英文法律词典 N-11

NEAT or NET, contracts. The exact weight of an article, without the bag, box, keg, or other thing in which it may be enveloped¹.

NEATNESS, pleading. The statement, in apt and appropriate words, of all the necessary facts, and ne more. Lawes on Pl. 62.

NECESSARIES. Such things as are proper and requisite² for tlie sustenance³ of man.

2. The term necessaries is not confined merely to what is requisite barely to support life, but includes many of the conveniences of refined society. It is a relative term, which must be applied⁴ to the circumstances and conditions of the parties. 7 S. & R. 247. Ornaments⁵ and superfluities of dress, such as are usually worn by the party's rank and situation in life, have been classed among necessaries. 1 Campb. R. 120; 7 C. & P. 52; 1 Hodges, R. 31; 8 T. R. 578; 3 Campb. 326; 1 Leigh's N. P. 135.

3. Persons incapable⁶ of making contracts generally, may, nevertheless, make legal engagements for necessaries for which they, or those bound to support them, will be held responsible. The classes of persons who, although not bound by their usual contracts, can bind⁷ themselves or others for necessaries, are infants and married women.

4. - 1. Infants are allowed to make binding⁸ contracts whenever it is for their interest; when, therefore, they are unprovided with necessaries, which, Lord Coke says, include victuals⁹, clothing, medical aid, and "good teaching and instruction, whereby he may profit himself afterwards," they may buy them, and their contracts will be binding. Co. Litt. 172 a. Necessaries for the infant's wife &lad children, are necessaries for himself. Str. 168; Com. Dig. Enfant, B 5; 1 Sid. 112 2 Stark¹⁰. Ev. 725; 8 Day, 37 1 Bibb, 519; 2 Nott & McC. 524; 9 John. R. 141.; 16 Mass. 31; Bac. Ab. Infancy¹¹, I.

5. - 2. A wife is allowed to make contracts for necessaries, and her husband is generally responsible upon tbem, because his assent¹² is presumed, and even if notice be given not to trust her, still he would be liable for all such necessaries as she stood in need of; but in this case, the creditor¹³ would be required to show she did stand in need of the articles furnished. 1 Salk. 118 Ld. Raym. 1006. But if the wife elopes, though it be not with an adulterer, ho is not chargeable even for necessaries; the very fact of the slopement and 'Separation, is sufficient to put persons on inquiry¹⁴, and whoever gives credit to the wife afterwards, gives it at his peril¹⁵. 1 Salk. 119; Str. 647; 1 Sid. 109; S. C. 1 Lec. 4; 12 John. R. 293; 3 Pick. R. 289; 2 Halst. 146; 11 John. R. 281; 2 Kent, Com. 123; 2 St. Ev. 696; Bac. Ab. Baron¹⁶ and Feme, H; Chit. Contr. Index, h. t.; 1 Hare & Wall. Sel. Dec. 104, 106; Ham. on Parties, 217.