Necessaries. Things requisite for the sustenance of man. - Steven J. Coker
Subject: Necessaries. Things requisite for the sustenance of man.
From: Steven J. Coker
Date: September 26, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier
  CHILDS & PETERSON, PHILADELPHIA

NECESSARIES. Such things as are proper and requisite for the sustenance of man. 

   The term necessaries is not confined merely to what is requisite barely to
support life, but includes many of the conveniences of refined society. It is a
relative term, which must be applied to the circumstances and conditions of the
parties. Ornaments and superfluities of dress, such as are usually worn by the
party's rank and situation in life, have been classed among necessaries.
   Persons incapable of making contracts generally, may, nevertheless, make
legal engagements for necessaries for which they, or those bound to support
them, will be held responsible. The classes of persons who, although not bound
by their usual contracts, can bind themselves or others for necessaries, are
infants and married women. 
   Infants are allowed to make binding contracts whenever it is for their
interest; when, therefore, they are unprovided with necessaries, which, Lord
Coke says, include victuals, clothing, medical aid, and "good teaching and
instruction, whereby he may profit himself afterwards," they may buy them, and
their contracts will be binding. Necessaries for the man's wife & children, are
necessaries for himself. 
   A wife is allowed to make contracts for necessaries, and her husband is
generally responsible upon them, because his assent is presumed, and even if
notice be given not to trust her, still he would be liable for all such
necessaries as she stood in need of; but in this case, the creditor would be
required to show she did stand in need of the articles furnished. But if the
wife elopes, though it be not with an adulterer, he is not chargeable even for
necessaries; the very fact of the elopement and separation, is sufficient to put
persons on inquiry, and whoever gives credit to the wife afterwards, gives it at
his peril.

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