In California, a party may disaffirm (or void) a contract for several reasons, particularly if they lack the legal capacity to enter into it. One common basis for disaffirmance is when a minor (someone under the age of 18) enters into a contract. California law allows minors to disaffirm contracts, meaning they can legally void agreements they enter into, with certain exceptions. Contracts for necessities, such as food, clothing, or medical care, are generally not subject to disaffirmance by minors. Additionally, the minor must disaffirm the contract within a reasonable time after reaching the age of majority (18 years old), or else the contract may be deemed ratified and enforceable.
Another basis for disaffirming a contract in California is mental incapacity or intoxication. If a person is unable to understand the nature and consequences of their actions due to mental impairment or intoxication, they may disaffirm the contract. In the case of mental incapacity, the person must show that they lacked the ability to comprehend the contract at the time of agreement. For intoxication, the person must prove that they were so impaired by drugs or alcohol that they were unable to understand the nature of the contract. As with minors, contracts entered into under such conditions are generally voidable, but disaffirmance must occur promptly, and the party may need to return any benefits received under the contract.
