All people do not have the same legal capacity to make contract. In some case the legal capacity of the person has no relation to the individual’s actual ability. A person who is 17 years old for example, may have just as much to make a contract as an older person. Nevertheless a17 years old are ordinarily under a legal incapacity. In other cases such as those involving insane persons, the legal incapacity is based upon the inability to understand the consequences of the particular transaction. Person whose legal capacity is or may be restricted include minors, insane persons, convicts and aliens. The law governing minor’s contracts shows how the law must compromise between two principles. The first and more important is that, the minor must be protected against his own experience. The second is that in pursuing this object the law should not cause unnecessary hardship to those who deal with minors, the compromise between these principles results in certain contracts with minors being valid (contracts for necessaries and contract for service). 2.0MEANING OF KEY WORDS
According to Avtar Singh he defined necessaries as those things without which an individual cannot reasonably exist. 2.2 Minor
A minor or infant is one who has not attained the age which law deems necessary to give him his full maturity of mind and below which he requires a special protection from the state. At common law any person male or female under 21 years old is a minor though it has been reduced to 18 years in most states and countries like Tanzania and 19 in few. Some state and countries provide for the termination of minority upon marriage. 2.3 Contract
According to sect.2 (1) paragraph (h) of the Law of Contract Act defines the contract as an agreement which is enforceable by law. 2.4 Contract for necessaries
Refers to contract made by a minor to those things without which he cannot reasonably exist.
3.0What are necessaries?