Define necessaries exception of Minors

Question

Define necessaries exception of Minors?

Answer 1

Contracts made by a minor for the provision of necessaries are binding. To be a necessary, the good must be necessary to this particular minor, and the minor must not already have an adequate supply of it. Although a minor only need pay a reasonable price for necessaries, the contract price is presumed to be reasonable in the absence of evidence to the contrary.

The court requires the adult who is supplying goods to establish what is in fact necessary for the minor, and this may be difficult for an adult who does not know of the infant's particular circumstances. The courts have identified food, clothing, lodging, medical attention, legal advice, and transportation (means to get to and from work, but not purchase of a vehicle) as necessaries.

Based on the Sale of Goods Act, an infant may repudiate a contract even for necessaries where the goods have been ordered but not yet received, since the Act defines necessaries for an infant as goods sold and delivered.