Every sane person is presumed to have the capacity to enter into a
legal contract. However, the law places the risk of contracting with
an infant on the adult by establishing an age rule under which the
infant is irrefutably presumed incompetent to contract, but only if
the minor raises the issue at the point of performance of the contract.
The lack of minor accountability regarding contractual obligations
must be reconsidered to advance electronic commerce.
Utilizing the doctrinal research methodology, this paper seeks to
examine the principles relating to infant capacity to contract in light
of the sophisticated nature of commercial transactions in which
minors are regularly engaged in in today’s society.