Restitution of Benefits Conferred under Minors’ Contracts

Abstract

This article gives an account of the law relating to restitutionary recovery for benefits conferred by parties to agreements which are unenforceable as a result of the minority of one of the parties. It is argued that the case law offers rules which are inconsistent and unsatisfactory in policy terms but that a sound judicial restatement of them utilizing themes developed in the Canadian cases is both possible and desirable.