Could a ten-year-old make a valid contract without a parent’s approval in South Carolina?

Plain-English summary

A police chief asked whether a ten-year-old could enter a verbal or written contract without approval from a parent or guardian and when a minor’s contract became binding. The Assistant AG gave general rules rather than deciding a particular agreement. He said a minor’s contract was valid until disaffirmed, but voidable at the minor’s election. The adult counterparty could not avoid it solely because of the other party’s age. Parental or guardian approval, by itself, did not validate a minor’s contract or remove the minor’s power to avoid it.

The letter said that, upon reaching majority, a person could ratify the contract in writing under Section 20-7-250; once ratified it became binding and could not later be disaffirmed. It noted an exception for some contracts for necessaries. It also explained that the Statute of Frauds could require a writing for certain agreements, including those impossible to perform within one year. The letter was an informal opinion.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did a parent’s approval make a ten-year-old’s contract binding? A: The AG said no as a general rule; approval by a parent or guardian did not validate the minor’s contract.

Q: Could the adult party cancel the agreement just because the other party was a minor? A: No. The letter said the minor’s avoidance power was one-sided.

Q: How could a former minor make the agreement binding? A: The opinion said written ratification after reaching majority could bind the person under the cited 1998 law.

Q: Were all minors’ contracts avoidable?
A: The footnote identified contracts for necessaries as an instance in which a minor could be bound.

Background and statutory framework

The opinion separated contract form under the Statute of Frauds from a minor’s power to disaffirm. It cited § 32-3-10 for writing requirements and Section 20-7-250 for written ratification, while relying on decisions distinguishing voidable contracts from contracts void from the outset.

Citations and references

Statutes discussed: § 32-3-10; Section 20-7-250. Cases cited: Morgan v. Blackwell; Parker v. Lyons; Greenville Hospital System v. Smith.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-27-1998-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98jan27preacher.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

January 27, 1998

i .

James A. Preacher, Jr., Chief of Police
Norway Police Department
P.O. Box 127
Norway, South Carolina 29113
Re:

Informal Opinion

Dear Chief Preacher:
Attorney General Condon has forwarded your opinion to me for reply. You have asked for this Office's opinion on two questions. First, you have asked whether a ten-year old may enter into a legally binding verbal or written contract without the approval of the ten-year old's parent, guardian, trustee or executor of an estate. Secondly, you have asked if there is a particular age at which a minor's contract becomes legally binding. In this opinion, I will address the general rules of law in regards to the questions raised. As an initial matter, in regards to a verbal or written contract, the Statute of Frauds provides that certain agreements must be in writing and signed by the party to be charged or some person thereunto by him lawfully authorized. S.C. Code Ann. § 32-3-10. An oral agreement, including an oral modification, will be barred by the Statute of Frauds if it is incapable of being performed within one year. Roberts v. Gaskins, 327 S.C. 478, 486 S.E.2d 771 (Ct. App. 1997). In addition, the Statute of Frauds applies only to contracts which are impossible to perform within one year. Id. As to your question regarding whether there is a particular age at which a minor's contract becomes legally binding, a contract entered into by a minor is valid until disaffirmed. However, the contract entered into by a minor is voidable at the minor election, rather than void ab initio. Morgan v. Blackwell, 286 S.C. 457, 334 S.E.2d 817 (1985); Parker v. Lyons, 219 S.C. 40, 64 S.E.2d 123 (1951). Therefore, the contract may

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REMBERT

c. DENN IS BUILDI NG

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POST OFFICE Box 11549

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COLU\IBI A, S.C. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE : 803-253-6283

Chief Preacher
Page 2
January 27, 1998

be avoided at the option of the minor prior to ratification. 1 This power of avoidance is one-sided. The adult party to the transaction cannot avoid the contract on the ground of the other's infancy. Id.

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Upon reaching the age of majority, a minor may bind himself to the contract by ratification. Under Section 20-7-250 of the South Carolina Code of Laws, ratification must be in writing. Generally, it is within the minor's discretion to determine which contract he would like to ratify. However, a minor cannot split up the entire contract and ratify so much thereof as he considers to his advantage and avoid the balance. Arnold v. Life Ins. Co. of Ga., 226 S.C. 60, 83 S.E.2d 553 (1954). Once the infant ratifies the contract, it becomes binding and enforceable, ceases to be voidable, and cannot be subsequently repudiated or disaffirmed. 43 C.J.S. Infants § 168 (1978). As to your question concerning the approval of a minor's parent or guardian, as a general rule, a minor may enter into a valid contract without the approval of the minor's parent or guardian. The approval by a parent or guardian of his infant child's contract does not validate it. 43 C.J.S. Infants § 166 (1978). This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain Very truly yours,

Rl4i{

Paul M. Koch
Assistant Attorney General

1

In some instances, a minor may bind himself, and is liable, for certain contracts. For example, a minor may be bound by a contract for necessaries. Greenville Hospital System v. Smith, 269 S.C. 653, 239 S.E.2d 657 (1977).