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This Act may be cited as the Minors Contracts Act 1988 .
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Tasmania act
This Act makes guarantees given by adults for a minor’s contract enforceable against the guarantor as if the person guaranteed had been an adult at the contract date (s 4). It defines “minor” as under 18 and “relevant date” as the date the contract is made (s 3).
Who pays and who decides: creditors can pursue non-minor guarantors for performance; guarantors bear payment risk. Guarantees remain unenforceable where there are defects unrelated to the minor’s age (s 4(2)). The Act also repeals the Infants' Relief Act 1875 (s 5).
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Direct links to the current provisions in Minors Contracts Act 1988.
This Act may be cited as the Minors Contracts Act 1988 .
This Act shall commence on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears –
minor means a person under 18 years of age;
relevant date means the date on which a minor enters into a contract.
(1) Where a person, other than a minor, guarantees the performance by a minor of his obligations under any contract, the guarantee is enforceable against the guarantor to the same extent as if the minor had not been a minor at the relevant date.
(2) This section does not operate to render a guarantee enforceable if it would, apart from this section, be unenforceable otherwise than by reasons of the minority of the person whose obligations are guaranteed.
The Infants' Relief Act 1875 is repealed.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Minors Contracts Act 1988 .
This Act shall commence on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears –
minor means a person under 18 years of age;
relevant date means the date on which a minor enters into a contract.
(1) Where a person, other than a minor, guarantees the performance by a minor of his obligations under any contract, the guarantee is enforceable against the guarantor to the same extent as if the minor had not been a minor at the relevant date.
(2) This section does not operate to render a guarantee enforceable if it would, apart from this section, be unenforceable otherwise than by reasons of the minority of the person whose obligations are guaranteed.
The Infants' Relief Act 1875 is repealed.