NCJ Number
95509
Journal
Clearinghouse Review Volume: 17 Issue: 11 Dated: (March 1984) Pages: 1192-1200
Date Published
1984
Length
8 pages
Annotation
This article proposes that shelters for abused women and children collect operating funds through the law of 'necessaries,' a legal doctrine that holds husbands and fathers liable for necessary goods and services provided to their wives and children.
Abstract
The law of 'necessaries' is explained, and the way in which a shelter would use the law is described. In the classic necessaries case, a merchant provides services to a wife on credit. When she cannot pay, the merchant sues the husband for reimbursement, claiming that the services were necessaries. To take advantage of the necessaries doctrine, a shelter must operate in the status of a merchant. The shelter-merchant can develop a simple recordkeeping system to qualify for necessaries litigation. The system should record (1) names and addresses of service recipients; (2) names, addresses, places of employment, bank accounts, and other major assets or income sources of husbands/fathers; (3) services provided; (4) dates of services; and (5) charges for services. The benefits of necessaries litigation are discussed; for example, the structuring of operations required to achieve merchant status may result in a better organized and more efficient operation. Justice will be served by imposing the cost of services upon those whose actions make the services necessary. Finally, money recovered through litigation will allow for less reliance on government financing. The status of the necessaries doctrine in the 50 States and in the District of Columbia is summarized. Nineteen references are included.