Also known as: necessary · doctrine of necessaries
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Goods or services essential for basic sustenance such as food, shelter, clothing, and medical care. One spouse may be held liable for necessaries purchased by the other even without express consent. The doctrine enforces support obligations between spouses and from parents to children.
Goods or services essential for basic sustenance such as food, shelter, clothing, and medical care. One spouse may be held liable for necessaries purchased by the other even without express consent. The doctrine enforces support obligations between spouses and from parents to children.
Nathaniel Newman purchased emergency surgery for his wife after an accident. The hospital billed Nathaniel directly under the doctrine of necessaries. Nathaniel's obligation arose because medical care qualifies as an essential item of support regardless of his prior consent to the specific treatment.
Nina Nielsen ordered school uniforms for her minor son from a retailer. When payment was refused, the retailer sued Nina under the necessaries doctrine. Nina's liability attached because clothing is an essential item required for the child's basic welfare.
Goods or services essential to a minor's well-being and subsistence. A minor remains liable in quasi-contract for the reasonable value of necessaries furnished even though the underlying contract is voidable. Recovery is limited to restitution rather than the contract price.
Nicholas Nunez, age seventeen, bought groceries on credit from a local market after his parents stopped providing support. The market sued for the reasonable value of the food. Nicholas remained liable in restitution because groceries constitute necessaries even though he could otherwise disaffirm the contract.
Nancy Nelson, a sixteen-year-old emancipated minor, rented an apartment after leaving home. The landlord sought the reasonable rental value after Nancy attempted to disaffirm. Recovery was permitted because housing qualifies as a necessary for which the minor remains liable in quasi-contract.
Goods or services essential to a minor's well-being and subsistence. A minor remains liable in quasi-contract for the reasonable value of necessaries furnished even though the underlying contract is voidable. Recovery is limited to restitution rather than the contract price.
Each sense below has its own examples, sources, and questions.
Nalini Narula's husband refused to pay for her prescribed medication. The pharmacy billed the husband directly. Liability followed because prescription drugs are necessaries that one spouse must furnish to the other under the support obligation.
Necessaries include food, shelter, clothing, and medical care required for basic sustenance. Courts determine the scope based on the family's circumstances and the dependent's actual needs. One spouse may be held liable for such items purchased by the other without prior consent.
Yes. At common law a merchant could sue the husband for the value of necessaries furnished to the wife. Modern statutes in many jurisdictions extend similar liability to either spouse or have replaced the doctrine with gender-neutral support obligations.
Neville Norton received urgent dental treatment while still a minor. The dentist sought payment of the reasonable value after Neville disaffirmed the agreement. The claim succeeded because medical care is a necessary for which restitution remains available despite the minor's lack of capacity.
No. A minor is liable only in quasi-contract for the reasonable value of necessaries furnished. The minor may still disaffirm an executory contract for necessaries, but restitution for benefits received is permitted to prevent unjust enrichment of the minor.
No. Emancipated minors may also be held liable for necessaries, and the range of items considered necessary is often broader when the minor is living independently or married. Courts examine the minor's actual living situation and standard of living to decide what qualifies.
…cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot…