What is the Age of Majority in Delaware?
I hold a license to sell liquor in Delaware. Students from a nearby school often come to my place for drink. Can I sell alcohol to a person above 18 years in Delaware?04/07/2017 | Category: Minors » Age of Major... | State: Delaware | #35314
The age of majority in Delaware is 18 years, and a person above 18 years may enter into contracts, and can sue and be sued. However, the law makes it clear that alcoholic liquor may not be sold to a person below the age of 21 years.
The relevant law on Age of Majority in Delaware is given below:
Delaware Code 1 § 701. Age of majority
A person of the age of 18 years or older on June 16, 1972, and any person who attains the age of 18 years thereafter, shall be deemed to be of full legal age for all purposes whatsoever and shall have the same duties, liabilities, responsibilities, rights and legal capacity as persons heretofore acquired at 21 years of age unless otherwise provided.
Delaware Code 6 § 2705. Age of majority; capacity to contract
Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared legally incompetent to contract for reasons other than age. Any person who has attained the age of 18 years shall become fully responsible for that person's own contracts.
Delaware Code 10 § 3923. Prosecution and defense of actions by persons of the age of 18 years or older
(a) Any person of the age of 18 years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equity in any court without the interference or appointment of a guardian, guardian ad litem, next friend or other legal representative.
(b) Any person of the age of 18 years or older who is not otherwise incompetent may be appointed by any court as guardian ad litem, next friend or other legal representative of a person who has not reached the age of 18 years.
Delaware Code 4 § 708. Prohibition of sales to certain persons
(a) No person or licensee shall sell any alcoholic liquor to any:
(1) Individual who has not reached the age of 21 years, except that in any prosecution for an offense under this paragraph it shall be an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused identification, with a photograph of such individual affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 21 years of age or older;
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(b) No sale made to any person mentioned in this section, other than an individual who has not reached the age of 21 years, shall constitute a misdemeanor unless the Commissioner and/or Division has informed the seller, by registered letter, that it is forbidden to sell to such person or unless the fact is otherwise known to the seller.