Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: A wife living with her husband has the implied authority of the husband to buy articles of household necessity. The husband is legally liable to pay the amount for the same.
FACTUAL SITUATION: Sunitha and her husband are living together. On 20th April, 2005, Sunitha bought a diamond necklace on credit from National Jewellers. She told them that Sundar will pay the price which was Rs. 1.5 lakhs. Sundar has not paid the amount.

• A. National Jewellers cannot recover money from Sundar through court.
• B. National Jewellers can recover money from Sundar through court.
• C. National Jewellers will have to first proceed against Sunitha, if she does not pay, then Sundar is liable to pay.
• D. Sunita can ask her parents to pay the amount.

Answer 1

Answer: (B)

National Jewellers can recover money from Sundar through court.

The most common example of an 'implied agency' between husband and wife may be seen where the wife purchases household necessaries on credit. A wife who lives with her husband is supposed to have an implied authority of her husband to purchase goods of domestic necessity on credit. The husband is bound to pay the price of goods. Such presumption seems to depend on social environment where a wife is normally supposed to look after domestic affairs. She may, therefore, be compelled by circumstances to purchase household goods on credit without her husband's authority.