‘Frack Gag’ Bans Children From Talking About Fracking, Forever

[Kelvin Mace]

16. Except that such a legal agreement could not be extended to minor children

Contracts entered into by parents/guardians affecting a minor are not binding after they reach age 18, unless the "newly minted adult" signs a the contract. Parents/guardians may be legally liable for the actions of minor children, but once they reach 18, that liability pretty much stops.

You cannot legally obligate anyone other than yourself to a contract. A husband cannot be liable for his wife breaking a contract, unless he signed onto the contract as well (though he may suffer financial harm due to sanctions against his wife). Otherwise, I could fill out a loan application and make someone else with better credit a co-signer.

Minors cannot legally enter into contracts, thus once they turn 18 and are no longer subject to their parent's/guardian's authority, they would not be bound by the contract unless they then signed it.

Also, I think it would be highly unlikely that even a minor child could be bound by an NDA his parents signed. How does one control what a ten year old chooses to discuss at school or with friends?

I would love to see this one in court. I doubt the fracking company would be very enthused by the prospect of defending the provision in court.