The Freedom of Contract Connection with Laissez Faire Approach on Children’s Liberties

The Freedom of Contract Connection with Laissez Faire Approach on Children’s Liberties

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“Minors make a great deal of contributions to the marketplace.” By binding a child who is of 15 years of age to a contract can potentially create a detriment for the minor, Due to society’s trends the viral increase in use of Facebook has become one of the greatest means of communication for minors and young adults. The information era has created a revolution between minors and social-networking websites many issues have been brought to the attention of the legal system of New South Wales. Through ease of accessibility many adolescents create a Facebook profile within seconds, not realising the probable future burdens which could be placed on them. While a young person lacks the mental capacity it is led for them to believe creating a profile is just harmless fun they do not entirely realise that it could potentially impend grief and disadvantages on them which are caused by simply just clicking agree to the terms and conditions of the clickwrap signup service. This formulates issues of; whether a child has the capacity and understanding to fully grasp the idea of the terms of services provided, the notion of freedom of contract and the effect of clickwrap signup services towards young people. These issues lurk around the idea and attributes of a binding contract which has often been criticised by a fair number of professionals.
Capacity and understanding of minors’ within contract law
A minors’ capacity to thoroughly understand and evaluate the elements to the terms and conditions set within a contract has been questioned in the recent years when the technological development of society was continually improving. Continual dependency humans have in relation to technology and e-communication social networking software has vastly...


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... 1
Mohribibi v. DharamdasGhosh [1903] L.R. 30 I.A. 114
Bowling v. Sperry 133 Ind.App. 692, 184 N.E.2d 901 (1962)
Roberts v Gray [1913] KB 520
Fawcett v Smethurst (1914) 84 LIKB 473

C Legislation
Family Law Act 1975 (Cth)
Minors (Property & Contracts) Act 1970 (NSW) s 18
Privacy and Personal Information Protection Act 1998 (NSW) s 8(2), 19(1) & 19(2)
Supreme Court Act 1986 (SA) s 49, 50 & 51
Goods Act 1958 (VIC) s 7
Mental Capacity Act 2005 (UK) s 5
Family Law Reform Act 1969(UK)s 1(2)
Minors’ Contract Act 1969(NZ)

D Treaties
Omitted

E Other
Contracts - NSW Fair Trading (2014), Contracts - NSW Fair Trading,Viewed 24 March 2014,

Contracts - NSW Fair Trading (2014), Contracts - NSW Fair Trading, Viewed 24 March 2014

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