Chapter 2 Notes - Parents and Child

1. Child is responsible for his or her torts, but not for punitive damges unless he/she knew what she was doing was wrong. FC 6500 to 6602.

Daniels v. Evans, 224 A. 2d 63 (1966)

2. Facts: P. is the father of a deceased 19 Yr old youth who was riding
a motorcycle when he collided with D.'s automobile.

3. Procedural Posture: Trial court found for P., and D. appealed,
contending that the standard of care required by the 19 Yr old
motorcycle driver should have been that required of the ordinary adult,
and not that of the average 19 Yr old.

4. Judge's Rule: When a minor drives an automobile or similar power
driven device, he is held to the standard of care of the ordinary adult.

5. Classical Holding: When a minor drives an automobile, he assumes
liability for damages resulting from his negligence as measured by the
standard of care of the ordinary adult in the same circumstances.

6. Reasoning: An automobile is such a potentially dangerous thing that
to hold minors to a lesser standard of care would be at risk to the
general welfare. Driving an auto requires a great amount more care than
most activities undertaken by children, and so should not be judged
according to the standard of care that would apply to those less
dangerous activities.

Notes: 1. In Goss v. Allen, the supreme court held that a 17 Yr old
skier should be held to a youth standard for negligence, distinguishing
on the basis that skiing required no license. The dissent stated that
there are many potentially dangerous activities that are not licensed
which result in severe injuries. 2. There is some argument for a double-
standard of conduct - a higher one for defendants and a more relaxed one
for plaintiffs. However, cases have generally moved towards a single
uniform standard.

Parental Liability
"Weisbart v. Flohr, 67 Cal. Rptr., 114, 260 Cal. App. 2. 281 (1968)

Contracts

A minor can disaffirm a contract under FC 6710.
MINORS
In most states, the age of majority for contractual purposes is eighteen. A minor can enter into any contract that an adult can enter into, as long as it is not prohibited by law for minors (for example, the sale of alcoholic beverages).

A. MINOR'S RIGHT TO DISAFFIRM
A minor can disaffirm (renounce) a contract and set aside all legal obligations arising from it. (An adult who enters into a contract with a minor, however, cannot avoid his or her contractual duties on the ground that the minor can do so.)

1. Disaffirmance in General
To avoid a contract, a minor need only manifest an intent not to be bound by it. This intent may be expressed by words or conduct.

a. Time of Disaffirmance
A contract can ordinarily be disaffirmed at any time during minority or for a reasonable time after a minor comes of age.

b. Contracts That Cannot Be Disaffirmed

1) Partial Contract
A minor must disaffirm an entire contract (not merely part).

2) Disaffirmance Prohibited by Statute
In most states, a minor can disaffirm a contract for a sale of land only after attaining majority. Other statutes prohibit minors from avoiding contracts for student loans, medical care, insurance, or made pursuant to running a business.

3) Contracts Enforced by Public Policy
Some promises may be enforced, especially when they involve something that the law would compel anyway, such as financial support of an illegitimate child.

4) Contracts That Have Been Ratified
A minor who fails to disaffirm a contract within a reasonable time after reaching majority is bound-the contract is ratified.

2. Minor's Obligations on Disaffirmance
A minor cannot disaffirm a fully executed contract without returning whatever goods have been received or paying their reasonable value.

a. What the Adult Recovers

1) In Most States
If the goods (or other consideration) are in the minor's control, the minor must return them (without added compensation).

2) In a Growing Number of States
If the goods have been used, damaged, or ruined, the adult must be restored to the position he or she held before the contract.

b. What the Minor Recovers
All property that a minor has transferred to an adult as consideration, even if it is in the hands of a third party. If the property cannot be returned, the adult must pay the minor its value.

Medical Treatment

The parent of a child may consent and authorize medical care and dental care for the minor. FC 6550.
A Minor under certain circumstances may be allowed to consent to medical and dental care. FC 6920
including outpatient mental health treatment. FC 6924.

Connecticut Woman convicted in son's suicide.

Emancipation of Minors

FC 7000-7143 deals with emancipation of minors.

Rules to follow - Emancipation Pamphlet - Court Forms

Paternity Action

see the Codes in this matter.

Termination of Parental Rights
see FC 7660 of the Uniform Parentage Act

Adoption

See FC 8500 - 9340. Procedures in a California Adoption.

Custody and Visitation

Questions (see Family Law Code - click here)

1. a baby reaches up and "slugs" the babysitter. is the infant responsible for the tort of "battery"? why or why not. responsible for the tort of "negligence", why or why not? (click here)

2. child is at a restaurant and while playing with a "lazy suzan", spins it around, and a hot tea pot flies off and scalds another boy at the table. is the parent of the boy responsible for those injuries? what facts would make the parent responsible. (see Weisbart v. Florh, 67 Cal. Rptr. 114 - page 37 textbook)

3. a Minor who is 17 enters into a contract or lease of an apartment. At the age of 18, the minor decides to move out, can the minor now an adult, disaffirm the contact. why or why not? (see FC 6712)

4. a Minor enters into a contract to perform "professional sports" - can the employer pay the minor directly, why or why not? refer to FC 6750. is the minor required to put the money in a savings or trust account?

5. a 12 year old has taken some LSD given to him by a friend, he is now "freaking out", and goes to a psychiatric "outpatient clinic" for help. May that minor consent to his/her treatment, or is the parent required to consent. see FC 6924.

6. a girl, age 16, marries her boyfriend, she decides to abort her unborn child, can she enter into a contract with the hospital for an "abortion" without the consent of her parents. see FC 7000, et. seq. - suppose she is 14 years old, any difference in the result?

7. Jose is married to Maria in 1988, and they are living together. However, Maria, has an extramarital affair with Santos, and then becomes pregnant, and has his child. Now it is 1991, and Jose wants to use a blood test to show that he is "not the parent" - can he now? - see FC 7541. Who is the the "presumed father" of the child as a "matter of law". see FC 7540 - see also Brian C. v. Ginger K. 77 Cal. App. 4th 1198 (2000) - re constitutional due process

8. a boyfriend agrees to have his girlfriend place his name as "father" on the birth certificate - what kind of presumption is created? see FC 7611 -

9. Jose and Maria, have a child, Maria says that Jose is not the father (in fact he is), Maria now lives with Manuel, and he agrees in writing to pay for support of Maria and Jose's child. May the natural father Jose bring a paternity action? if not, when can he first bring the action? suppose that Maria wants to put the child up for adoption does that change the rule. see FC 7631 - see page 48 of textbook

10. a minor child is adopted by Jose - the minor is now in need of substantial medical treatment to save his/her life, and Jose cannot afford to pay. can the minor child go back to its original father, and seek court order to have the natural father pay for medical expenses. see page 55 textbook

11. Maria has child custody over Emily. The natural father fails to pay child support for over a year, but does send a birthday card (i.e. with no child support). Can Maria put the child up for adoption, without the consent of the absentee father? see FC 8604. page 56 textbook.