Principles of Contract Being a Treatise On the General Principles Concerning Th

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Principles of Contract Being a Treatise On the General Principles Concerning Th
Frederick Pollock
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Contra 3fortam v. Ball, 6 Sim. 495. The doctrine there laid down seems superfluous, for the supplies there claimed for (such as 20"J pair of gloves in half a year) could not have been reasonably found necessary in any case.
(ff) inlJaltoxy. Gib, 7 Scott, 117, much weight is given to the appa- rent rank and circumstances of the party.
{b) L. K. 4 Ex. 32.
INFANTS : NECESSARIES. 71 The general result appears to stand thus : — Results.
When it is sought to enforce a contract against an infant on th
...e ground that it was for necessaries, then the priina facie necessity of the commodities supplied is a question for the Coui't.
If the Court holds them not prima facie necessary, evidence may be given of special circumstances rendering them in fact necessary, and the legal sufficiency of such evidence is a question for the Court.
Subject as above, the necessity of the commodities is a question of fact.
Commodities of a description in itself necessary are not necessaries when the buyer is already supplied with as much of the like commodities as he can reasonably want.


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