should sex between consenting adults ever be illegal?

[jberryhill]

105. Why do you say a minor cannot sign a contract?

A minor can most certainly sign a contract, and can sue for performance of that contract by the other party.

A 12 year old can buy anything at an electronics store, and can certainly get warranty service.

I am also certain that the names Shirley Temple, Mcauley Caulkin or Britney Spears, to name a few, might ring a bell.

The problem with contracting with minors is NOT that minors are unable to contract. They are, and they do.

The problem is that many contracts are voidable BY the minor. If I enter into a contract with a ten year old, I am legally obligated to perform. However, if the minor breaches the contract, I am limited in my ability to enforce the contract against the minor. The MINOR can void the contract at their discretion, in many instances. I cannot raise minority as a defense to my own breach.

There are, of course, a variety of exceptions and statutory modifications, but this notion that "minors can't contract" is a popular piece of folklore with no relation to the actual law on the subject.

Of course, for this reason, many businesses do not contract with minors, but it is not because minors are somehow unable to contract.