Contract and Commercial Law Act 2017

Contracts legislation - Minors’ contracts - Contractual capacity of minors

90: Matters court must have regard to

You could also call this:

“What the court thinks about when dealing with young people's contracts”

When the court is deciding about contracts involving young people, they need to think about several things. You should know that the court looks at how the contract was made and what was happening at the time. They also consider what the contract is about and what it’s for. If the contract is about property, the court thinks about what kind of property it is and how much it’s worth. The court also takes into account how old the young person is and if they have any money or things of their own. Lastly, the court looks at anything else that might be important to the situation. All of these things help the court make a fair decision about the contract.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844200.


Previous

89: Court orders where contract was not fair and reasonable, or

"Courts can fix unfair contracts"


Next

91: Further provisions relating to application of sections 86 to 90, or

"Extra rules about when parts of the law for young people's contracts don't apply"

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

90Matters court must have regard to

  1. In exercising its discretion under sections 87 to 89, the court must have regard to—

  2. the circumstances surrounding the making of the contract:
    1. the subject matter and nature of the contract:
      1. in the case of a contract relating to property, the nature and the value of the property:
        1. the age and the means (if any) of the minor:
          1. all other relevant circumstances.
            Compare