Q. My 13 year old daughter's last monthly mobile phone bill included a charge for over £100 for musical ringtones from Elvis to the Black Eyed Peas. I've got a feeling that the companies behind these tunes aren't allowed to sell them to children so young. Is this legal?
A. Your daughter has entered into a contract to buy goods (ringtones) from a company who have agreed to supply them at an agreed price. Had an adult done the same, then this would constitute a legally enforceable contract at law.
However, until your daughter reaches the age of 18, she will be regarded as a "minor", and the law only enforces contracts which minors enter into to buy "necessaries" (i.e. life's absolute essentials such as food, drink, clothing, lodging and medicine).
Therefore, contracts which minors enter into to buy goods which are not necessaries are not enforceable at law. The burden of showing that the goods supplied are necessary falls upon the supplier and, clearly, the ringtone supplier would have great difficulty in convincing a court that it was necessary to have Elvis on the phone. Therefore the contract can be regarded as "voidable" which means that your daughter would be entitled to cancel the contract and obtain a refund (the ringtones would have to be returned to sender).
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors: The Logical Answer.
