Minors and the exclusion of liability for negligence

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Abstract

Are minors bound by contractual waivers excluding liability for negligently inflicted personal injury? As a result of changes to Australian law, the use of waivers and indemnities, seeking to shield recreational services providers and others from their liabilities for negligence in contract or tort, will become increasingly widespread. This article addresses the question of whether minors can be bound by contractual waivers or indemnities. Given the contractual incapacity of minors, such waivers are (most likely) unenforceable against minors, as are (more arguably) indemnity agreements obtained against their parents. Hence, minors injured as a result of the service providers’ negligence can continue to seek legal redress for damages suffered.
Original languageEnglish
Pages (from-to)87-103
JournalTorts Law Journal
Volume15
Issue number1
Publication statusPublished - 2007
Externally publishedYes

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