1. Voidable Contracts: Contracts entered into by minors are generally voidable at the minor's option. This means the minor can choose to either enforce the contract or rescind (cancel) it. If the minor chooses to rescind, the doctrine of restitution comes into play. The minor must return any benefits received under the contract, but only to the extent they are still in their possession or can be restored. The adult party is also required to return any benefits received from the minor. If the minor has consumed or dissipated the benefits, they may still be required to return an equivalent value if they received significant benefit (courts are less strict if the minor acted in good faith).
2. Necessaries: An exception to the general rule of voidable contracts lies with "necessaries." Necessaries are goods or services essential for the minor's well-being, such as food, clothing, shelter, and medical care. Minors are generally liable for the reasonable value of necessaries provided to them, even if they don't explicitly agree to pay. Restitution in this context involves the minor paying a fair price for the necessaries received, not necessarily the contract price if it's considered unreasonable. The determination of what constitutes a "necessary" can vary depending on the minor's lifestyle and circumstances.
3. Misrepresentation of Age: If a minor fraudulently misrepresents their age to induce an adult into a contract, some jurisdictions allow the adult to rescind the contract and claim restitution. However, this is not universally applied. The courts generally prefer to protect the minor unless there was truly egregious conduct demonstrating a level of maturity beyond their years. Even with misrepresentation, the adult's ability to recover may be limited depending on the specific laws and facts.
4. Unjust Enrichment: Even without a formal contract, a minor can be subject to restitutionary claims if they have been unjustly enriched at the expense of another. For example, if a minor receives a significant monetary gift by mistake, they may be required to return it. This principle emphasizes fairness and prevents unfair gains at another's loss. However, it would be exceptional to impose restitution based solely on unjust enrichment against minors in most cases.
5. Tort Claims: While not directly related to contracts, minors can be held liable for torts (civil wrongs). If a minor commits a tort causing harm to another, they may be required to make restitution for the damages caused. The amount of restitution will depend on the severity of the harm and the minor's ability to pay. Courts generally consider the minor's age and maturity when determining their liability.
In summary: Restitution concerning minors is about achieving a fair outcome, balancing the protection of minors' vulnerability with the need to prevent unjust enrichment. The application of restitution principles varies considerably depending on the legal jurisdiction and the specific facts of each case. It's essential to seek legal advice to determine the applicable laws and potential outcomes in any specific situation involving a minor and restitution.