Paper Example on Minors and Contracts

Introduction

With globalization and current developments, the contractual liability of minor and more generally, the capacity of minors to make a legal action on their own is presently under scrutiny in both common law systems and continental in general (Bagheri, Hassan & Mansour,2017). The reason that is resulting to this case involves the growing purchasing power and their increasing significance participation in every aspect of contemporary life; hence this discussion will identify how a minor was able to manage her contractual affairs.

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This is one of the cases that presented the Supreme Court with an issue of the first impression on whether the New Mexico Emancipation Act gave authority to a district court to offer out a minor who was emancipated for some rather than all the compensation purposes that existed. Jhette Diamond(daughter)who was the petitioner was recognized by then as a sixteen-year-old who petitioned the district court in for declaration of emancipation concerning the Act. In this case, it is important to note that at thirteen years, the daughter moved out of her mother's home, Adrienne Diamond (Mother) and went to live with various households. During the hearing time, the mother didn't appear at the hearing or otherwise opposes the petition. The daughter who was being defended by a counsel indicated to the district court that she had no intention of going to live with the mother. The main reason for such a stand was that the mother kept a relationship with a man who was not only facing substance abuse issues but was very violent.

In this case, the District Court provided an issuance of a "Declaration of Emancipation of Minor" in 2007 march, finding out that the daughter had been managing her financial affairs and had been living independently without the mother's support (Diamond,2018). The conclusion was that emancipation would provide freedom and would serve the interest of the daughter. On the other hand, the mother who was represented by the counsel, however, objected to child support to an emancipated minor. In agreement with the mother, the court Appeal agreed that Mexico law was not in one accord with a minor emancipated pursuant.

However, upon review that was done by the legislative history of the Act, the supreme court concluded that the Act directive to facilitate emancipation and emancipation was to be declared for one significant purpose which authorized partial emancipation. In this case, the minor was able to manage her contractual affairs.

Reference

Bagheri, P., Hassan, K. H., & Mansour, M. S. (2017). Parties' legal capacity in electronic commerce transactions. European Journal of Law and Economics, 44(3), 503-515.

Diamond, S. S. (2018). Coping with Modern Challenges and Anticipating the Future of Criminal Jury Trials. Criminal Juries in the 21st Century: Psychological Science and the Law, 297.