Home – New Forums Other discussions How old do people have to be in Australia to enter into an agreement?

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  • #979489
    BrettM33
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    As per the title, how old do people need to be in Australia to enter into something such as a user agreement when they register for a site? Though there will be international users as well, so not sure how that bit works. I believe it’s 18 right?

    Also, how about collecting and storing user information – is that 16?

    Thanks!

    #1114604
    MyGreatIdea
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    I don’t believe that anyone under 18 can enter into a contract on their own. From my experience I know that my sons couldn’t get a phone plan (it had to be in my name) and even their apprenticeship agreements had to be signed by us when they were under 18.

    Wendy :)

    #1114605
    BrettM33
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    Couple It, post: 128562 wrote:
    I don’t believe that anyone under 18 can enter into a contract on their own. From my experience I know that my sons couldn’t get a phone plan (it had to be in my name) and even their apprenticeship agreements had to be signed by us when they were under 18.

    Wendy :)

    Thanks Wendy!

    Yeah, just wondering cause I guess it’s a website agreement that doesn’t need to be signed or anything and most sites have the “Check this box to agree to our terms” thing and generally don’t mention age.

    #1114606
    tonyk
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    I am guessing it would be the same age as for most things, 18 and over.

    #1114607
    Divert To Mobile
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    Generally its 18 but in some circumstances not.

    law society

    #1114608
    JacquiPryor
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    My understanding is that in your case – being providing Condor Creative’s services – it would be 18 to enforce the contract. There are some provisions in law that allow persons under the age of 18 to enter into valid & legally binding contracts, but, generally speaking this doesn’t apply to goods/services that are not considered necessities (food, clothing, housing etc). (For the state of WA – you can see more about contracts at http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/Contracts_info_you_need_to_know.pdf)

    In some cases though, if a ‘minor’ entered into an agreement with you – let’s say for web development services and paid for those services ‘upfront’ – then any monies paid would not necessarily have to be returned to them so long as they have gotten their end of the deal.. but, if monies were outstanding still then they may not have to (or be forced to) pay up on those outstandings if they are a minor.

    #1114609
    BrettM33
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    Sounds like 18 is the safe age to stick to :)

    JacquiPryor, post: 128589 wrote:
    My understanding is that in your case – being providing Condor Creative’s services – it would be 18 to enforce the contract. There are some provisions in law that allow persons under the age of 18 to enter into valid & legally binding contracts, but, generally speaking this doesn’t apply to goods/services that are not considered necessities (food, clothing, housing etc). (For the state of WA – you can see more about contracts at http://www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/Contracts_info_you_need_to_know.pdf)

    In some cases though, if a ‘minor’ entered into an agreement with you – let’s say for web development services and paid for those services ‘upfront’ – then any monies paid would not necessarily have to be returned to them so long as they have gotten their end of the deal.. but, if monies were outstanding still then they may not have to (or be forced to) pay up on those outstandings if they are a minor.

    Hi Jacqui,

    Sorry for the misunderstanding, this was not a question for Condor, this was a question for my other project whereas we will have users registering to the site and they will need to agree to a “User Agreement” to register.

    #1114610
    JacquiPryor
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    this was a question for my other project whereas we will have users registering to the site and they will need to agree to a “User Agreement” to register.

    Unless they are agreeing to ‘something’ that is deemed a necessary item – such as the food, clothing, housing example – then, yes I’d stick with 18 to be safe. (Sorry for the confusion – I suspected it wasn’t actually for Condor Creative services – just using those as an example :))

    #1114611
    BrettM33
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    JacquiPryor, post: 128782 wrote:
    Unless they are agreeing to ‘something’ that is deemed a necessary item – such as the food, clothing, housing example – then, yes I’d stick with 18 to be safe. (Sorry for the confusion – I suspected it wasn’t actually for Condor Creative services – just using those as an example :))

    Alright cool! Think we’ll stick with 18 then :)

    #1114612
    Kennethti
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    Ah hah, but if a minor who is disentitled into entering into contractual relations by virtue of their age, walks into a candy store and presents money for a chocolate confectionary of some sort, will that transaction be null and void due to the minor’s inability to comprehend their contractual obligations?!

    #1114613
    Kennethti
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