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The Sanctity of Contracts in English Law - College of Social ...

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Infants' <strong>Contracts</strong> 29which were necessaries or those for the <strong>in</strong>fant's benefitwere voidable at the <strong>in</strong>fant's option. He couldexercise his option to avoid them either beforeatta<strong>in</strong><strong>in</strong>g his majority or with<strong>in</strong> a reasonable timeafterwards. He could, however, himself enforce them.<strong>The</strong> Infants Relief Act, 1874, declared three classes<strong>of</strong> contracts entered <strong>in</strong>to by an <strong>in</strong>fant " absolutelyvoid." <strong>The</strong>se were contracts to repay money loans,contracts for goods supplied or to be supplied (otherthan necessaries) and all accounts stated. Moreover,the same Act forbade an action be<strong>in</strong>g brought on anypromise or ratification <strong>of</strong> a contract made dur<strong>in</strong>g<strong>in</strong>fancy. In the words <strong>of</strong> Anson's <strong>Law</strong> <strong>of</strong> Contract 19 :" <strong>The</strong> Infants Relief Act <strong>of</strong> 1874 appears to havebeen designed to guard not merely aga<strong>in</strong>st the results<strong>of</strong> youthful <strong>in</strong>experience, but aga<strong>in</strong>st the consequences<strong>of</strong> honourable scruples as to the disclaimer <strong>of</strong> contractsupon the atta<strong>in</strong>ment <strong>of</strong> majority."TRUCK ACTSAt one time no doubt a master paid his servant'swages <strong>in</strong> k<strong>in</strong>d; but the trend away from the trucksystem <strong>in</strong> the direction <strong>of</strong> a free money economyand the payment <strong>of</strong> wages <strong>in</strong> money became general.Even <strong>in</strong> the early n<strong>in</strong>eteenth century, payment forservices cont<strong>in</strong>ued <strong>in</strong> many <strong>in</strong>stances to be madepartly by money and partly by the supply <strong>of</strong> goodsand services. Such a system <strong>of</strong> payment was liableto abuse; and <strong>in</strong> fact was not <strong>in</strong>frequently, directlyor <strong>in</strong>directly, abused by the employer. Thus wages18 19th ed. at p. 126.

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