Sale of Goods Act 1893

Capacity to buy and sell.

2

2.Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.

Provided that where necessaries are sold and delivered to an infant, or minor, or to a person, who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.

Necessaries in this section mean goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery.

Formalities of the Contract.

Annotations

Amendments:

F2

Repealed by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 137(2), not commenced as of date of revision.

Modifications (not altering text):

C6

Prospective affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 137(2), not commenced as of date of revision.

2. ...

Provided that where necessaries are sold and delivered to an infant, or minor, or to a person, who by reason of F2[] drunkenness is incompetent to contract, he must pay a reasonable price therefor.

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