What is the case about?
In De Francesco v Barnum (1890), the court examined a contract involving a minor to see if it was fair and in her best interest. Generally, contracts for employment, education, or training are only enforceable if they benefit the minor significantly. This was supported by a similar case, Roberts v Gray [1913], where an employment contract was upheld because it favoured the minor.
However, in De Francesco v Barnum, a 14-year-old girl had entered into a seven-year apprenticeship with a dance instructor to learn stage dancing. Despite the apparent benefit of training, the court scrutinized the terms of the contract and found them to be unbalanced and unfair, ultimately rendering the contract unenforceable.
Key factors in the case (De Francesco v Barnum)
1. Restrictions on Personal Freedom: The minor was prohibited from marrying during her apprenticeship and from accepting any professional engagements without the instructor’s approval, effectively limiting her autonomy.
2. Lack of Obligation on the Instructor’s Part: The instructor was not required to maintain or even provide work for the minor.
3. Low Pay and Unilateral Termination Rights: The apprenticeship contract set very low pay scales and allowed the instructor to terminate the agreement without notice. These terms were seen as overwhelmingly advantageous to the instructor, rather than the minor.
The court held that these provisions, collectively, made the contract detrimental rather than beneficial to the minor, and thus it was unenforceable. When the girl tried to accept other work, the instructor’s attempt to prevent her from doing so failed. The court found the contract was not truly for her benefit and declared it unenforceable.
Conclusion
In general, the law allows minors to enter employment contracts, assuming they might need to support themselves. But the contract will only be binding if it is mostly beneficial to the minor (beneficial contracts of service). If the contract is largely unfavourable, the court can make it invalid to protect the minor’s rights.
References:
- https://www.serbest.av.tr/dosyalar/dosya_14394_Capacity.pdf
- http://ndl.ethernet.edu.et/bitstream/123456789/13577/1/15.pdf
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