Minors Contracts Act 1988

Tasmanian Crest
Minors Contracts Act 1988

An Act to provide that in certain cases contracts made by minors are enforceable against guarantors

[Royal Assent 29 September 1988]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Minors Contracts Act 1988 .

2.   Commencement

This Act shall commence on the day on which it receives the Royal Assent.

3.   Interpretation

In this Act, unless the contrary intention appears –
minor means a person under 18 years of age;
relevant date means the date on which a minor enters into a contract.

4.   Enforceability of minors contracts against guarantors in certain cases

(1)  Where a person, other than a minor, guarantees the performance by a minor of his obligations under any contract, the guarantee is enforceable against the guarantor to the same extent as if the minor had not been a minor at the relevant date.
(2)  This section does not operate to render a guarantee enforceable if it would, apart from this section, be unenforceable otherwise than by reasons of the minority of the person whose obligations are guaranteed.

5.   Repeals

The Infants' Relief Act 1875 is repealed.