Keith Mack
In English contract law, a minor is defined as any individual under the age of 18 years. While a minor is not bound by contracts they make, the adult party they contract with is. An exception to this is the case of necessaries, or goods and services deemed necessary or beneficial to them, without which a person cannot reasonably exist. This includes food, clothing, lodging, education, or training in a trade, and essential services. The Sale of Goods Act 1979 states that a minor must pay a reasonable price for any necessaries sold and delivered to them. This obligation also falls under Section 7 of the Mental Capacity Act 2005, assuming the role of Section 3 of the Sale of Goods Act 1979, where those deemed mentally incapacitated are bound by statute regarding contracts for necessaries.
| Characteristics | Values |
|---|---|
| Definition | "Necessaries" are goods or services deemed necessary for ordinary living. |
| Binding | Contracts for necessaries are legally binding for minors and incapacitated persons. |
| Age of Majority | In English law, a minor is any individual under the age of 18 years. |
| Exceptions | A contract for necessaries may not be binding if the minor's needs are already satisfied or if the contract contains burdensome or unfair terms. |
| Examples | Food, clothing, lodging, education, training in a trade, and essential services. |
| Payment | Minors are bound to pay a reasonable price for necessaries supplied to them under a contract. |
| Legislation | The Sale of Goods Act 1979, Section 3, states that minors "must pay a reasonable price" for necessaries. |
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What You'll Learn
Minors and intoxicated persons
In the United States, Minor in Possession (MIP) laws prohibit any person under the legal drinking age of 21 from possessing or consuming alcohol. MIP laws vary by state, with some like Utah having strict laws and penalties, and others like Wisconsin having more lenient laws and consequences. MIP is one of the most common causes of arrest for Americans under 21.
Under MIP laws, a minor is deemed in possession if they are physically holding an alcoholic drink, either opened or sealed, or if they have consumed an alcoholic beverage. A law enforcement officer does not need to witness the minor physically possessing or consuming the alcohol; consumption may be established by a proscribed blood alcohol content (BAC) level or an officer's testimony in combination with a field sobriety test. A minor can also be deemed in constructive possession if they have access to alcohol in a setting that would indicate they intended to drink it. For example, if alcohol is found in the trunk of a car that a minor is driving, they would be deemed to be in constructive possession.
MIP laws also make it a crime for adults to give, sell, or furnish alcohol to minors, or to buy it on their behalf. These crimes carry stiffer penalties, including possible felony charges if the violation results in the minor becoming intoxicated and suffering harm or death. If a store clerk or bartender sold the alcohol, the establishment could lose its liquor license and face substantial fines in addition to individual criminal penalties.
While MIP laws vary by state, in most states, an underage drinking charge is a misdemeanour. Penalties for minors can include jail time, especially if the minor was highly intoxicated, damaged property, drove a vehicle, or has prior offences. However, judges may offer alternatives to a delinquency adjudication or adult conviction, such as diversion or deferred adjudication, which may involve obeying laws, counselling, educational courses, paying fines, and community service.
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Contracts for necessaries
In English law, a minor is defined as any individual under the age of 18 years. The general rule is that a minor is not bound by contracts they make, although the adult party they contract with is bound. Once a minor reaches the age of majority (18), they can elect to ratify a contract made as a minor.
There are, however, exceptions to this rule. Minors are legally bound where a contract supplies them with "necessaries", or goods and services that are deemed necessary or beneficial to them. This obligation is codified in the Sale of Goods Act 1979, which states that "where necessaries are sold and delivered to a minor... he must pay a reasonable price for them". "Necessaries" are those things without which a person cannot reasonably exist and include food, clothing, lodging, education or training in a trade, and essential services. The specific "necessaries" will depend on the minor's "condition of life", referring to their social status and wealth. For example, a minor residing in a stately home may require different goods to a minor residing in a council flat.
It is important to note that a contract may not be for necessaries if a minor's needs are already adequately satisfied, or if a purchase can be seen as unnecessary. For example, in Nash v Inman, a tailor's claim that a child's purchase of 11 waistcoats was necessary failed because the child already owned adequate clothing. Additionally, if a contract contains particularly burdensome or unfair terms, courts may decide that a minor does not have the capacity to be bound by them.
Minors also have the capacity to enter into contracts for employment that are of general benefit to them. For example, a contract enabling a minor to pursue a career as a professional boxer or author has been held binding as it is for their benefit.
