Queensland Consolidated Acts

SALE OF GOODS ACT 1896 - SECT 5

5 Capacity to buy and sell

(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.

(2) However, when necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, the person must pay a reasonable price therefor.

(3) In this section—

"necessaries" means goods suitable to the condition in life of such infant or other person, and to his or her actual requirements at the time of the sale and delivery.