- Published: September 4, 2022
- Updated: September 4, 2022
- Level: Undergraduate
- Language: English
- Downloads: 25
Case: David Versus Andrew Word Count: 498 Words Report on Court Visit I made a visit to a court in Guildford on Wednesday morning whereby David had sued Andrew for refusing to pay him money owed to him. The alleged debt had in fact been made Martin, Andrew’s son.
The court room was packed with audience which included relative from both the accuser and the accused i. e. Andrew and David. The Judge was there and other court official that included the prosecutor and the court clerk.
The court proceedings started at 10 o’clock and all the audience were already seated when the judge entered the court room. Everyone in the room stood to show respect to the judge and we sat down after he had sat.
The prosecutor started the court proceeding when he stood up to read the case that was to be heard to the judge. He read the charges David had sued Andrew with. The charge was that, on August 20, 2006, Andrew had sent his son Martin aged 15 years to his house to collect 5000. It was alleged that Andrew and David had agreed the previous day; David had agreed to lend Andrew 5000 on the following day. However, they did not agree how did not agree how the said money was to be collected.
The court heard that Martin arrived at David’s house in the afternoon and since it was unusual visit at David home, David was convinced that he had been sent to collect the money they had agreed. Without asking Martin whether he had been sent by his father, David handled a 5000 bill to Martin to take to his father.
On the side of Andrew, he said that he had about the debt from David one month from the date they had discussed about it, yet he had not received the money. He said that he was waiting for a confirmation from David on when to collect the money and since he never heard from him, he thought may be he was not willing to lend him the money.
According to some witnesses who were called from outside to testify, one of them was David’s wife who said he say Martin in their house on the fateful day.
According to Andrew, he denied that he can not send his son to collect such a large amount of money since he was still a minor.
It was held that even though, a father is not liable for the torts committed by his children unless he authorised the tort or if the tort was accessioned by his negligence. For this case, there was no evidence that Martin had been sent by his father to collect the money from David. Since Martin was in the age of minority, he could not be sued to recover the money because the tort committed was not independent of contract. (Hussain, 2002)
To my opinion, I can say that justice was achieved since one can not sue a minor and it would be immaterial to argue that a minor can be entrusted to carry such a large amount of money.
Hussain, A. (2002): General Principles and Commercial Law, East African Educational Publishers Ltd.
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