Can a 13 yr old child be held accountable to a contract without parental consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a 13 yr old child be held accountable to a contract without parental consent?

My child ordered a product from TV and paid for it with her money. She then received a second product in the mail one month later that she did not order. She returned it unopened. The seller still wants to be paid for the product even though they agree that they did receive the product back.

Asked on January 10, 2012 under Bankruptcy Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your daughter is a minor, being a minor is a defense to enforcement of a contract. 

As for the second item that was never ordered, but was shipped, unsolicited merchandise is considered a gift for which no payment is required.  Since the second item was returned and the company acknowledged that it was returned, the company has no claim for payment.

There wasn't any contract in effect to ship the second item and if there had been a contract for the purchase of the second item, the fact that your daughter is a minor would be a defense to enforcement of the contract.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption