Legal Definitions - pleading the baby act

Pleading the baby act is an informal legal phrase referring to a defense used by an individual who claims they were a minor (under the legal age of majority, typically 18) at the time they entered into a contract. Because minors generally lack the full legal capacity to form binding contracts, such agreements are often considered voidable at the minor's discretion. This defense allows the former minor to disaffirm or cancel the contract, thereby avoiding their contractual obligations.

• Example 1: Disaffirming a Purchase Agreement

  Imagine Liam, a 17-year-old high school student, signs a contract to purchase an expensive custom-built gaming computer on an installment plan, agreeing to pay $150 per month for two years. After making two payments, Liam realizes the financial commitment is too much and wants to return the computer.

  When the computer store attempts to enforce the contract, Liam can "plead the baby act" by asserting that he was a minor when the contract was signed. Because Liam lacked the legal capacity to enter into a fully binding contract at that age, he can disaffirm the agreement and return the computer, typically receiving a refund for payments made, though he might be responsible for any damage or depreciation of the item.

• Example 2: Voiding a Lease Agreement

  Consider Chloe, who is 17 years old, signing a one-year lease agreement for an apartment, perhaps misrepresenting her age as 18 to secure the rental. Three months into the lease, she decides to move out because she found a more affordable place closer to her family.

  If the landlord sues Chloe for breaking the lease and for unpaid rent, Chloe could "plead the baby act." Despite any misrepresentation of her age, the contract is generally voidable by a minor. She could argue that she was a minor when she signed the lease, making the contract unenforceable against her. The court might allow her to disaffirm the lease, though she would likely still be liable for the reasonable value of the apartment for the time she actually occupied it.

• Example 3: Canceling a Business Contract

  Suppose Daniel, a talented 16-year-old graphic designer, signs a contract with a marketing agency, agreeing to an exclusive three-year service deal that includes a significant percentage of his future earnings for the agency. After a year, Daniel's reputation grows, and he realizes the contract terms are highly unfavorable and restrictive.

  Daniel could "plead the baby act" to disaffirm the service contract. Since he was a minor when he signed it, he can argue that he lacked the legal capacity to enter into such a long-term, complex business agreement. This would allow him to void the contract and seek a new, more equitable deal, provided he does so within a reasonable time after reaching the age of majority.