The capacity to contract is another essential element of the formation of a contract. A contract may not be enforceable against certain categories of people even when all elements which go to make a valid contract are present. One of this categories of people is an “infant.”

An infant, for the purpose of contractual transactions, is a person under the age of twenty one who has limited legal capacity to contract. The capacity of an infant with regard to contracts are expressly stated in the Infants Relief Act of 1874.

The Act specifically declares that three particular types of contracts with infants are absolutely void. These are;
1. Contracts of loan i.e lending money to an infant.
2. Contracts for goods other than necessaries.
3. Accounts stated i.e a claim by one party to payment of a definite amount.

Secondly, the Act stipulated that it is not possible for an infant to ratify at majority, those contracts which were formerly not binding on an infant unless ratified by him after the attainment of majority e.g goods other than necessaries. However, an infant could repudiate at majority, those contracts that were formerly binding on an infant e.g interest on property.

“Necessaries” as used in number 2 above, is defined in section 2 of the Sales of Goods Act, 1893, as goods suitable to the condition in life of an infant. Thus, where an infant contracts for necessaries, he must pay a reasonable price thereof but, where an infant contracts for goods other than necessaries, the contract is void. See
Nash v. Inman (1908) 2 K.B 1.

An infant may enter into contracts of apprenticeship, service or education which are of obvious advantage to him however, such a contract must be substantially for the benefit of the infant otherwise, he would be free to repudiate it.

NOTE; If an infant fraudulently misrepresents his age by deceiving the other party that he is over twenty one and if on that basis, the other party contracts with the infant, the plea of infancy and all privileges associated with it are still open to the dishonest infant. But in certain cases, equity will grant relief against the infant, by compelling him to restore his ill-gotten gains or release the deceived from obligation in law induced by the fraud. The equitable doctrine which makes this possible is known as the doctrine of restitution, for the Act is not to be used as an engine of fraud.
https://lawstudentaide.com/2019/02/13/capacity-to-contract-infant/

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