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Binding agreements for essential items
In English contract law, a minor is any individual under the age of 18. The general rule is that a minor is not bound by contracts they make, although the adult party they contract with is bound. Once a minor reaches the age of majority, they can choose to ratify a contract made as a minor. This rule is subject to several types of contracts which a minor will be bound by, and their right to repudiate such contracts.
Minors are legally bound where a contract supplies them with "necessaries", or goods and services deemed necessary or beneficial to them. This obligation is codified in the Sale of Goods Act 1979, which states that where necessaries are sold and delivered to a minor, they must pay a reasonable price for them. "Necessaries" are those things without which a person cannot reasonably exist, including food, clothing, lodging, education or training in a trade, and essential services. The "condition of life" of the minor, including their social status and wealth, is also taken into account when determining what constitutes a "necessary".
It is recognised that minors may need to be able to create binding agreements when acquiring essential items for living or employment. Therefore, contracts for necessaries will always be legally binding. Minors also have the capacity to enter into contracts for employment when the terms are of general benefit to them. If the terms are not beneficial, they may elect to avoid the contract and have their property returned.
While a contract may not be for necessaries if a minor's needs are already satisfied or if a purchase can be seen as unnecessary, there are still circumstances where contracts for necessaries can legally bind minors. For example, a minor may enter into a contract for employment that is binding if it is for their general benefit. Additionally, a contract that would otherwise be binding as a contract for necessaries may not be so if it contains harsh and onerous terms.
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Minors' capacity to enter into contracts
Minors (those under the age of 18) typically lack the capacity to enter into a contract. This is because minors are regarded as not having sufficient capacity to understand and pass upon questions involving contractual rights. However, there are exceptions to this rule.
Firstly, minors can be held to contracts for "necessaries", which include goods and services reasonably necessary for subsistence, health, safety, comfort, or education. This includes food, clothing, lodging, and shelter. In some cases, automobiles may also be considered necessaries. If a minor attempts to void a contract for necessaries, they may still be required to pay the fair market value for the goods or services provided.
Secondly, some states have special rules regarding minors' insurance contracts. For example, in New York, a minor above the age of 14 and a half is deemed competent to enter into a life insurance contract, as long as the beneficiary is the minor or a close relative.
Thirdly, certain contracts involving minors in the entertainment industry may be subject to court approval, which limits the minor's right to void the contract. This is the case in California and New York, where there are also limitations on the number of hours minors can work in the entertainment industry.
Finally, some states allow minors to void contracts within a short period after their 18th birthday, such as six months. If the former minor does not take action to void the contract by this point, courts may refuse to do so. Therefore, it is important for minors to understand their rights and responsibilities when entering into any type of contract.
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Statutory definition of 'necessary'
The term 'necessaries' refers to essentials necessary for a person to live a healthy and comfortable life. What constitutes a necessary depends on one's socioeconomic status, background, and standard of living. They may include things beyond the bare necessities, such as food, clothing, habitation, medical treatments, and legal services.
In the context of statutory definition, the term 'necessary' has been defined in section 2(3) of the Sales of Goods Act of Ghana, 1962 (Act 137). It states that:
> Necessaries are goods suitable to the condition in life of the person to whom they are delivered and his actual requirements at the time of delivery.
This definition highlights that necessaries are relative to an individual's circumstances and needs at the time of delivery. It is important to note that the onus of proof that a contract is for necessaries falls upon the supplier.
In English law, the concept of necessaries is relevant to the capacity to contract. Minors and those deemed mentally incapacitated may enter into binding contracts for necessaries, as they are deemed necessary or beneficial to them. This obligation is codified in the Sale of Goods Act 1979, which states that minors must pay a reasonable price for necessaries sold and delivered to them. Similarly, under the Mental Capacity Act 2005, incapacitated individuals are bound by contracts for necessaries.
The statutory definition of necessaries is essential to ensure that minors and incapacitated individuals have access to goods and services necessary for their well-being. It provides a framework for legal obligations and protections in contract law, ensuring that essential items or services are accessible to those who may not have full contractual capacity.
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Frequently asked questions
'Necessaries' are goods or services deemed necessary for ordinary living, such as food, clothing, lodging, education, or training in a trade.
Necessaries are applicable to minors (individuals under the age of 18) and those deemed mentally incapacitated.
Yes, contracts for necessaries are always legally binding. However, if a minor's needs are already adequately satisfied or if a purchase is deemed unnecessary, it may not fall under the category of necessaries.
The Sale of Goods Act 1979 states that a minor must pay a "reasonable price" for the necessaries sold and delivered to them, taking into account their social status, wealth, and actual requirements at the time of sale.
