A rental of real estate is not actually “real property” in and of itself, therefore it doesn’t have the level of contractual law of buying real estate.
Kid’s enter into contracts all the time—by buying things (and this is enforceable, through the parents)—and if this kid bought the rent of the house by fraudulently using her parent’s credit card—than yes, the parents—being responsible for their child’s actions—are responsible to pay—both for the rental fee, and damages (specified in the contract).
The situation is more like a kid buying tickets to a concert—by using their parents credit card without permission than it is to someone buying real-estate (which no minor can do). Assuming they attend the concert—or never get a refund for the ticket—the parents are still liable for the bill.
Just because a child uses fraud in using her parents’ credit-card—does not relieve their responsibility over whatever she bought. Now if a stranger had stolen the credit card—that would be a different issue—as credit card companies don’t hold you liable for that.
Besides that, this is Canadian law, which I’m sure is at least (slightly) different than laws in the US on these things.
Again, even thought the rental was not legal....the parents are responsible for the damages their daughter-and-friends did....and, to pay for the fraudulently obtained rental fee (as rental itself is a form of personal property).
Had the child somehow signed a contract to purchase real estate—that’s entirely different—and would be null and void.
Interesting legal case, actually.
I see your point, but it is my contention that a 14 year old cannot enter into a binding legal contract in this instance. Would the rental company have rented it to her had they known she was 14? No. They won’t rent her a car, she isn’t allowed to vote, consent to sex, join the military, purchase a firearm.
Chucky will let her order a pizza online, that’s about it.