Washington Law Review


R. Ted Bottiger


The growing number of minors having sizable funds of their own to spend, either because of greater earning capacity or larger allowances, combined with concurrent growth in competition for such business, has posed with increasing frequency problems in the area of infant's contracts, rights and liabilities. Before an adult contracts with a minor, he should consider the minor's limited capacity and the availability of the infancy defense in suits to enforce such contracts. The defense of infancy is, however, subject to common law and statutory limitations which may preserve the adult's contract or property rights. The adult, upon realization that the ordinary rules of contract and procedural law are often modified by the infancy of one party, is well advised to use caution in entering into such contracts. It is the purpose of this Comment to point out, with special emphasis on Washington law when available, some of the problems in procedure and in the special contract rules applicable to the enforcement of infants' contracts.

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