3. (§30.44) Minors

• Library: Federal Civil Litigation in Oregon (OSBar) (2009 Ed.)

3. (§30.44) Minors

A settlement is a contract enforceable by the courts as long as it satisfies the fundamental requirements of a contract. See Kleiner v. Randall, 58 Or App 126, 647 P2d 956 (1982). Because minors lack capacity to contract, minors cannot settle their own claims. See 24 Op Att'y Gen 57 (Or 1948).

Under FRCP 17(c)(1), a minor must be represented in litigation by a general guardian (see ORS 125.300-125.330), conservator (see ORS 125.400-125.540), or similar fiduciary representative. In the absence of an...