SITUATION: Linda, who was a minor, ordered three diamond necklaces for herself according to her own condition. Later, she refused to pay the jeweler by declaring she was a minor. Linda attained his majority one year later. Her mother told her that she could stay at her mother’s house temporarily so long as she did her share of domestic chores. Three months later, Linda was subpoenaed to give evidence on behalf of Adam, the defendant, in a case. He had promised to pay her 1000 pounds for appearing. One day, Lind went to a supermarket. She took goods from the shelves and then walked to a till. A conspicuous notice was hung before the till incorporating an exclusion clause into contracts for the purchase of goods from the supermarket. Required: Consider the above situation with respect to the rules governing the contract and give your advice to Linda. （a） Whether Linda has any right of action against the jeweler? （b） Whether Linda has entered into a binding contract with her mother? （c） Whether Linda has entered into a binding contract with Adam? （d） Whether this right has effectively excluded by the clause?

(a)ESSENTIAL ELEMENT In order to be valid and enforceable by the law,a contract must contain certain key elements.these are as follows Agreement :the first essential feature of a contact is that the parties have made an agreement.this is determined by the rules of offer and acceptance . Consideration:the second essential element is that the agreement,or the obligations assumed by each party,must be supported by each party.must be supported by consideration from the other party . Intention to create legal relation:the last essential element is that the parties to the agreement intend that their promises be legally binding. Minors. The legal capacity of minors (persons under the age of 18) is determined by the minors Contracts act 1987.A contract between a minor and another party may be one of three types. (ⅰ)A valid contract is binding in the usual way. )(ⅱ)A voidable contract is binding unless and until the minor rescinds the contract. (ⅲ)An unenforceable contract is unenforceable against the minor unless he ratifies (adopts) it – but the other party is bound . Two sorts of contract are valid and binding on a minor: a contract for the supply of goods or services which are necessaries, and a service contract for the minor’s benefit. If goods or services which are necessaries are delivered to a minor under a contract made by him, he is bound to pay a reasonable price for them: s 3 Sale of Goods Act 1979. Necessaries are defined in s 3 Sale of Goods Act 1979 as goods or services suitable to the condition in life of the minor and to his needs at the time of sale and delivery. (ⅰ) suitability is measured by the living standards of the minor .Things may be necessaries even though they are luxurious in quality, if that is what the minor ordinarily uses .Food, clothing professional advice and even a gold watch have been held to be necessaries. (ⅱ)The second test is whether the minor requires the goods for the personal needs of himself (or his wife or child ).Goods required for use in a trade are not necessaries, nor are 1

goods or any kind if the minor is already well supplied with them. (Nash & Inman1908)The facts: N was a London tailor who sued I on bills totalling￡145 for clothes, including eleven fancy waistcoats. It was conceded that the clothes were suitable, but it was shown that he already had plenty of them .Decision: the clothes were not necessaries. A service contract for the minor’s benefit which contains an element of education or training is the other type of contract which is binding on a minor. (Doyle & White City Stadium 1935) Voidable contracts of a minor: A minor may enter into a contract by which he acquires an interest of a continuing nature. Such contracts are voidable by the minor during his minority and within a reasonable time after attaining his majority. If no such steps are taken, the contract is binding. Examples of voidable contracts are: (ⅰ) contracts concerning land- for example, leases. (ⅱ) Purchases of shares in a company . (ⅲ)Partnership agreements. A contract of this type does not require any kind of ratification by the minor on his majority. It remains binding unless he repudiates it within a reasonable time. (Edwards & Carter 1893) The facts: A marriage settlement was made under which the father of the husband to be agreed to pay ￡1,500 per annum to the trustees. The husband to be, who was a minor at the time of the settlement, executed a deed under which all property which he might receive under his fathers will would also be vested in the trustees. He attained his majority one month later, and three and a half years later his father died. A year after this, he repudiated the agreement. Decision: the repudiation was too late and was ineffective. The effect of repudiation is to relieve the minor of any contractual obligations arising after the repudiation .The key to liability or recovery of sums paid may well depend upon whether the minor received consideration. (Steinberg & Scala (Leeds) 1923) Unenforceable contracts of a minor: All other contracts entered in to by a minor are described as unenforceable-the minor is not bound (though he may ratify it) but the other party is bound. Where a contract is voidable and is repudiated by the minor, or where it is unenforceable and is not ratified by the minor, any guarantee of the contract given by a capable (I e adult) person is still valid .in addition, a minor may be required to return property which he acquired under a repudiated or unenforceable contract .A minor is generally liable for his torts (I e wrongful acts causing loss or damage to others). He will not, however, be liable if he commits a tort in procuring a contract which is not binding on him .if he were liable, the other party would effectively be able to enforce such a contract.(R Leslie Ltd & Sheill 1914) In this case: Linda and jeweler's contract shall be invalid; Because Linda is a minor, Linda and jeweler reached before is oral agreement, this was largely invisible contract for minors is unable to carry out, diamond necklace is not the necessaries of life, life must be product only to live, in English law, the engagement ring is life necessities, but diamond necklace does not belong to the necessaries of life, Two sorts of contract are valid and binding on a minor: a contract for the supply of goods or services which are necessaries, and a service contract for the minor’s benefit.So do not make the terms of the contract.