Necessaries - Definition - Law Dictionary Home Dictionary Definition necessaries

Definition :

Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.

Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infant or to a person who, by reason of mental incapacity or drunkenness, is incompetent to contract, he must pay a reasonable price therefor.' [(English) Sale of Goods Act, 1893, s. 2]

While husband and wife live together, and goods supplied to the wife are necessaries, both in quality and quantity, the law raises a presumption of assent on the part of the husband to the contract, and renders him liable upon it. Under the law of principal and agent, necessaries are a question of fact in the particular circumstances of the case. The mandate may be revoked or limited, e.g., by express notice to persons supplying goods. See Lush, 'Husband and Wife.' See HUSBAND AND WIFE.

The master of a ship has an implied authority to bind the owner to pay for 'necessaries' for the ship ordered by the master at any port; and this term includes whatever the owner as a prudent man would have ordered himself if present; and the amount due may be recovered in the Probate, Divorce, and Admiralty Division of the High Court of Justice, or, if the sum does not exceed 150l., in a county Court having Admiralty jurisdiction, (Eng-lish) Admiralty Court Act, 1861 (24 & 25 Vict. c. 10); (English) County Courts Admiralty Jurisdiction Act, 1868 (31 & 32 Vict. c. 71), s. 3; (English) Judicature Act, 1925 (15 & 16 Geo. 5, c. 49).

Under s. 4 (2) of the (English) Workmen's Compen-sation Act, 1925 (15 & 16 Geo. 5, c. 84), a partial dependant is one who is partially dependent on another for 'the ordinary necessaries of life suitable for persons of his class and position.' Here, 'necessaries' has the same meaning as has been attached to it in other connections, e.g., in cases of infants' contracts, Kennedy v. Horden Collieries Ltd., (1925) 2 KB 438. It does not, however, include savings, Welsh Navigation Steam Coal Co. Ltd. v. Evans, 1927 AC 834.

The term 'necessary' means what is indispensable, needful or essential, J. Jayalalitha v. Union of India, (1999) 5 SCC 138: AIR 1999 SC 1912 (1922). [Prevention of Corruption Act, 1988, s. 3(1)] [S. 9(1), Cr.P.C.]