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Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Contractual capacity of minors

88: Court orders where contract was fair and reasonable

You could also call this:

“Courts can make decisions about fair contracts with young people”

If a court finds that a contract with a minor was fair and reasonable when it was made, they can do a few things. They can make the minor follow the contract. They can say the contract, or part of it, is valid for the minor. The court can also let the other people in the contract cancel it if they think that’s fair. Lastly, they can order that money or property be given back to make things right. The court will decide what’s fair in each case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844198.

Topics:
Family and relationships > Children and parenting Money and consumer rights > Consumer protection Business > Fair trading
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"Court can check if contracts with minors are fair"

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"Courts can fix unfair contracts"

Part 2 Contracts legislation
Minors’ contracts: Contractual capacity of minors

88Court orders where contract was fair and reasonable

  1. The court may, if it finds under section 87 that the contract was fair and reasonable at the time the contract was entered into,—

  2. enforce the contract against the minor:
    1. declare that the contract is binding on the minor, whether in whole or in part:
      1. make an order allowing the other parties to the contract, on the conditions that the court thinks just, to cancel the contract:
        1. make an order for compensation or restitution of property under section 95 that it thinks just.

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