What You Should Know About Minors

A minor is any person who is not an adult. A minor is a person who is under the age of eighteen years, which is the age at which a person attains adulthood. The word “minor” includes infants, children, and young person who have not attained adulthood-In Nigeria, adulthood is 18 years. Therefore a minor is any one who is under 18 years. As a general rule, minority is not a defence in tort.

At common law, or the general rules of law, a child is under general incapacity to exercise all the rights of an adult, or perform Civic duties, such as voting in an election or holding public offices or private office; or perform the duties incidental to them due infancy. A child also lack the legal capacity to give valid consent and carry out any legally effective act, As a general rule, the capacity or rights to act on behalf of the child’s where necessary is usually vested on the child parent or guardian. A parent or guardian also gives consent for medical care of infants and young persons.

Generally, Minor can only sue for tort through his “next friend” that is his parents, nearest adult relative or guardian, and also be sued in tort, and defend himself through a “guardian and item” who is usually a parent, relative or person in loco parentis who is expected to guide and watch his interests.

As a general rule, minority is not a defence in tort, however, minority, infancy or youthfulness is a defence, where the presence of a mental element, such as malice is needed to establish a tort, minority is also relevant in considering the standard of care to be expected of a young person. Furthermore, a minor cannot be said in tort, if it would be an indirect way of enforcing an invalid contract, or a contract that is not necessities of life of the minor.

Comparatively in criminal law, a young person under ten years is usually conclusively presumed to be inculpable of crime. For those between the ages of ten to fourteen years this presumption of law may be rebuffed by evidence showing that the child knew that what he was doing was wrong. Those above fourteen years are presumed to be responsible for their conducts. However, there are limitations on the type of penalty that may be imposed on convicted minors.

As a general rule, a minor is liable for his tort, exccept in a limited number of instances. For instance, a minor is not liable where the tort alleged, requires a mental ingredients. The age of the minor if he is very young may show an inability to form the necessary guilty or mental intent. Thus in cases of negligence, a young child cannot be expected to show the same standard of care as an old person. In other instances, a minor is generally liable for his own willful, negligent or wrongful act. A minor is personally liable. For this reason, in criminal proceedings, a minor who is found guilty may be sent for instance to a  borstal or welfare home for the necessary education, counseling, correction and proper formation of his character.

As a general rule, a parent is not liable for the torts of his minor merely because he is the parent of the concerned child. As a result damages will not be chargeable to the parents for the reason only of being the parent or guardian.

However, a parent may be liable only where he has authorised, commissioned, abetted, counseled, encourage, or odered a tort, in which case the parent could incur vicarious liability thus, the minor may be sued jointly with the parent, guardian or other person in loco parentis of the minor for the payment of the damages.

The general rule of law is that a minor can sue other persons and may also be sued by other persons in any area of law. However, a minor must sue through an adult as “next-friend” in civil litigations, a minor serves through a “next- friend “ that is an adult who is usually liable for their costs if any that may be awarded against the minor, though they may arrange for indemnity between themselves. A minor defends civil suits through a “guardi at ad liem” who is liable for costs. A minors father or mother if he has any, usually serves as “next friend” or “guardian ad litem” therefore, a minor can sue for a tort through his “next friend” that is, his nearest adult relative, and also be sued in tort and defend himself by the same person.