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If a minor contracts for necessaries, to what extent is the minor liable?

User Sigfried
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Final answer:

A minor who contracts for necessaries is liable only to the extent of the reasonable value of those necessities. This ensures minors can obtain essential items for their wellbeing, like food and shelter, without being exploited due to their lack of full legal capacity.

Step-by-step explanation:

When a minor contracts for necessaries, the extent of their liability is often limited to the value of the items or services deemed necessary for their sustenance and well-being. In legal terms, 'necessaries' include items such as food, clothing, shelter, and sometimes medical care and education. A minor is not liable in the same way adults are for contracts, because the law considers minors to lack the full capacity to make informed decisions. However, when it comes to necessities, the law makes an exception, allowing minors to contract for these essential items and services, to ensure they can care for themselves, especially if parental support is lacking.

The minor's liability is generally limited to the reasonable value of the goods or services, rather than the amount that might be stipulated in any contract. This protects minors from exploitation and overcharging. It's important to note that the particulars can vary based on jurisdiction and the specific circumstances of the case.

The referenced texts seem to be from Jonathan Swift's satirical essay 'A Modest Proposal' and historical accounts or testimonies related to child labor during the industrial revolution. While they touch upon economic hardship and exploitation, they do not directly address the question of a minor's liability in contracting for necessaries. Nonetheless, they do underscore the vulnerable situation that minors can find themselves in, which necessitates the legal protections they are afforded.

User Popo Joe
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