Misrepresentation of age by infants

3 key takeaways

• Misrepresentation of age by minors involves lying about age to enter contracts or restricted activities.
• Such misrepresentation can affect the enforceability of agreements.
• Legal protections often allow minors to void contracts even if they misrepresented their age.

What is the misrepresentation of age by infants?

Misrepresentation of age by infants occurs when minors falsely claim to be older than they actually are. This is typically done to enter into contracts, purchase restricted goods (like alcohol or tobacco), or engage in activities that have age requirements. The term “infants” in legal contexts refers to individuals who are not yet legally adults.

Importance of the misrepresentation of age by infants

This issue is important because it impacts the validity and enforceability of contracts and agreements. In many jurisdictions, contracts entered into by minors are not binding and can be voided by the minor. This legal protection exists to prevent minors from being taken advantage of, given their lack of experience and maturity.

How the misrepresentation of age by infants works

Entering a contract: A minor may lie about their age to enter into a contract, such as renting an apartment or buying a car.

Discovery of misrepresentation: If the minor’s true age is discovered, the other party to the contract may find that the agreement is voidable.

Voidability: The minor has the right to void the contract, meaning they can choose not to be bound by its terms. However, they may also be required to return any goods or benefits received under the contract.

Examples of misrepresentation of age by infants

• Renting property: A 17-year-old falsely claims to be 18 to sign a lease agreement for an apartment. If the landlord later discovers the tenant’s true age, the lease could be voided.
• Purchasing a car: A minor misrepresents their age to buy a car on credit. Upon discovering the minor’s real age, the seller might face legal challenges in enforcing the payment terms.
• Buying restricted items: A teenager uses a fake ID to purchase alcohol. While this is illegal, it also highlights how age misrepresentation can lead to legal issues beyond contractual obligations.

Legal implications

In many jurisdictions, the law allows minors to void contracts to protect them from exploitation. Even if a minor misrepresents their age, they are typically allowed to disaffirm the contract. This principle is rooted in the belief that minors lack the full legal capacity to understand and agree to binding contracts.

Understanding the misrepresentation of age by infants is crucial for businesses, legal professionals, and parents. It underscores the importance of verifying age and understanding the protections in place for minors in contractual agreements.

Related topics you might want to learn about include contract law, legal capacity, and consumer protection laws. These areas provide further insights into the legal framework surrounding contracts and the rights of minors.