Legal Issue Of Selling To A Minor
Before I start, let me say our policy is to not sell knowingly to a minor without their parent's consent.
My question is: What are the legal ramifications of selling to a minor? I've heard the argument that children cannot enter into a contract legally. If so what is the difference between buying a pet reptile and buying a hamburger at McDonalds for a minor? (I mean legally, I understand the difference when it comes to responsibility of care etc). |
From EBay’s User Agreement
Quote:
Quote:
Regards. |
Quote:
|
I listen to those court TV shows sometimes and I think I heard that a minor can only enter into a legally binding contract for life neccessities~ IE~ food, shelter, utilities......
|
Let me through this scenario at you.
Teenager (Let's say 13 years old) goes into Target (or any major department store) and purchases a video game (for sake of argument let's say it's an educational game so we don't digress into discussions on violence or fun games :D). Price of video game was comparable to a corn snake w/ shipping. Return policy of the store is that the product can be returned for a full refund providing it's not opened (as then you can copy the game). This is standard for software packages at retail locations. Above mentioned teenager goes home and plays video game instead of doing chores. Mom come home and is upset. Takes the game back to the store stating that her child cannot be sold the game because they can not enter into a contract. Legally does she have a leg to stand on? Note: I understand the store would probably agree to a refund on a customer service point (who wants Mrs Soccer Mom screaming at them all day long?) but I am curious to the legal ramifications. |
Daniel,
I don't know the answer to your questions. In reality I don't even know if it is "black or white" either. But with the way things are going with the lawsuits and McDonalds I can see a few years from now the following conversation: customer"A Big Mac and a small drink please" employee "May I see your picture ID please"? ;) |
...Or
Quarter Pounder with Cheese $2.15 + Liability Insurance = $43.49 |
No kidding.
Now, if it is in the TOS of a website (say, like reptibid--or if I put it in my TOS) and a kid makes a purchase anyways--wouldnt the responsibility go to the parent? Or could the website still be in trouble because we did not get an ID. So, what, make them scan id's and email them to you prior to sale, LOL? This is definitely an issue we need to find out about. Dana |
Quote:
In places where minors are not allowed it is responsibility of the owners to check the IDs (let's say for example places where alohol is being sold). In those instances they can even loose their license. The penalty is not that severe however if the owner of the place in question was tricked or mislead in any way by the minor. By the way. I'm not 50. I'm 13, and you sold me a gecko! :D |
The following may shed some light into the minor’s issue:
Quote:
I believe these addresses some of the questions we had before, particularly what is considered “necessary”. Regards. |
All times are GMT -4. The time now is 11:22 AM. |
Powered by vBulletin® Version
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.