REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.1403 Nonage as defense.
Sec. 1403.
Whenever, in a suit brought for the recovery of goods, wares, merchandise or chattels, or for the value thereof, or for the balance remaining due thereon, or upon a note or promise for the recovery of a loan of money, against a person who pleads as a defense that he was under age of 18 years at the time of purchase or loan thereof, the defense shall not be available, nor shall the person upon attaining majority be permitted to disaffirm the contract of purchase or loan thereof, nor recover any money paid thereon, if:
(1) It appears upon the trial that the person against whom the action is brought wilfully represented his age to be over 18 years to the seller or his assignee of the goods, wares, merchandise or chattels for the purpose of securing them, or securing the loan of money, knowing it to be false and that the seller had no actual knowledge of the actual age of such minor.
(2) The representation was made in writing in a separate instrument containing only the statement of age, date of signing and the signature, or the representation is admitted in open court.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1972, Act 87, Imd. Eff. Mar. 20, 1972
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2005–2021 · leading case:
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 4× “[21] It also notes a statutory exception, MCL 600.1403, that provides that an infancy defense will not be recognized for breach of contract if a minor willfully misrepresented his or her age when entering into a contract.”
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005).
· cites it 2× “206(d) ("without actual knowledge of such breach"); MCL 600.1403(1) ("the seller had no actual knowledge of the actual age"); MCL 600.”
I. C. v. StockX, LLC, 19 F.4th 873 (6th Cir. 2021).
“See Mich. Comp. Laws § 600.1403 . Thus, while a minor may generally disaffirm a contract under Michigan law, that contract is “certainly not a nullity.”
People v. Woolfolk, 848 N.W.2d 169 (Mich. Ct. App. 2014).
“103 (marriage eligibility); MCL 600.1403(2) (minor’s ability to void a contract not available if minor represented with written document that he or she had reached the age of majority).”
— Mich. Comp. Laws § 600.1403(1) — 1 case
Echelon Homes, LLC v. Carter Lumber Co., 694 N.W.2d 544 (Mich. 2005).
“206(d) ("without actual knowledge of such breach"); MCL 600.1403(1) ("the seller had no actual knowledge of the actual age"); MCL 600.”
— Mich. Comp. Laws § 600.1403(2) — 1 case
People v. Woolfolk, 848 N.W.2d 169 (Mich. Ct. App. 2014).
“103 (marriage eligibility); MCL 600.1403(2) (minor’s ability to void a contract not available if minor represented with written document that he or she had reached the age of majority).”
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