Bahsali v Manso (9 of 1931) [1931] SLSC 9 (24 July 1931)


Contract - infants - misrepresentation - no liability to pay money
due under voidable contract even if induced by misrepresentation as to
age: Goods supplied to an infant for trading purposes are not
"necessaries" and a plea of infancy will therefore be an absolute bar to
an action against him for payment in respect of the purchase of such
goods; this rule applies even if the contract specifically states that he is
over 21 or if it was induced by the infant's fraudulent misrepresentation
of his age for although an infant is generally liable in tort, he is
not liable when the tort is directly connected with a contract which he
is entitled to avoid.

▲ To the top