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20 U. Ghana L.J. 62 (1996-1999)
Towards a Uniform Age of Majority in Ghana: Rethinking the Contractual Capacity of Minors

handle is hein.journals/unghan20 and id is 72 raw text is: TOWARDS A UNIFORM AGE OF MAJORITY IN GHANA: RETHINKING THE CONTRACTUAL CAPACITY OF MINORS Christine Dowuona-Hanmond* Introduction The law regulating the contractual capacity of persons below the age of 21 years in Ghana is largely outdated and fraught with inconsistencies: This is perhaps hardly surprising, in view of the fact that most of the applicable rules date back several centuries, and were thus influenced by social and economic standards which have no relevance to today's modern society. What is surprising, is the fact that very little has been done to reform this aspect of the law inspite of its far- reaching economic implications. The need for careful reflection in the design and review of the law on contractual capacity is even more urgent in this country because of the relatively high percentage of the population aged between 15 and 21 years.3- In view of the need to encourage maximum participation in the economy, it is clearly counterproductive to maintain outdated rules, which deny legal significance to the activities of such a significant portion of the population. The task of monitoring or limiting contractual capacity on the basis of age involves the making of difficult choices between two equally legitimate and competing policies, that of protecting those who lack capacity and that of safeguarding the expectation and reliance interests of adult parties who deal fairly with minors. In seeking to achieve an acceptable balance, the law must tread the fine line between protecting the incompetent, and incapacitating the competent through protection In other words, the extent of legal protection granted must be enough to shield the young and vulnerable from the pitfalls of the marketplace, while at the same time ensuring that their freedom of contract is not unduly stifled by the zeal to protect. In Ghana, a minor, for purposes of contractual liability, is a person, aged below 21 years. A person *LL.B (Gh). LL.M (Mich). Lecturer, FaculN of Lawi. University of Ghana. 137 The 1984 Population Census indicated that 59% of the population was aged below the age of 21 years.

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