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Understanding Minor Tenetur In Quantum Locupletior Factus in Contract Law
Definition & Meaning
The term "minor tenetur in quantum locupletior factus" refers to the legal principle that a minor is responsible for the extent to which they have benefited from a transaction. In simpler terms, if a minor enters into a contract or agreement and gains an advantage or benefit from it, they cannot later reject that transaction without accounting for the benefits received. This principle ensures that minors cannot exploit their legal status to unjustly enrich themselves while avoiding obligations.
Table of content
Legal Use & context
This principle is primarily used in contract law. It applies when a minor, upon reaching the age of majority, seeks to void contracts made during their minority. The law recognizes that while minors generally have the right to disaffirm contracts, they must also acknowledge any benefits they received. This ensures fairness in transactions involving minors.
Users can find relevant legal forms and templates through US Legal Forms to help navigate situations involving contracts with minors.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A seventeen-year-old enters into a contract to purchase a car. Upon turning eighteen, they decide to void the contract. However, because they have driven the car and enjoyed its use, they may be required to return the car or compensate the seller for the benefit received.
Example 2: A minor signs a lease for an apartment and receives furniture as part of the deal. When they reach adulthood, they wish to terminate the lease. They may be obligated to return the furniture or pay for its use during the lease period. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Age of Majority
Specific Rules Regarding Minors
California
18
Contracts can be voided, but minors must return benefits.
Texas
18
Minors can disaffirm but must account for any benefits.
New York
18
Minors have the right to void contracts but must return benefits received.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Capacity to Contract
The legal ability to enter into a binding contract.
Minor tenetur focuses on benefits received, while capacity addresses the ability to contract.
Disaffirmance
The right of a minor to void a contract.
Disaffirmance allows cancellation, while minor tenetur requires accounting for benefits.
Common misunderstandings
What to do if this term applies to you
If you are a minor or a parent of a minor involved in a contract, consider the following steps:
Review the contract to understand the benefits received.
Consult with a legal professional if you wish to void the contract or if you have questions about obligations.
Explore US Legal Forms for templates that can help manage contracts involving minors.
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