Legal Definitions - necessaries

In legal terms, necessaries refer to the goods or services considered essential for a person to maintain a healthy, safe, and comfortable life. What qualifies as a necessary is not fixed; it depends significantly on an individual's specific circumstances, including their socio-economic status, background, and established standard of living. Therefore, necessaries can extend beyond mere basic survival items like food and shelter to include things that are crucial for maintaining one's accustomed lifestyle or specific well-being.

In some legal contexts, particularly within marriage, a concept known as the doctrine of necessaries may apply. This doctrine holds one spouse responsible for the costs of essential goods and services provided to the other spouse, even if they did not directly agree to pay for them. Historically, this doctrine was gender-specific, but in modern law, it is generally applied in a gender-neutral manner.

Here are some examples illustrating the concept of necessaries:

• Example 1: Child's Educational Needs

  A court might determine that a child's necessaries include not only basic food and housing but also tuition for a specialized school, tutoring services for a learning disability, or adaptive equipment for a necessary sport (e.g., a specialized wheelchair for a child participating in adaptive sports). These items, while not basic survival needs, are deemed essential for the child's proper development, education, and overall well-being, aligning with their specific needs and standard of living.

• Example 2: Professional Tools and Services

  For a self-employed graphic designer, a high-performance computer, specialized software licenses, and reliable internet access might be considered necessaries. While not traditional "necessities of life," these tools are indispensable for their livelihood and ability to earn income, which directly contributes to their healthy and comfortable life. Without them, they would be unable to maintain their established standard of living.

• Example 3: Vehicle Repairs under the Doctrine of Necessaries

  Imagine a married couple where one spouse's car, which is their sole means of commuting to work and attending regular medical appointments, breaks down and requires significant repairs. If that spouse is temporarily unable to pay, the other spouse might be held liable for the repair costs under the doctrine of necessaries. In this scenario, the vehicle's repair is deemed essential for maintaining the first spouse's ability to earn income and access vital services, thereby contributing to their overall well-being and standard of living within the marriage.