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Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian

Mini Dissertation (LLM)--University of Pretoria, 2018.

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Bibliographic Details
Other Authors: Cornelius, Steve J.
Format: Thesis
Language:English
Published: University of Pretoria 2018
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access_status_str Open Access
author2 Cornelius, Steve J.
author_browse Cornelius, Steve J.
author_facet Cornelius, Steve J.
collection Thesis
dc_rights_str_mv © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2018.
format Thesis
id oai:repository.up.ac.za:2263/68015
institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:25.358Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2018
publishDateRange 2018
publishDateSort 2018
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/68015 Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian Cornelius, Steve J. roxanne.gilbert@up.ac.za Gilbert, Roxanne Unrestricted UCTD Mini Dissertation (LLM)--University of Pretoria, 2018. This paper essentially aims to deal with the principles regulating a contract entered into with a minor without the consent or assistance of his parent or guardian, specifically in the form of an electronic contract concluded online. Since no legislation exists in this regard, it is necessary to fall back on the common law which regulates a contract concluded with a minor. When a minor enters into a contract without the assistance of his parent or guardian, the contract becomes fully binding on the contracting party but not the minor unless it is ratified by his parent or guardian, or the minor himself upon attaining majority. The reason for this is that the minor should be protected against his own immaturity. But it also important to keep in mind the interests of the other party to the contract. The current position seems to favour a minor’s interest in the contract above that of the other party to the contract. It also becomes more difficult to regulate these types of contracts when it has been concluded online. This paper thus investigates the nature of contracts concluded with minors and whether it is necessary that the current law be reconsidered. Private Law LLM Unrestricted 2018-12-05T08:06:28Z 2018-12-05T08:06:28Z 2009/06/18 2018 Mini Dissertation Gilbert, R 2018, Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/68015> S2018 http://hdl.handle.net/2263/68015 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Unrestricted
UCTD
Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title_full Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title_fullStr Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title_full_unstemmed Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title_short Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
title_sort consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian
topic Unrestricted
UCTD
url http://hdl.handle.net/2263/68015