Young people have a unique place in law. They are not yet adults, but they are developing many of the skillls and abilities of adulthood. They are entitled to many of the same rights as adults, and can be held to many of the same responsibilities. They will not; however, always be treated in the same way as adults. This unique place in law is generally founded on two beliefs:
· that children do not have the ability to properly evaluate their options and make sound decisions
· that it is the parent’s role in the family to guide and make decisions for their children.
In Saskatchewan, "the age of majority," the age at which people become adults in the eyes of the law, is 18. Each province determines its own age of majority, and can restrict the rights and responsibilities that go along with it. In Saskatchewan, upon reaching the age of majority, a person generally has the right to vote, get married, enter into contracts and otherwise participate fully in society.
Contract law provides special protection to minors. A contract can be defined as an agreement that the law will enforce. Generally, individuals under the age of 18 cannot be held liable for contracts that they enter into, unless the contract is for the "necessities of life" or the minor has derived a real advantage from it. Contracts that take unfair advantage of minors, or are not in their best interests, have no legal effect.
Necessities usually include things such as food, shelter, education and medical services, but can include a host of other things, depending on the circumstances. Saskatchewan law defines necessities as goods suitable to the condition of life of the minor and his actual requirements at the time of the sale and delivery.
Minors have the option of canceling contracts for non-necessities. This affords minors some protection against reckless or imprudent acts, but the law balances this special protection for minors against legitimate business interests.
For example, a minor may be tempted by a rent-to-own offer for a CD or video game player. The minor may come up with the required down payment and take the equipment home after entering into a contract that requires payments, plus interest, over time. After using the equipment for a week, the minor might regret the purchase for any number of reasons. While the minor cannot be held to the contract, he or she must return the merchandise.
And, the seller may have a right to keep some or all of the down payment to compensate for the benefit the minor obtained during the time he or she had possession of the merchandise.
Generally, when young people are considered mature enough (by law) to engage in "adult" activities, they will be subject to the same rights and responsibilities as adults. However, these rights and responsibilities may be modified by the underlying principle of law that states that young people require special guidance and protection. The special protection that contract law provides to minors is just one such example.
(Source: Public Legal Education Association. Reprinted with permission.)