Minor's Ratification of Voidable Contract.

A minor can not avoid a contract after it has been ratified. The ratifi­cation can not be canceled or set aside.

(a) What Constitutes Ratification. Ratification consists of any words or conduct of the minor manifesting an intent to be bound by the terms of the contract

FACTS:

While still a minor, Jones made a con­tract with Free Flight Sport Aviation which enti­tled Jones to use Free Flight's sky diving facilities. The contract contained a provision ex­empting Free Flight from liability for any harm or injury to Jones. Jones attained his majority in December 1973. In October 1974 he made use of the privileges provided by the contract but was injured because of the alleged negligence of the pilot of the plane furnished by Free Flight. He sued the owner and operator of the plane and Free Flight. Free Flight raised the defense that the contract shielded it from liability. Jones denied this on the ground that he was a minor when the contract was made and he avoided the contract.

DECISION:

Judgment for Free Flight. When Jones used the facilities in October 1974 he was an adult. His use of the facilities was a ratification oЈ the contract that he had made when a minor. He therefore could not evade the clause of the contract limiting liability, by saying that he avoided the entire contract. [Jones v Dressel, ___ Colo ___, 623 P2d 370 (1981)]

The making of payments after attaining majority may constitute a ratification. Many courts, however, refuse to recognize payment as ratifi­cation in the absence of further evidence of an intent to ratify, an express statement of ratification, or an appreciation by the minor that such payment might constitute a ratification.

An acknowledgment by the minor that a contract had been made during minority, without an intent to be bound thereby, is not a ratification.

(b) Form of Ratification. Generally no special form is required for ratification of a minor's voidable contract, although in some states a written ratification or declaration of intention is required.

(c) Time for Ratification. A minor can avoid a contract any time during minority and for a reasonable time thereafter but, of necessity, can only ratify a contract after attaining majority. The minor must have attained majority or the "ratification" would itself be regarded as voidable |ones as an ation linor. If the at he essel.

Contracts That Minors Cannot Avoid.

Statutes in many states deprive a minor of the right to avoid an education loan,4 a contract for medical care, a contract made while running a business, a contract approved by a court, a contract made in performance of a legal duty, or relating to bank accounts, insurance policies, or corpo­rate stock. In most states, the contract of a veteran, although a minor, is binding, particularly one for the purchase of a home. In some states, by court decision, a minor who is nearly an adult or who appears to he an adult can­not avoid a contract, particularly when it is made in connection with a busi­ness or employment.

Some courts take an intermediate position with respect to employ­ment contracts by allowing the minor to avoid the contract but prohibiting the use of any secret information obtained in the course of the employment or from competing with the former employer when the avoided contract con­tained a noncompetitive clause. Jt is also held that when a minor has settled a claim and received the amount specified in a release, the release is binding upon the minor and cannot be set aside when the minot attains majority.

As an exception to the right to disaffirm a contract during minority, a minor cannot fully avoid a conveyance for the transfer of land until major­ity is attained.