.), contract for the repayment of the money the child lent, and contract for the payment of goods supplied to the child.

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