Written by attorneys · grounded in primary & secondary sources — see below
Lesser age. The period during which a person has not yet attained the age of majority and therefore lacks full legal capacity to act independently in many matters.
Sources & Authorities· 22 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Buyer Bears Loss After Fire
Miguel Mendoza, a minor aetas, contracts to buy a home from Meridian Motors. Before closing a fire destroys the house. Under the majority rule the risk of loss has already passed to Miguel at contract formation so he must still pay the full price and cannot avoid the deal.
Contract During Minority Voidable
Miguel Mendoza, a minor aetas, enters a services contract while still below majority age. Upon reaching majority he disaffirms within a reasonable time. The contract is voidable at his election because minority status deprived him of full legal capacity.
Misdemeanor Leads to Death
Michael Miller, a minor aetas, commits a non-malum-in-se misdemeanor that foreseeably results in a pedestrian's death. The majority rule treats the killing as manslaughter only because the death was a foreseeable consequence of the underlying offense.
Miguel Mendoza, a minor aetas, receives a contingent remainder limited to take effect only if he survives to age twenty-one. The minority period is treated as part of a life in being so the interest does not violate the rule against perpetuities.
Minor Client Seeks Counsel
Miranda Morales, a minor aetas client, consults counsel about a personal-injury claim. Because her capacity is diminished by minority the lawyer maintains a normal client-lawyer relationship as far as reasonably possible.
Illinois ex rel. McCollum v. Board of Education330 U.S. 1, 12 (1947)
Minor Disaffirms Purchase
Mariam Mansour, a minor aetas, buys a car on credit then disaffirms the contract after turning eighteen. The seller must return the down payment because minority rendered the contract voidable at the minor's option.
Lawrence v. Texas539 U.S. 558 (2003)
Common questions
Frequently Asked
3
What does minor aetas literally mean?+
The phrase means lesser age and historically denoted the period of minority or infancy during which a person lacked full legal capacity.
How is minority treated in perpetuities rules?+
A minority is deemed part of a life in being rather than an absolute term, so it does not extend the perpetuities period beyond the allowable lives.
Does minority alone create parental liability in tort?+
No. Parents are liable only when they know of the child's dangerous tendencies, have the ability to control the child, and fail to exercise reasonable care to prevent foreseeable harm.
576 U.S. 644 (2015)Legislation and Regulation
…came to see marriage in a way that could be extended to such couples. Until recently, this new view of marriage remained a minority position. After the Massachusetts Supreme Judicial Court in 2003 interpreted its State Constitution to require recognition of same-sex marriage, many States—including the four at issue…