ABSTRACT
A minor can be held liable at any age. He is sued through a parent as next friend or guardian. The parents of the minor will only be held vicariously liable for his negligence if they were also in breach of their own duty of care to the plaintiff. A minor cannot sue in his own right. Court approval is not necessary before proceedings are instituted, unless there is no legal guardian for the minor. The court must appoint one for proceedings to be commenced. Where the plaintiff or defendant is not mentally capable of conducting his own affairs, a controller of affairs will be appointed by the court under the mental health legislation.
