Frequently Asked Questions

Q: Can employment contracts benefit a child?

In contrast to the ‘supply of necessities’, the courts tend to construe the concept of ‘benefit’ more narrowly, as a consequence, when assessing whether the contract is beneficial to the child, a balance between the advantages and disadvantages of the contract will generally be looked at. Furthermore, the contract will be looked at as a whole and the circumstances surrounding each individual case will also be looked at to see if the contract is a benefit to the minor.

Although, a contract of employment may be considered as benefitting a child if either it provides a means for self-support, or provides a means for gaining instruction or education, thus, allowing the child to earn a living via a trade or profession may be some of the relevant factors. 



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