QUESTION
I signed a contract at age 17 and am now 28. Am I liable for this contract?
Asked on Oct 10th, 2013 on Breach of Contract - New York
More details to this question:
I understand that I am now beyond the age of infancy, but the company that had me sign the contract took advantage of my lack of understanding of the seriousness of the contract. I also just reviewed the original promissory note and the original date(two months before my 18th birthday) is crossed out and was written as a date 6 days after my 18th birthday. My initials are next to the new date, but I don't remember doing it, nor does the handwriting exactly match my own, especially when compared to other capital letters written by me on the same page. The company I contracted with is in South Dakota and I am in New York.
1 ANSWER
Unless the law of South Dakota (or some other jurisdiction applies) and is very different from the law of New York, the fact that you were underage when you entered the contract is no longer a defense to it. While you probably could have voided this contract while you were still a minor, you cannot do so ten years later, 11 years after you signed it and began enjoying its benefits. If the company changed the date, that would have been relevant if you had acted within a reasonable time period and there was an issue about your having been a minor when you executed the contract, but having done nothing about it for so long, you can't avoid the ocntract now.
Answered on Oct 10th, 2013 at 12:35 PM