Infant, in English law, is a term which includes all persons under the age of twenty-one. Such persons are subject to special rules of law, which may be summarised as follows:
(1) Crime.—A child under seven cannot be convicted of crime; a child between seven and fourteen can be convicted if it is shown that he knew the nature of his act. A boy under fourteen is presumed incapable of rape.
(2) Marriage.—Boys under fourteen and girls under twelve cannot contract marriage. As a general rule, infants of marriageable age require the consent of parents or guardians to marry; but the absence of such consent does not affect the validity of a marriage actually solemnised. A person procuring the marriage of an infant by fraud forfeits any property which accrues to him or her from the marriage.
(3) Property and Contract.—An infant may acquire and dispose of property, enter into contracts, and carry on business; but he is privileged to repudiate liability for his acts, except in certain cases. Contracts for necessaries (i.e. for things suitable to the infant's position in life) are binding on him; and settlements, &c., executed with the approval of a judge, in terms of certain acts of parliament, are also binding. On coming of age an infant may confirm or rescind any act by which he has acquired or disposed of property during infancy; if he continues to hold property acquired, he must perform obligations connected with it: if e.g. he has acquired shares in a company, he must pay calls on them. If he has entered into a continuing contract (e.g. a contract of partnership), he is taken to have confirmed it, unless he rescinds and ceases to take the benefit of it within a reasonable time. As for his other contracts, he might formerly have confirmed them by an express ratification; he is now precluded from doing so by the Infants' Relief Act of 1874, which enacts that no action shall be brought on the ratification of a promise made during infancy. No will made by a person under twenty-one is valid. An infant may bring an action by his prochein ami or next friend (usually his father, if living). If an action is brought against him, a guardian ad litem may be appointed. A parent or guardian is not liable for the debts of an infant, unless he has expressly or by implication contracted to pay them. An infant may contract as agent for a person of full age; in this case his acts are regarded as the acts of his principal.
In Scotland the law differs in many respects from the law of England on this subject. The term infant is not used at all in a technical sense. All persons, if male, are in legal strictness called pupils till fourteen, and if female, till twelve; and from fourteen or twelve to twenty-one they are technically called minors. In general, the contracts of a pupil are absolutely void, and he is under the care of tutors, who are either his parents or others appointed by the court. A minor, on the other hand, may enter into contracts; but if they are to his lesion or prejudice he can reduce or set them aside any time within four years after majority. Moreover, if a minor go into trade, his contracts bind him, as they do other persons. Further, a minor can make a will or testament, operating on his movable estate, though he cannot alienate his heritable estate in like manner. The four years which are allowed to him after majority to consider whether he will set aside contracts are called quadrennium utile; and if he can prove lesion he is in that period entitled to restitution. In Scotland, also, a minor may marry as freely as if he were a major, and, indeed, he is in general his own master, or sui juris, at the age of fourteen (a female at twelve). See the article AGE.