38-102. Minor bound by contracts, when. Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bound not only by contracts for necessaries, but also by the minor's other contracts, unless the minor disaffirms them within a reasonable time after the minor attains the minor's majority and restores to the other party all money or property received by the minor by virtue of the contract and remaining within the minor's control at any time after the minor attaining the minor's majority.
History: G.S. 1868, ch. 67, § 2; R.S. 1923, 38-102; L. 2000, ch. 174, § 9; July 1.
Law Review and Bar Journal References:
Estate planning for the small businessman, James K. Logan, 8 K.L.R. 590, 611 n. 151 (1960).
Gifts to minors, Melvin C. Poland, 5 W.L.J. 29 (1965).
"Survey of Kansas Law: Secured Transactions," J. Eugene Balloun, 27 K.L.R. 301, 306 (1979).
"What's your authority? And other issues in oral settlement agreements," Daniel E. Blegen, 69 J.K.B.A. No. 5, 26 (2000).
CASE ANNOTATIONS
1. Minor bound by recognizance entered into by himself and sureties. The State v. Weatherwax, 12 Kan. 463, 465.
2. Stepfather may voluntarily assume care and support of stepchild. Smith v. Rogers, Ex'r, 24 Kan. 140, 142.
3. Minor may own property the same as any other person. Wheeler, Adm'r, v. St. J. & W. Rld. Co., 31 Kan. 640, 644, 3 P. 297.
4. Rights and liabilities as between parent and child considered. Wheeler, Adm'r, v. St. J. & W. Rld. Co., 31 Kan. 640, 643, 644, 3 P. 297.
5. When minor's misrepresentation of his age renders his contract enforceable. Dillon v. Burnham, 43 Kan. 77, 81, 82, 22 P. 1016.
6. Minor's agreement to partition land is voidable only. McCullough v. Finley, 69, Kan. 705, 707, 77 P. 696.
7. Beneficiary may not disaffirm warranties of minor in insurance policy. Insurance Co. v. Brubaker, 78 Kan. 146, 153, 96 P. 62.
8. Minor may disaffirm voidable contracts within reasonable time after majority. Ralph v. Ball, 100 Kan. 460, 462, 164 P. 1081.
9. Refusing to re-sign mortgage after reaching majority not a disaffirmance. Brown v. Staab, 103 Kan. 611, 614, 176 P. 113.
10. Minor engaged in business as an adult may disaffirm contract with one not deceived. McClure Motor Co. v. Irwin, 137 Kan. 528, 530, 21 P.2d 403. Modified: 138 Kan. 35, 23 P.2d 470.
11. Restoration by minor held essential to valid disaffirmance. Weeks v. Berchauer, 140 Kan. 244, 247, 36 P.2d 81.
12. Minor may appoint an agent; infancy as defense. Crawford v. Firman, 144 Kan. 270, 272, 59 P.2d 27.
13. Disaffirmance of antenuptial agreement 12 years after marriage; no laches. In re Estate of Benso, 165 Kan. 709, 714, 199 P.2d 523.
14. Discussed in holding minor liable for damage to airplane. Pottawatomie Airport & Flying Service, Inc. v. Winger, 176 Kan. 445, 449, 271 P.2d 754.
15. Under section minor's contract is never void because of minority. Ehrsam v. Borgen, 185 Kan. 776, 778, 347 P.2d 260.
16. Filing action to recover under uninsured motorist clause of automobile insurance policy held equivalent to implied disaffirmance of arbitration. Dickson v. Hoffman, 305 F. Supp. 1040, 1042.
17. Cited in decision holding confession of judgment by underinsured motorist not binding on plaintiff's underinsured motorist coverage insurer. Guillan v. Watts, 15 Kan. App. 2d 405, 411, 808 P.2d 889 (1991).
18. While medical expenses are necessities for which minor is liable, parent has cause of action to recover medical expenses incurred for minor child absent exceptional circumstances. Wilson v. Knight, 26 Kan. App. 2d 226, 235, 982 P.2d 400 (1999).
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