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Read the following passage and answer the question.

Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitled to be reimbursed (Section 68 of Indian Contract Act, 1872) The liability is not to pay the agreed price, but to reimburse. The minor is not personally liable, but the minor's property is liable for the amount. Since the decision of the Privy Council in Mohori Bibee Dharmodas Ghose, it is clear that this section applies to minors as well as to persons of unsound mind and others, if any, disqualified from contracting by any law to which they are subject.

The term "necessaries" includes everything necessary to maintain an incompetent person in the state, station, or degree of life in which he is, and what is "necessary" is a relative fact to be determined with reference to the fortune and circumstances of a particular infant The meaning of the word is not confined to "necessities".Necessaries must be things which the minor actually needs, therefore, it is not enough that they be of a kind which a person of his condition may reasonably want for ordinary use, they will not be necessary if he is already sufficiently supplied with things of that kind, and it is immaterial whether the other party knows this The court should take into consideration the character of the goods supplied, the actual circumstances of the minor, and the extent to which the minor was already supplied with them. Things may be useful to the minor, but the quality or quantity supplied
may render them not necessary.

Question :- Hritik is a student at Cambridge University. He is aged 17 years. A tailor in good faith supplies him with eleven fancy waistcoats. Hritik already had one waistcoat. Is he liable to compensate the tailor?

Option: 1
Yes, Hritk is liable to compensate the tailor since clothes can be considered as necessities of life.

Option: 2
Yes, Hritik is liable to compensate the tailor since the clothes were supplied to him in good faith.

Option: 3
Yes, Hritik is liable to compensate the tailor but not personally.

Option: 4
The tailor shall not be compensated

Answers (1)

best_answer

The waistcoats were not needed, they can’t be considered as necessaries of life.

Posted by

Irshad Anwar

View full answer

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