Smith v. Adventure Air Sports of Kennesaw, LLC, 357 Ga. App. 1 Oct. 6, 2020

Efforts to avoid arbitration for a minor’s injuries did not succeed even though the minor signed his own waiver.

After the parents filed suit, the defendant filed a motion to compel arbitration. The parents argued the contract was unenforceable, unconscionable and that the facility failed to follow its own procedures. The contract to participate was signed by a 17-year-old, who signed in his father’s name without his father’s permission or knowledge. While generally speaking the contract of a minor is voidable, minors may be estopped from voiding contracts when those agreements are induced by false representation as to the minor’s age. Due to the minor’s age of 17, the court found that fraudulent intent was reasonably imputed to the minor.

 

 

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