Disaffirmation

Disaffirmation is a legal defense that allows a minor, a person with a mental incapacity, or in some jurisdictions a person who is otherwise unable to give informed consent, to rescind a contract or other legal obligation to which they were forced or induced. The doctrine originates in common law, where contract validity required the parties to possess legal capacity and intent. In modern jurisdictions, the concept is generally codified in statutes that provide a limited period—often about one year—during which a minor or incapacitated person may "disaffirm" the contract by notifying the other party of their intention to void it. The purpose of this defense is to balance the protection of vulnerable persons from exploitation against the need for contractual certainty. Disaffirmation may apply to purchases of goods, leases, loans, or service agreements. Once a contract is disaffirmed, the parties are typically relieved of future obligations, though the minor may be required to return any benefit received. Some jurisdictions also allow "revocation" by a minor, a similar but distinct concept, typically requiring the return of the receivable item. The law distinguishes disaffirmation from rescission, which is a mutual agreement to cancel a contract among parties with full capacity. Disaffirmation thus serves as a unilateral remedy for individuals who lack the legal capacity to contract, providing a safeguard against binding themselves to potentially detrimental agreements.