Part 3Sale of goods
Formation of contract: Contract of sale
124Capacity to buy and sell
Capacity to buy and sell goods is regulated by the general law concerning capacity—
- to contract; and
- to transfer and acquire property.
However, if necessaries are sold and delivered to a person who because of mental incapacity or intoxication is incompetent to contract, he or she must pay a reasonable price for the goods.
In this section, necessaries means goods suitable for the person’s—
- condition in life; and
- actual requirements at the time of the sale and delivery.