§ 13-3-3. When Written Acceptance of Offer Made by Letter Takes Effect; Acceptance of Offer Containing Alternative Propositions
If an offer is made by letter, an acceptance by written reply takes effect from the time it is sent and not from the time it is received; hence, withdrawal of the offer by the offeror after that time is ineffective. If an offer contains alternative propositions, the party receiving the offer may elect between […]
§ 13-3-4. Effect of Conditions Precedent or Subsequent Upon Rights of Parties Under Contracts
Conditions may be precedent or subsequent. A condition precedent must be performed before the contract becomes absolute and obligatory upon the other party. The breach of a condition subsequent may destroy the party’s rights under the contract or may give a right to damages to the other party, according to a true construction of the […]
§ 13-3-5. Effect of Impossible, Immoral, and Illegal Conditions
Impossible, immoral, and illegal conditions are void and are binding upon no one. History. Orig. Code 1863, § 2685; Code 1868, § 2681; Code 1873, § 2723; Code 1882, § 2723; Civil Code 1895, § 3640; Civil Code 1910, § 4225; Code 1933, § 20-111. Law reviews. For article discussing the anachronistic nature of the […]
§ 13-3-20. Minors — Contracts for Property or Valuable Consideration; Contracts for Necessaries
Generally the contract of a minor is voidable. If in a contractual transaction a minor receives property or other valuable consideration and, after arrival at the age of 18, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, the minor shall have thereby ratified or affirmed the contract […]
§ 13-3-21. Minors — Contracts Relating to Practice of Profession, Trade, or Business
If a minor, by permission of his parent or guardian or by permission of law, practices any profession or trade or engages in any business as an adult, he shall be bound for all contracts connected with such profession, trade, or business. History. Orig. Code 1863, § 2695; Code 1868, § 2691; Code 1873, § […]
§ 13-3-22. Minors — Marriage Contracts and Settlements
Marriage contracts and settlements made by persons who are minors but of lawful age to marry are binding as if made by adults. History. Orig. Code 1863, § 2696; Code 1868, § 2692; Code 1873, § 2734; Code 1882, § 2734; Civil Code 1895, § 3651; Civil Code 1910, § 4236; Code 1933, § 20-204. […]
§ 13-3-23. Minors — Contracts, Promissory Notes, Written Obligation, or Other Evidence, for Loans From Trust Funds for Educational Purposes
Any contract, promissory note, written obligation, or other evidence of indebtedness made and executed by a minor for a loan from any trust fund for educational purposes to any educational institution shall be as valid and binding as if said minor were sui juris at the time of making such contract or other obligation and […]
§ 13-3-24. Insane, Mentally Ill, Intellectually Disabled, or Mentally Incompetent Persons
The contract of an insane, a mentally ill, an intellectually disabled, or a mentally incompetent person who has never been adjudicated to be insane, mentally ill, intellectually disabled, or mentally incompetent to the extent that he is incapable of managing his estate as prescribed by this Code is not absolutely void but only voidable, except […]
§ 13-3-25. Intoxicated Persons
A contract made by an intoxicated person is not void, though the intoxication is brought about by the other party, but is merely voidable at the election of the intoxicated person and may be ratified by him expressly or by conduct inconsistent with its rescission. History. Orig. Code 1863, §§ 2691, 2699; Code 1868, §§ […]