Capacity to Buy and Sell

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The capacity to contract or to buy and sell goods is regulated by the general law relating to capacity to contract and transfer and acquire property.

Minors, insane persons and drunken persons lack capacity to contract. However, Section 49(1) of the Sale of Goods Contract, Cap 31 Laws of Kenya states that where necessaries are sold and delivered to an infant, minor,  insane person or drunken person, he or she must pay a reasonable price.