- 10 Marks
BCL – Nov 2023 – L1 – Q2a – Contract Law
Discuss the concept of necessaries, enforceability of contracts with minors, and capacity in contract law.
Question
a) Papa Kwesi, a 16-year-old native of Cantonments, is a fashion enthusiast. He orders goods online from Labalaba Ltd, and his parents readily pay. On 28 March 2023, he ordered the following items from Labalaba Ltd: 3 wristwatches, 6 pairs of “bugger” trousers, 4 fanciful pairs of shoes, 5 current brands of shirts, and 3 brand new pairs of shoes for his girlfriend. The total cost of goods ordered was GH¢20,000.
Papa Kwesi’s mother decided to put a break on her son’s unrestricted love for ordering goods online. The parents decided that Papa Kwesi should pay for the goods from his savings. The parents felt that some of the items were unnecessary as he had them in abundance. The company subsequently issued the cost of the items in the name of Papa Kwesi.
Required: i) Explain in law of contract what is meant by Necessaries. (3 marks)
ii) In the scenario above, will Labalaba Ltd succeed on the claim against Papa Kwesi for the cost of the goods? Explain your answer. (3 marks)
iii) Which persons under the law of contract are said to lack capacity to enter into a contract?
(4 marks)
Find Related Questions by Tags, levels, etc.
- Tags: Capacity, Contract Law, Minors, Necessaries
- Level: Level 1
- Topic: Contract Law
- Series: NOV 2023