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Contractual Capacity - Coggle Diagram

- - - - If a contract is held to be generally beneficial for the minor
      - Nash
        
        Oxford student bought a supply of waistcoats and his father successfully avoided the contract on the basis that his son had already a sufficient supply of waistcoats and the recent purchase was therefore not necessary
        
        The seller could not have known that the student had many waistcoats, but the court defended its position by saying that it was up to the tradesmen to find out the circumstances of the purchaser and, if they choose not to do so, they should refrain from extending lines of credit to minors
        
        Two-part test
        
        The Court must determine as matter of law whether to particular goods or services are capable of being necessaries
        
        If yes, the plaintiff must prove that, as a matter of fact, they are necessaries in the particular circumstances of the minor
      - Food and drink, clothing accommodation, medical services, legal services, transport services