In the past, the common law held that minors, infants, and children could not be a party to a legally enforceable contract. In many provinces, however, there is recognition in legislation that children do form contracts that must be enforced for their benefit or that of others.

Contracts entered into by a minor (anyone under the age of 18 in Ontario) are not binding on the minor unless they are formally ratified or authorized by him or her after reaching the age of majority. The contract, however, is still binding on the adult.

When can an adult enforce a contract made by a child?

There are four circumstances when an adult can enforce contracts because they are for the benefit of the child. These are:

1. Contracts for necessities (for example, housing, food, etc.)
2. Employment and other beneficial contracts
3. Contracts involving land, marriage, company shares or partnerships
4. Contracts ratified by a minor on reaching the age of majority

More information can be found in topic 970 Can children hire lawyers?

								
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