Inventory Control Corporation (ICC) hires Jim, a minor, to create customized software for ICC's clients. Jim signs a contract that requires him to work for ICC for eighteen months. Before beginning work, Jim tells ICC that he will not work for ICC but is going to work for Kwik Kounts, Inc., an ICC competitor. Is ICC's contract with Jim enforceable? Why or why not?
What will be an ideal response?
The contract is not enforceable. Jim is a minor and a contract entered by him is thus voidable by him. In other words, Jim had the option to disaffirm the contract. A contract entered into by a minor can be disaffirmed at any time during minority, or for a reasonable time after the minor comes of age. Jim's announcement that he would not be bound by the contract was sufficient to disaffirm it. Jim had not received anything under the contract, so there is nothing to return under a duty of restitution. Also, there is no significance to Jim's agreeing to work for Kwik, ICC's competitor.
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