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.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.