South Australia act

Minors Contracts (Miscellaneous Provisions) Act 1979

In ForceSA

Jurisdiction

South Australia

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act

Plain English Summary

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This Act sets rules for contracts involving minors. Contracts that would be unenforceable because a party was a minor remain unenforceable unless the minor ratifies them in writing after reaching majority; guarantees by adults remain enforceable as if the minor had been of age; courts can approve contracts in advance, order restitution of property, or appoint agents to act for a minor.

Who pays and who decides: minors can avoid liability but must ratify to be bound, guarantors remain liable, and courts decide approvals, restitution and agent appointments (see s4–s8). The measure raises written-compliance and court-application costs and shifts dispute risk into litigation.

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Minors Contracts (Miscellaneous Provisions) Act 1979

South Australia Minors Contracts (Miscellaneous Provisions) Act 1979 An Act to make provision in relation to contracts entered into by minors; and for related purposes.

Contents 1 Short title 3 Interpretation 4 Contract that is unenforceable by reason of minority remains unenforceable unless ratified in writing 5 Guarantees 6 Approval of minor's contract by court 7 Restitution of property to minor 8 Appointment of agent to act on behalf of minor Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Minors Contracts (Miscellaneous Provisions) Act 1979. 3—Interpretation In this Act, unless the contrary intention appears— minor, in relation to a contract, includes a person who was, at the time of entering into the contract, a minor. 4—Contract that is unenforceable by reason of minority remains unenforceable unless ratified in writing Where a person has entered into a contract that is, by reason of his minority at the time of entering into the contract, unenforceable against him, the contract shall remain unenforceable against him unless it is ratified by him, in writing, on or after the day on which he attains his majority. 5—Guarantees (1) When a person (other than a minor) guarantees the performance by a minor of his obligations under a contract, the guarantee shall be enforceable against the guarantor to the same extent as if the minor had, before entering into the contract to which the guarantee relates, attained his majority. (2) This section does not operate to render a guarantee enforceable if it would, apart from this section, be unenforceable otherwise than by reason of the minority of the person whose obligations are guaranteed. 6—Approval of minor's contract by court (1) A contract with a minor shall have effect as if the minor had, before entering into the contract, attained his majority if, before the contract was entered into by the minor, its terms were approved by a court. (2) An application for the approval of a court in respect of the terms of a proposed contract may be made by— (a) the minor, or his parent or guardian; or (b) any other party to the proposed contract. (3) In this section— court means— (a) the Supreme Court; or (b) a local court of full jurisdiction. 7—Restitution of property to minor (1) Where— (a) a person has avoided a contract on the ground of his minority; and (b) before the avoidance of the contract, property passed thereunder to some other contracting party, a court may, on an application made by or on behalf of the minor, order restitution of that property. (2) An order under this section— (a) may be made on such terms and conditions as the court considers just; and (b) may be made notwithstanding that the minor has received some benefit under the contract, or that any other party to the contract has partly performed his obligations under the contract. (3) In this section— court means— (a) the Supreme Court; or (b) where the value of the property in respect of which restitution is sought does not exceed the jurisdictional limit of a local court of full jurisdiction—a local court of full jurisdiction; or (c) where the value of the property in respect of which restitution is sought does not exceed the jurisdictional limit of a local court of limited jurisdiction—a local court of limited jurisdiction. 8—Appointment of agent to act on behalf of minor (1) A court may— (a) on the application of a minor; or (b) on the application of a parent or guardian of a minor, appoint a person to transact any specified business, or business of a specified class, or to execute any documents, on behalf of the minor. (2) Where a person appointed to transact business on behalf of a minor under this section incurs any liabilities in the course of so doing those liabilities are enforceable against the minor. (3) In this section— court means— (a) the Supreme Court; or (b) a local court of full jurisdiction. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act Year No Title Assent Commencement 1979 28 Minors Contracts (Miscellaneous Provisions) Act 1979 15.3.1979 1.11.1979 (Gazette 1.11.1979 p1104) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 2 omitted under Legislation Revision and Publication Act 2002

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Minors Contracts (Miscellaneous Provisions) Act 1979

South Australia Minors Contracts (Miscellaneous Provisions) Act 1979 An Act to make provision in relation to contracts entered into by minors; and for related purposes.

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Minors Contracts (Miscellaneous Provisions) Act 1979. 3—Interpretation In this Act, unless the contrary intention appears— minor, in relation to a contract, includes a person who was, at the time of entering into the contract, a minor. 4—Contract that is unenforceable by reason of minority remains unenforceable unless ratified in writing Where a person has entered into a contract that is, by reason of his minority at the time of entering into the contract, unenforceable against him, the contract shall remain unenforceable against him unless it is ratified by him, in writing, on or after the day on which he attains his majority. 5—Guarantees (1) When a person (other than a minor) guarantees the performance by a minor of his obligations under a contract, the guarantee shall be enforceable against the guarantor to the same extent as if the minor had, before entering into the contract to which the guarantee relates, attained his majority. (2) This section does not operate to render a guarantee enforceable if it would, apart from this section, be unenforceable otherwise than by reason of the minority of the person whose obligations are guaranteed. 6—Approval of minor's contract by court (1) A contract with a minor shall have effect as if the minor had, before entering into the contract, attained his majority if, before the contract was entered into by the minor, its terms were approved by a court. (2) An application for the approval of a court in respect of the terms of a proposed contract may be made by— (a) the minor, or his parent or guardian; or (b) any other party to the proposed contract. (3) In this section— court means— (a) the Supreme Court; or (b) a local court of full jurisdiction. 7—Restitution of property to minor (1) Where— (a) a person has avoided a contract on the ground of his minority; and (b) before the avoidance of the contract, property passed thereunder to some other contracting party, a court may, on an application made by or on behalf of the minor, order restitution of that property. (2) An order under this section— (a) may be made on such terms and conditions as the court considers just; and (b) may be made notwithstanding that the minor has received some benefit under the contract, or that any other party to the contract has partly performed his obligations under the contract. (3) In this section— court means— (a) the Supreme Court; or (b) where the value of the property in respect of which restitution is sought does not exceed the jurisdictional limit of a local court of full jurisdiction—a local court of full jurisdiction; or (c) where the value of the property in respect of which restitution is sought does not exceed the jurisdictional limit of a local court of limited jurisdiction—a local court of limited jurisdiction. 8—Appointment of agent to act on behalf of minor (1) A court may— (a) on the application of a minor; or (b) on the application of a parent or guardian of a minor, appoint a person to transact any specified business, or business of a specified class, or to execute any documents, on behalf of the minor. (2) Where a person appointed to transact business on behalf of a minor under this section incurs any liabilities in the course of so doing those liabilities are enforceable against the minor. (3) In this section— court means— (a) the Supreme Court; or (b) a local court of full jurisdiction. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement 1979 28 Minors Contracts (Miscellaneous Provisions) Act 1979 15.3.1979 1.11.1979 (Gazette 1.11.1979 p1104) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement s 2 omitted under Legislation Revision and Publication Act 2002