BADDELEY V CLARKE
NATAL PROVINCIAL DIVISION
DOVE-WILSON, JP; TATHAM, J
11 October 1923
Informed consent by guardian is required to bind minor.
FACTS
Minor purchased motor cycle for 38 pounds. Terms of contract were onerous and entitled seller to take possession of
bicycle should he fail to pay an installment. He missed the third payment and the bike was repossessed. Defendant tried
to prove that the contract was ratified as the father knew he got the bike, but had no proof that father consented.
LEGAL QUESTION
Can the contract be repudiated due to limited knowledge of the contract by the father?
REASONING
Judge noted that contract was not for the benefit of the boy. Contract was not ratified by father in accordance with de
Beer v Estate de Beer “it would require clear and satisfactory evidence to prove that he, being absent at execution had
knowledge of terms of antenuptial contract, and consented to his minor daughter entering into and executing such
contract.” No evidence that plaintiff (father) had knowledge of terms.
ANSWER TO LEGAL QUESTION
Yes, as ratification requires informed consent by guardian (must know material terms of contract). Contract is rendered
invalid except to the extent to which minor benefitted.
OUTCOME
The appeal is granted. Magistrates judgement converted into judgement for the plaintiff for 21 pounds (25 paid by son +
3 for tyres- 7 as possession allowance).
NATAL PROVINCIAL DIVISION
DOVE-WILSON, JP; TATHAM, J
11 October 1923
Informed consent by guardian is required to bind minor.
FACTS
Minor purchased motor cycle for 38 pounds. Terms of contract were onerous and entitled seller to take possession of
bicycle should he fail to pay an installment. He missed the third payment and the bike was repossessed. Defendant tried
to prove that the contract was ratified as the father knew he got the bike, but had no proof that father consented.
LEGAL QUESTION
Can the contract be repudiated due to limited knowledge of the contract by the father?
REASONING
Judge noted that contract was not for the benefit of the boy. Contract was not ratified by father in accordance with de
Beer v Estate de Beer “it would require clear and satisfactory evidence to prove that he, being absent at execution had
knowledge of terms of antenuptial contract, and consented to his minor daughter entering into and executing such
contract.” No evidence that plaintiff (father) had knowledge of terms.
ANSWER TO LEGAL QUESTION
Yes, as ratification requires informed consent by guardian (must know material terms of contract). Contract is rendered
invalid except to the extent to which minor benefitted.
OUTCOME
The appeal is granted. Magistrates judgement converted into judgement for the plaintiff for 21 pounds (25 paid by son +
3 for tyres- 7 as possession allowance).
