3 Capacity to buy and sell.U.K.
(1)Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property.
(2)Where necessaries are sold and delivered [F1to a minor or] to a person who by reason of [F2mental incapacity or] drunkenness is incompetent to contract, he must pay a reasonable price for them.
(3)In subsection (2) above “necessaries” means goods suitable to the condition in life of the [F1 minor or other] person concerned and to his actual requirements at the time of the sale and delivery.
Textual Amendments
F1Words in s. 3(2)(3) repealed (S.) (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10, 11(2), Sch. 2
F2Words in s. 3(2) ceased to have effect (E.W.) (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 24 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)