Mating Duty to Support

Question 1

Can marital persons contract with each other?

Answer 1

• Generally yes but cts will look @ themclosely b/c of the relationship
• K on business matters:
  
  • generally enforcable, particular where they work together
• K involving domestic services
  
  • generally invalid b/c such services are deemed implicit in the marriage relationship

EXAMPLE:

One husband enters a contract with his wife to make dinner at home every night. A court will not enforce that. However, a chef working for a restaurant owned by a spouse could contract to make dinner every night in the restaurant.

Question 2

Is there an agency relationship between marital ptys?

Answer 2

• No, not established merely b/c of the marital relationship existence