One quick google search for documentation later... [http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html]Vrach said:Really? Cause I haven't in my entire life heard of such thing. They are perfectly able to make financial transactions on their own, what they're not able to do (afaik) is have a credit card (on their own), because that requires being an adult (perhaps it's possible with the signature of one, which, if it's the case, makes this lawsuit even more preposterous). You're saying any parent can walk into a store any underage person went into and bought something and demand their money back, that's just straight up bullshit.Kargathia said:Minors aren't deemed able to make financial transactions on their own, so in this case the right of the parent wouldn't be to blame the shop, but to declare the transaction (the buying of the kitkat) null and void.Vrach said:And this is pretty much like suing the shop when your kid grabs money out of your wallet and goes to buy himself a Kit-Kat. If your child took money from you without your knowledge, the problem does not lie in anyone but your own stupid, incompetent self, something you only prove further by blaming someone else for it.
1. The parent has raised the child in such a manner that the child feels it's ok to STEAL from the parent - really think about the severity of this. Put yourself in the situation of that parent and imagine telling your friends "my child stole money from me today" - the parents I know, including my own, would be embarrassed as all hell by their child's action.Kargathia said:And on another note: sueing a company because your kid did something he shouldn't have certainly reeks of bad parenting, but so far that smell is all we have to go on.
She might possibly be an awful parent, but conclusively stating such when you don't know anything beyond that she sued definitely makes you a douche.
2. The parent blames the company the child used to spend the stolen money for "not doing enough to prevent that from happening"
Call me a douche all you like, those two things combined spell a bad parent. Hell, most people would accuse one of that based on first alone, personally I'd say there could be other influences - but it's the second, the inability to accept their own responsibility and deal with their own child instead of blaming someone else, that really cements in it my opinion.
Facebook credits hardly qualify as "necessities", so a legal guardian would be well within her rights to void a contract. Of course this is merely a legal basis on which she can (partially) base herself when lodging the suit; it won't fully cover her intentions of making Facebook do more to check whether minors have parental consent.
Also: whether transactions of goods are considered "contracts" is generally set by jurisprudence and state laws. Whether this is the case in California I honestly can't say.
And as to your second point: the funds being stolen is - once again - nothing but an assumption, which renders the rest of your argument moot.