There are a few matters that would need to be considered before I decided whether to continue business with Don or if other measures need to be taken. First things first, confront Don about the that I had no prior knowledge of this so called contract. Second, he let a minor sign a contract, were in the state of North Carolina is voidable (site nc law website). Lastly, the ongoing business relationship may be looked at as an implied contract, which may prompt Don to file a breach of contract suit against myself and my company.
Don fraudulently executed a requirements contract. There are six key elements to a legal contract that makes it valid and Don blatantly disregarded two of them. Legal offer is when an offer that shows objective intent to enter into a contract, is definite, and is communicated to the offeree (site the book page 268). Don never came to me to propose the nature of his contract nor did he mention the fact that he would like to considered forming one. Consequently, the second step in forming a contract, legal acceptance, will not happen. I must be knowledgeable about a contract to be in agreement. Don failed at correctly forming this contract again by insisting that my 17 year old son sign the contract. Was my son competent enough to lock my company into this agreement?
A person's ability to understand the nature of the transaction and the consequences of entering into it at the time the contract was entered into; with this definition of competency, does my son fit the definition? No, he never asked questions and he most likely did not even read the contract. He did what any other 17 year old kid working part time and his parents company would do; just sign it. It is clear that my son does not have the capacity to contract on behalf of my company. Legally, my son is still a minor. In the state of North Carolina, the majority age is 18 and above (site nc website). Luckily for me, contracts made by minors are voidable and can be declared...