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4.4-1  Minors 

New February 3, 2009 

The defendant has raised the affirmative defense of minority.  The defendant is not legally responsible to the plaintiff for breach of contract if the defendant was a minor, that is, under the age of 18,1 at the time (he/she) entered into the contract.
1 General Statutes § 1-1d defines the term “minor.”  


Yale Diagnostic Radiology v. Estate of Harun Fountain, 267 Conn. 351 (2004) (Connecticut recognizes the common-law rule that a minor child's contracts are voidable. Under this rule, a minor may ratify or avoid contractual obligation upon reaching majority.  Rule does not apply to contracts for goods or services necessary for minor’s health and sustenance.  Such contracts cannot be avoided by the defense of minority.) 


Three Connecticut statutes reference, and perhaps modify, the common law rule.  General Statutes § 38a-284 provides that minors of the age of fifteen and over may enter into contracts for life, health and accident insurance.  General Statutes § 42a-3-305 (b) provides a defense of infancy against a holder in due course who is seeking to enforce a negotiable instrument.  General Statutes § 36a-297 provides that minors may enter into a contract to open an account with a bank or credit union.


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