Minors & Contract Laws in New Hampshire

A contract is an agreement between at least two parties that can be oral or written. Contracts are enforceable unless they are illegal, unfair, go against public policy or if one party lacked capacity to enter the contract.

Age Capacity

For a contract to be legally binding, each of the parties must meet age capacity. In New Hampshire, minors cannot enter contracts, so each party must be no less than 18-years-old.

Voidable Contracts

A contract with a minor is not automatically void and unenforceable. If both parties fulfill their obligations, the contract is valid. However, if a minor chooses to cancel the contract, he can repudiate, or back out of, his obligation. That is why the contract is voidable. Only the minor has the right to repudiate and he does not have to if he wishes to perform his obligation under the contract.

Emancipation

If a minor is legally emancipated, by marriage, court order or military service, he is considered an adult. Under those standards, even if he is under age 18, he has the capacity to enter and perform contracts and does not have the right to repudiate.

References

• New Hampshire Department of Justice: Contracts
• Family Law Blog: Contracts With Minors Are Voidable