REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.1404 Educational loans; definitions; minors, enforceability.
Sec. 1404.
(1) As used in this section:
(a) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(b) "Educational institution" means a university, college, community college, junior college, high school or technical, vocational or professional school, wherever located, approved or accredited by the state department of education for the purposes of this section, or by the appropriate official, department or agency of the state in which the institution is located.
(c) "Educational loan" means a loan or other aid or assistance for the purpose of furthering the obligor's education at an educational institution.
(2) Any written obligation signed by a minor 18 or more years of age in consideration of an educational loan received by him from any person is enforceable as if he were an adult at the time of execution if prior to the making of the educational loan, an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution.
History: Add. 1970, Act 107, Imd. Eff. July 23, 1970
Notes of Decisions
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 4× “5127(1) (consent to medical care for a minor infected with venereal disease or HIV); MCL 333.6121(1) (consent to substance abuse related medical care); MCL 333.”
Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009).
· cites it 2× “[14] Rowland interpreted the notice provision of MCL 600.1404(1); thus, the cases involved different statutory provisions altogether.”
Pack v. Damon Corp., 320 F. Supp. 2d 545 (E.D. Mich. 2004).
· cites it 2× “(1) A promise shall be construed to have been made for the benefit of a person whenever the promisor of said promise had undertaken to give or to do or refrain from doing something directly to or for said person.”
Kline v. Dep't of Transp., 809 N.W.2d 392 (Mich. Ct. App. 2011).
“In Rowland v Washtenaw Co Rd Comm, 477 Mich 197, 219; 731 NW2d 41 (2007), the Michigan Supreme Court, in a case involving the notice provisions applicable to the highway exception to governmental immunity, MCL 600.”
Brian Potter v. Richard C McLeary Md (Mich. 2009).
“Likewise, Justice Markman is incorrect in claiming that the Court failed to enforce Thornton v Allstate Ins Co15 and Putkamer v Transamerica Ins Corp of America16 in Scott v State Farm Mut Auto Ins Co.”
— Mich. Comp. Laws § 600.1404(1) — 3 cases
Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009).
“[14] Rowland interpreted the notice provision of MCL 600.1404(1); thus, the cases involved different statutory provisions altogether.”
Pack v. Damon Corp., 320 F. Supp. 2d 545 (E.D. Mich. 2004).
“(1) A promise shall be construed to have been made for the benefit of a person whenever the promisor of said promise had undertaken to give or to do or refrain from doing something directly to or for said person.”
Brian Potter v. Richard C McLeary Md (Mich. 2009).
“Likewise, Justice Markman is incorrect in claiming that the Court failed to enforce Thornton v Allstate Ins Co15 and Putkamer v Transamerica Ins Corp of America16 in Scott v State Farm Mut Auto Ins Co.”
— Mich. Comp. Laws § 600.1404(2) — 1 case
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“5127(1) (consent to medical care for a minor infected with venereal disease or HIV); MCL 333.6121(1) (consent to substance abuse related medical care); MCL 333.”
— Mich. Comp. Laws § 600.1404(l)(a) — 1 case
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