“ I think that the difficulty and at the same time the suggestion of hardship to the plaintiff in such a case as this disappear when one considers what is the true basis of an action against an infant for necessaries. It is usually spoken of as a case of enforcing a contract against the infant, but I agree with the view expressed by the Court in Rhodes v. Rhodes [11] , in the parallel case of a claim for necessaries against a lunatic, that this language is somewhat unfortunate. An infant, like a lunatic, is incapable of making a contract of purchase in the strict sense of the words ”

“ It had never, he said, been the law that the plaintiff was required to go into the question, which might present great difficulties, of whether or not the goods were actually required by the defendant at the date of the sale, or, in other words, to say what was the state of the defendant’s wardrobe at the time when the goods were ordered. I think there is very great force up to a certain point in that argument. ”

“ In an action to recover the price of necessaries supplied to an infant, assuming that the goods are suitable to the defendant’s station in life, the onus is not on the plaintiff to prove that the defendant was not adequately supplied with goods of that description at the time of sale ”

“ The defendant, although he was an infant, had a limited capacity to contract. In order to maintain his action, the plaintiff must prove that the contract sued on is within that limited capacity. The rule as regards liability for necessaries may, I think, be thus stated: an infant may contract for the supply at a reasonable price of articles reasonably necessary for his support in his station in life if he has not already a sufficient supply. To render an infant’s contract for necessaries an enforceable contract two conditions must be satisfied, namely, (1.) ”

“ BUCKLEY L.J. The defendant, having been at school at Uppingham, went as a freshman to Trinity College, Cambridge, in October 1902. The plaintiff, who was a tailor carrying on business in Savile Row, sent a traveller to Cambridge to solicit orders. The traveller has stated in evidence that he was told there was a young man spending money there very freely, so he called upon him. ”

“ At first he got no order, but he pressed for orders, and subsequently got orders, with the result that between October 29, 1902 and June 16, 1903, the defendant had run up a bill of 145l. Odd for clothing of an extravagant and ridiculous style having regard to the position of the boy. The tailor now sues the defendant for 145l. The defence is infancy. That action is brought in contract. I understand the law before 1874 to have been this: an infant could contract, and under some circumstances the infant could enforce the contract, although it could not be enforced against him – e.g. ”

“ N. C. 231.↑ (1840) 6 M. & W. 42.↑ (1842) Car. & M. 422.1 2 (1834) 6 Car. & O. 690.1 2 3 4 L. R. 4 Ex. 32.1 2 (1884) 13 Q. B. D. 410.1 2 (1887) 19 Q. B. D. 509.↑ (1890) 44 Ch. D. 94.1 2 13 Q. B. D. 410.↑ 44 Ch. ”