Hastings International and Comparative Law Review


In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors in the marketplace has tipped the balance back in favor of minors. Scotland has sought to deal with this, and the author suggests that the United States and England take a leaf out of Scotland's book.