Cardozo Law Review
Abstract
The law presumes that a person who performs a valuable service for another will be compensated. However, a limited exception to this principle exists when the services are performed between family members. This exception, also known as the family member rule, is a nineteenth century creation that arose from the courts' understanding of the dynamics of the nineteenth century household. However, the household of the nineteenth century has all but disappeared from contemporary society. With the disappearance of this household, the issue that arises is whether the family member rule is still necessary. This Note argues that it is not and, as a result, should be abandoned.
Keywords
Contracts, Domestic Relations, Relatives, Estates and Trusts, Remedies
Disciplines
Contracts | Estates and Trusts | Law | Legal Remedies
Recommended Citation
Jonathan S. Henes,
Compensating Caregiving Relatives: Abandoning the Family Member Rule in Contracts,
17
Cardozo L. Rev.
705
(1996).
Available at:
https://larc.cardozo.yu.edu/clr/vol17/iss3/9