Infant in United Kingdom

Meaning of Infant

The following is an old definition of Infant [1]: A person under the age of legal capacity; a minor. Infancy. The status of one who has not attained his majority; minority; non-age. An infant has a mind, but it is immature, insufficient to justify his assuming a binding obligation. He can do no legal act that will bind him, except enter into an apprenticeship, contract for necessaries and teaching, and, perhaps, enlist in the army or navy. He may deny or avoid any other contract during his majority or after he comes of age. At common law, also, a male under fourteen, and a female under twelve, cannot make a will. But an infant may serve as agent. He sues by his guardian or next friend, and he defends by his guardian, perhaps by a special guardian ad litem.0 Under the age of discretion he is not punishable criminally.1 If he understands the nature of an oath, he may give evidence.2 At common law, the father is liable for torts committed by an infant. His disabilities are really privileges: to secure him from loss by improvident acts. In England, the lord chancellor is the general guardian of all infants. The origin of the jurisdiction of the court of chancery is in the crown as parens patriae. See further Abandon, 2(2); Affirm; Age; Disabilty; Capax; Child; Discretion; Friend, Next; Guardian; Laches; Necessaries; Negligence; Oath; Orphan; Parent; Ratification; Void; Ward, 3.

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Notes and References

1. Concept of Infant provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)