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2 Newsl. 1 (1989)

handle is hein.journals/jwlrpt2 and id is 1 raw text is: Chaim Povarsky, Director Institute of Jewish Law Advisory Council (in formation) Dov Frimer Menachem Genack Howard,. Glickstein Aaron irschenbaum Sidney Kwestel Daniel Lander Nahum Rakover Ronnie F. Warburg Executive Committee Stephen Hochberg Sidney Kwestel Michael Rebibo Rena Seplowitz Dan Subotnik Dr. Bernard Lander, President Touro College Howard,. Glickstein, Dean Jacob D. Fuchsberg Law Center The Necessaries Rule Marital Unity Institute of Jewish Law NEWSLETTER Editor: Dr. Chaim Povarsky Associate Editor: Dr. Ronnie F. Warburg February 1989 TABLE OF CONTENTS I. A Wife Pledges Her Husband's Credit For Necessaries: A Chapter In Spousal Support Or Agency Law? 1. Activities of the Institute HI The Latest Word a. In Academia b. In the Courts and the Literature A WIFE PLEDGES HER HUSBAND'S CREDIT FOR NECESSARIES: A Chapter In Spousal Support Or Agency Law? By Dr. Ronnie F. Warburg In Lichtman v.Grossbard (No. 229) a nursing home operator sought to recover unpaid bills for nursing services from Mrs. Grossbard for the care of her late husband. On December 1, 1988, the New York State Court of Appeals unanimously upheld a decision of the Appellate Division that Mrs. Grossbard made no express agreement to pay for the services and had no statutory liability imposed by Domestic Relations Law to pay for services rendered to her husband. Though the common law rule that a husband's liability for his wife's purchase of necessaries, i.e. the necessaries rule, was not preserved for review, the court argued, inter alia: ,that the necessaries rule should be changed a matter of common law or constitu- tional principles because its validity has been undermined by changing legal and social concepts ... What are the 'legal and social concepts underlying the necessaries rule? How does the Jewish legal system deal with the issue of a husband's liability for his wife's purchase of necessaries? What are the implications of that issue for the legal status and capacity of a married woman within the context of Jewish property and contract law? The origins of the common law definition of the marital relationship can be traced to Blackstone's writings in his Commentaries on the Laws of England. Blackstone articulated the unities doctrine as follows: By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection and cover she

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