Kansas Statutes Annotated
K.S.A. § 38-102 (2026)
Minor bound by contracts, when
✓ current as of May 2026
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38-102. Minor bound by contracts, when. Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bound not only by contracts for necessaries, but also by the minor's other contracts, unless the minor disaffirms them within a reasonable time after the minor attains the minor's majority and restores to the other party all money or property received by the minor by virtue of the contract and remaining within the minor's control at any time after the minor attaining the minor's majority.
History: G.S. 1868, ch. 67, § 2; R.S. 1923, 38-102; L. 2000, ch. 174, § 9; July 1.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1969–2021 · leading case: Guillan v. Watts, 822 P.2d 582 (Kan. 1991).
Guillan v. Watts, 822 P.2d 582 (Kan. 1991). “Because K.S.A. 38-102 allows a minor to disavow a contract within a reasonable time after reaching majority, settlement was reduced to judgment with court approval to make the settlement binding.”
Dunn v. Dunn, 281 P.3d 540 (Kan. Ct. App. 2012). “Kathleen declared bankruptcy, and Ronald disclosed that he was age 17 at the time of the purchase and disaffirmed the purchase contract pursuant to K.S.A. 38-102 (Weeks). The bank sued Wild West and, after a trial to the court, obtained a judgment against Wild West for breach of…”
White v. Allied Mut. Ins., 31 P.3d 328 (Kan. Ct. App. 2001). “2d 302 (1988) (“Because a minor can disavow a contract within a reasonable time after reaching majority [under K.S.A. 38-102], it is necessary to reduce a minor s settlement to judgment with court approval to make it binding.”
Childs Ex Rel. Harvey v. Williams, 757 P.2d 302 (Kan. 1988). “See K.S.A. 38-102; Railway Co. v. Lasca, 79 Kan.”
Wilson v. Knight, 982 P.2d 400 (Kan. Ct. App. 1999). “See K.S.A. 38-102; State v. Weatherwax, 12 Kan.”
Guillan v. Watts, 808 P.2d 889 (Kan. Ct. App. 1991). “2d 302 (1988), the minor plaintiff settled with one defendant and, pursuant to K.S.A. 38-102, settlement was reduced to judgment with court approval.”
State v. Bishop, 240 P.3d 614 (Kan. Ct. App. 2010). “38-101, K.S.A. 38-102, and K.S.A. 38-103. These statutes provide generally, and with a few exceptions not applicable here, that contracts are enforceable against minors but voidable if the minor disaffirms the contract as provided by the statutes.”
Robinson v. Food Serv. of Belton, Inc., 415 F. Supp. 2d 1227 (D. Kan. 2005). “Moreover, while a minor's contract is generally "voidable” at the instance of the minor, see K.S.A. § 38-102, the court does not believe that the Kansas Supreme Court, if faced with the issue, would permit these plaintiffs to disaffirm their employment contracts when those…”
Employers Mut. Cas. Co. v. Miner, 6 F. Supp. 2d 1232 (D. Kan. 1998). “2d 302 (1988) (interpreting K.S.A. 38-102) (settlement involving minors must be reduced to judgment and approved by the court to be binding).”
Dickson v. Hoffman, 305 F. Supp. 1040 (D. Kan. 1969). “” K.S.A. 38-102. Public policy of Kansas established by statute and by court decisions requires that this Court sustain the plaintiff’s right to disaffirm.”
Hartford Life & Accident Ins. Co. v. Nebergall (D. Kan. 2021). “8 K.S.A. § 38-102; Childs ex rel. Harvey v.”
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