Doctrine of Necessaries Law & Legal Definition


The necessaries doctrine comes from the English common law duty of a husband to provide for the necessary expenses of his wife and child. Under this doctrine a person selling goods to a wife or child can charge the husband or father. The condition is that the goods must be essential for the beneficiary’s sustenance. To prevail under the theory of the doctrine of necessaries, the provider of the necessary services or goods must show that:

(1)services or goods were provided to the spouse;

(2)services or goods were necessary for the health and well-being of the receiving spouse;

(3)the person against whom the action is brought was married to the person to whom the necessary services or goods were provided at the time such services were provided; and

(4)the payment for the necessaries has not been made.