Dealing with minors is always a risk because they have the legal right to void or cancel some contracts and not be held liable for others. The greatest cause for concern is what happens if the youth is involved in a car accident.

In Illinois, if a car is lent to someone, who may not be competent to operate it, and he or she causes an accident, there is a theory of law under which the lender can be liable for damages that arise. The theory is called "negligent entrustment of a vehicle."

In a 1984 case that made it all the way to the Supreme Court of Illinois, a father sold his car to his 23-year-old son. Later, the son was involved in an accident that killed his passenger. The passenger's parents sued the father under the theory of "negligent entrustment of a vehicle."

In court, the passenger's parents argued that because the son had three DUI convictions and did not have a driver's license, the father was negligent in entrusting the car to his son. The court, however, ruled in favor of the father, holding that the theory of "negligent entrustment" did not apply to the sale of an automobile.

In another Illinois case in 1991, an Illinois Appellate Court panel held that the theory of negligent entrustment could apply to the sale of an automobile. In that case, the buyer was 15 years old and did not have a driver's license. The court held that, since the buyer was a minor and did not have a driver's license, the seller (a car dealer) had reason to believe that the buyer was incompetent to drive.

Minor's Rights

An emancipated minor has the right to enter into contracts, but the seller has the burden to determine if the minor is legally emancipated. The Emancipation of Mature Minors Act governs emancipation of minors in Illinois. The act states that the purpose of emancipation is to "provide a means by which a mature minor who has demonstrated the ability and capacity to manage his/her own affairs and to live wholly or partially independent of his/her parents or guardian, [to] obtain the legal status of an emancipated person with the power to enter into valid legal contracts." A "mature minor" is defined as someone who is at least 16 years old but under the age 18.

The act further states that no order of complete or partial emancipation can be entered if there is any objection by the minor or his/her parents or guardian. Emancipation is also not absolute. A court may enter what is called a "partial" emancipation that may limit the emancipated child's rights to enter into certain legal contracts. The court can also terminate or modify its emancipation order any time before the child reaches the age of 18.

Finally, an emancipated minor does not have rights that are inconsistent with other specific age requirements of state and federal law. For example, even if a 16-year-old is emancipated, he/she will still have to wait until they are age 18 to vote.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.