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