CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

There is a twofold definition of necessaries, therefore, dependant on both
social status and a genuine need.

The Sale of Goods Act 1979 s.3(3) defines necessaries as, ‘goods

suitable to the condition in life of the minor and to his actual

requirements at the time of sale and delivery’.

This distinction does appear somewhat discriminatory, but if it were not so,
a person who was wealthy and could well afford to pay for purchases would
‘escape’ with the same liability as a much poorer person. The question must
arise as to how a retailer is to establish a person’s social status (assuming
that he is aware of the law and has first of all established the age of the
customer).
The operation of the twofold definition of necessaries is illustrated in the
following case.

Despite suggestions by the Law Commission that the definition of
necessaries be made clearer and narrower, no action has yet been taken, and
the principles used in Nash v Inman are still the starting-point in deciding

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Should the law discriminate by linking ‘necessaries’ to a person’s social status,

or should a wealthy person be liable for the same purchases as a poorer

person?

Nash v Inman (1908)

A Cambridge university undergraduate, the son of a wealthy architect,

ordered ‘eleven fancy waistcoats’ from a Savile Row tailor. He did not

pay for them, relying on the fact that he was not of full capacity. The

incident arose at a time when such waistcoats were normal student

clothing at Cambridge, and this, coupled with the status of the client,

persuaded the court that such items could be necessaries. However, it

was found that the student’s father had already provided him with

plenty of clothing, including waistcoats, and therefore they were not

actually required. The law at the time, then, protected the student very

well, but was rather harsh on the tailor, who received no payment at all.

We will see later that the position may be different should a similar

situation arise at the present time.

How easy is it now to obtain credit as a minor? Should it be more difficult,

or should credit be easily available?