The plaintiff sought payment for assorted fruit, confectionery and other foods sold to the defendant, who now pleaded infancy, and that these were not necessaries appropriate to the defendant’s then degree, estate, circumstances and condition of the said defendant. The plaintiff said that the defendant was an undergraduate student at Oxford associating with others of rank and fortunes, and used the goods for their entertainment, that he had a medical condition for which some of the goods were prescribed, and that his father was Governor of Ceylon. The judge told the jury that they should when considering whether the goods were necessaries should allow for his condition in life.
Held: there can be occasion where beverages may not constitute necessaries.
Judges:
Lord Denmen CJ
Citations:
[1844] EngR 205, (1844) 5 QB 606, (1844) 114 ER 1378
Links:
Jurisdiction:
England and Wales
Contract, Children
Updated: 19 July 2022; Ref: scu.304797