After she was married, Sherri Mitchell, a young woman of 17 years of age, was in

Question

After she was married, Sherri Mitchell, a young woman of 17 years of age, was in an automobile accident in which she was hurt enough to require medical treatment. She was later approached by an insurance agent who offered her $2,500 as a settlement. All she had to do was sign a release that would absolve the insurance company of any complaint that she might have against it in regard to the accident. She agreed to accept the $2,500 and signed a release to that effect; however, she then changed her mind and decided to void the agreement. She argued that since she was 17 at the time she signed the release, she was a minor and could therefore void the contract. Is Mithcell correct? Explain. [See: Mitchell v. State Farm mutual Automibile Insurance Co., 963 S.W2d (Ky. Ct. App.).]

Explanation / Answer

Yes, Mitchell is correct.

Marriage does not affect her status as being a minor. Being a minor, she has the legal capacity to contract, but she also has the privilege of avoiding the contract. Although there are some exceptions to this general rule, no such exception is applicable in the given case.

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