Legal Definitions - necessities

In a legal context, necessities refer to the fundamental goods and services that are essential for a person's survival, health, and basic well-being. These are typically basic human needs that, depending on the circumstances and legal relationship, one party may be legally obligated to provide for another, or for which a person with limited contractual capacity (such as a minor) can still be held responsible.

• Example 1: Child Support Obligations

  After a divorce, a court orders one parent to pay child support to the other. This financial support is intended to cover the child's necessities, such as food, appropriate clothing, shelter, basic medical care, and educational expenses.

  This example illustrates necessities because the court recognizes these items as indispensable for the child's proper upbringing and development, and therefore legally obligates a parent to contribute to their provision.

• Example 2: Contracts with Minors

  A 17-year-old, living independently due to unusual family circumstances, enters into a contract to rent an apartment and another to purchase groceries from a local store.

  Here, the apartment (shelter) and groceries (food) are considered necessities. While minors generally have the right to void most contracts they enter, contracts for necessities are often an exception. This legal principle ensures that minors can obtain essential items for their survival even if they lack full contractual capacity, preventing them from being unable to secure basic needs.

• Example 3: Guardianship for an Incapacitated Adult

  A court appoints a guardian for an elderly individual who has been deemed mentally incapacitated and unable to manage their own affairs. The guardian is legally responsible for making decisions on behalf of the incapacitated person.

  The guardian's primary duty includes ensuring the individual receives all necessities, which would encompass securing suitable housing, providing nutritious food, arranging for necessary medical treatments and medications, and ensuring personal care services are met. These are the fundamental requirements for the incapacitated person's health and safety.