Necessaries - Indian Laws - General

Term necessaries As per Black s Law Dictionary: What constitutes necessaries for which an admiralty lien will attach depends upon what is reasonably needed in the ship s business, regard being had to the character of the voyage and the employment in which the vessel is being used. In Bouvier s Law Dictionary: The term necessaries is not confined merely to what is requisite barely to support life, but includes many of the conveniences of refined society. A racing bicycle was held a necessary for an apprentice earning 21s. a week and living with his parents; 78 L.T. 296 In Ballentine s Law Dictionary: Under the maritime law permitting the master of a ship to pledge the owner s credit for necessaries, the word does not import absolute necessity, but the circumstances must be such that a reasonable prudent owner, present, would have authorized the expenditures, and it is usually sufficient if they are reasonably fit and proper, having regard to the exigencies and requirements of the ship, for the port where she is lying and the voyage on which she is bound. 48 Am J1st Ship 133. In 70 American Jurisprudence 2d, at page 478, it is stated: The term necessary in this connection does not mean indispensable to the safety of the vessel and crew; necessaries which will create a lien upon the ship are such as are reasonably fit and proper for her under the circumstances, and not merely such as are absolutely indispensable for her safety or the accomplishment of the voyage. Whatever a prudent owner, if present, would be supposed to have authorized, the master may order, and for such expenditures the vessel will be held responsible. The term necessary is a term of art but the same cannot, in our opinion, be used in a limited context of mandatory claims made for goods or services supplied to a particular ship for her physical necessity as opposed to commercial operation and maintenance. Physical necessity and practicality would be a relevant factor for determination of the said question. LIVERPOOL AND LONDON S.P. AND I ASSON. LTD. VERSUS M.V. SEA SUCCESS I AND ANR. - 2003 (11) TMI 627 - SUPREME COURT