| Commentary

(1) Generally

| Commentary

B.     Voidable contracts and the employment exception

(1)     Generally

The general rule at common law is that a contract entered into by a minor (ie under 18) is voidable by the minor. To this rule, there are two principal exceptions— (1) contracts for 'necessaries' (on which there is much, sometimes quite bizarre, old authority) and (2) 'beneficial contracts of employment or apprenticeship'. It is the second that is relevant here. Such contracts are prima facie binding on the minor (De Francesco v Barnum (1890) 45 Ch D 430). This is likely to be the case with

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