New York Law (NYLE) Practice Exam

Can an infant disaffirm a contract allowing the use of her photographs for publicity signed by her parent?

1. Yes, upon reaching the age of 18

2. Yes, if the infant can prove undue influence

3. No, the contract is enforceable under New York Civil Rights Law

4. No, if the infant was aware of the contract

The correct answer is: No, the contract is enforceable under New York Civil Rights Law

In New York, the legal capacity of an infant (someone under the age of 18) to enter into contracts is quite limited. Generally, contracts entered into by minors can be disaffirmed, meaning that they can choose to void the contract upon reaching the age of majority. When it comes to contracts that involve an infant's image or likeness, New York law provides specific protections under Civil Rights Law. This law can impose restrictions on the use of a person's image without consent, especially when it pertains to minors. The parent or guardian may have the authority to sign on behalf of the infant, but this does not eliminate the infant's right to disaffirm such agreements once they come of age. However, the reason that this option is correct lies in the enforceability aspect. The contract is viewed through the lens of the protections afforded to minors, and the specific rights under the Civil Rights Law highlight that the contract allowing the use of photographs for publicity cannot be enforced against the infant once she disaffirms it upon reaching the age of 18. The other reasons do not adequately capture the child's rights. For instance, undue influence would be difficult to prove as the contractual relationship already has limitations due to the infant's status and consent issues.