Disaffirmance

Disaffirmance is a legal concept that allows certain parties to void or cancel a contract they have entered into. This right is most commonly associated with minors, individuals who have not yet reached the age of legal majority. When a minor disaffirms a contract, they are essentially stating that they are no longer bound by its terms and are entitled to be returned to their original position before the contract was made, to the extent possible.

The ability to disaffirm is a protection for minors against entering into agreements they may not fully understand or that could be disadvantageous. Generally, a minor can disaffirm a contract at any time during their minority or for a reasonable period after reaching the age of majority. The exact timeframe for a reasonable period can vary depending on the jurisdiction and the specific circumstances.

Not all contracts entered into by minors are subject to disaffirmance. Contracts for necessaries, such as food, shelter, and essential medical care, are typically exceptions. A minor may be held liable for the reasonable value of necessaries furnished to them. Furthermore, if a minor ratifies a contract after reaching the age of majority, they lose the right to disaffirm. Ratification can occur through express agreement or by conduct that indicates an intention to be bound by the contract.

Other parties, such as individuals who lack mental capacity or who enter into contracts under duress or undue influence, may also have grounds for disaffirmance, although the legal framework for these situations often involves different terminology and procedures. The core principle remains the cancellation of an agreement due to a party's legal inability to be fully bound or due to vitiating factors.