CAN A MINOR ENTER INTO A VALID CONTRACT IN NIGERIA?

The issue is centered on whether a minor is capable of making a valid contract. For a contract to be legally binding, both parties must have the capacity to sign the contract.

8/1/2022 1 min read

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CAN A MINOR ENTER INTO A VALID CONTRACT IN NIGERIA?

A minor can legally enter into a contract but whether the court will enforce the contract depends on some factors.

The issue is centered on whether a minor is capable of making a valid contract. For a contract to be legally binding, both parties must have the capacity to sign the contract.

Depending on the particular objective at hand, the age of the minority varies in Nigeria. People under the age of 21 are regarded as infants for the purposes of entering into contracts since they are not deemed mature for contractual reasons until they reach the age of 21.

Contracts made with infants are voidable at the child's request. As a result, the court determined that the applicable age of majority in the Labinjoh v. Abake case was 21. This made the contract for the sale of commodities that was made with the infant, who was 18 at the time, invalid. This rule was put in place to safeguard minors who might not understand the implications of some transactions. It is claimed that minors are incapable of contract.

However, under S.2 of the Sale of Goods Act, contracts for necessities made with a child are legally binding and enforceable.

Necessaries are items that are necessary for a person's survival, according to the definition given in the Chapple v. Cooper decision. Food, shelter, and clothing are some of them. Additionally, depending on the infant's socioeconomic situation, luxury items can be considered a need.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080