§ 7.3 Minors

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

§ 7.3 MINORS

§ 7.3-1 Definition

In general, a minor is an unmarried person under 18 years of age. ORS 109.510 (the law discussing parent and child relationships). See also ORS 419B.550(3) (minor defined under the Juvenile Code). But a minor is deemed to have reached the age of majority upon being married according to law. ORS 109.520. Also, a minor who is at least 16 years old can be emancipated by order of the juvenile court under ORS 419B.550 to 419B.558. A judgment of emancipation will recognize the minor as an adult for purposes of prosecuting or defending an action. ORS 419B.552(1)(a).

§ 7.3-2 Capacity to Prosecute or Defend an Action

A minor may prosecute or defend an action if properly represented by someone who will adequately enforce or protect the minor's rights. Benson v. Birch, 139 Or 459, 461, 10 P2d 1050 (1932). Generally, a minor has the same right to redress for injury as any other person. 43 CJS Infants § 400, Westlaw (database updated Dec 2019).

Thus, through his or her representative, a minor may maintain an action on a contract for damages for breach or rescission, an action to enforce property rights, or an action against a wrongdoer for tort. 43 CJS Infants §§ 400-405. Minors can be sued for their torts. Until a minor has reached an age at which the requisite intent can be formed, however, the minor may escape liability for acts that would be considered intentional torts if committed by an adult. See Kirkpatrick v. United States Nat'l Bank, 264 Or 1, 7, 502 P2d 579 (1972).

§ 7.3-2(a) Appearance through Representatives

The rule governing the appearance of minor parties through their representatives is set forth in ORCP 27 A. Under that rule, a minor who has a conservator or guardian must appear by that representative unless the court orders otherwise. If the...