Legal Conundrums

NZ Truth, Issue 570, 20 May 1916, Page 4

Legal Conundrums

i<By\"AN HONEST^LAWYER.")

- v^*' v — - All matter for treatment In thia column to be addressed to tha Legsl Editor, "Truth" Office/Wellington. It mutt be understood that whileevery effort is made to secure accuracy, Truth" can assume no responsibility, •he querist must send name and ad« r ® 8 *? not; necessarily for publication, out as a auarantee offload faith. " C w^ ntei r < F oxton).-Where the worker Ms totally incapacitated for JJJ.T'^k" 14 da ys. he is- entitled under the Workers' Compensation , h»iV;£ a weekly Payment of one- * naif the average of his weekly earni?m a \ th ! Ume of the accident, but Simn « not exceed £2 10 /- P^ week. ' nffi?**' you were earning four Shh™* Week the time of the SSS «« yott would be entitled to £% nt >* ° ne -half of this sum. vis., if XI r e S* , WJlere the incapacity wmni y hf artla L the weekly payment * ffi d JB one-hatt the difference bebefoA it t Ve fl ge weekly earnings 2M accident and the weekly amount the worker earns or is capMedici : ! arnin * W- the accident, tn < .« Xp S nsea can be claimed up *° t , £ . lfor l first aid. Be sure and SnL°!: mal 5 0tic6 of *** accident, it ■■'SortS su ? c fent the Xr ™^r g , lects t0 submit himself Sa-*? 6 *^ within a month of the accident, after beln* Th 2 re , a i° ?° so - hla rl e hta i^« tne act absolutely ceases, and if ho <.a P JX h / ! f JlL ghts are suspended. ■ (Ashburton).-An agent's authority may be conferred upon him cv * n « after he has done tho act au^ thorised. when such act was done ; on the principal's behalf and ratified by Mm. "Omnla ratihabito retro trahitur et mandate priori compara- . tur.y. v A confirmation relates back and, is equivalent to a command. An „ agent cannot delegate his authority unless .wltt the express or implied a-uthorlty of his principal "Interested" ( Ashburton) .—The . evlv dence required In afflliation cases ii ■but slight, when the girl's testimony is corroborated. The girl's friend is sufficient corroboration. If it la allowed to go m, uneontradieted. The magistrate no doubt decided on questions of fact, and the Supreme Court rarely upsets the decisions In these cases. m , "Ji'W." (Napier).— The Moratorium Act operates ohly m oertain cases. You do not give the particulars. Do so and you will be duly advised through this column. "Justice" (Gore).— (l) Judgment having been given against .rbu on your -, own confession, it is top late to produce receipts. The court will not take;. cognisance, ».(2) The judgment creditor has no need to furnish you < with further details of the account; '. .(3) The bailiff may not breakC open °V^ r $ oor * o f windows, byt he mny open Inner doora once he gains posBGBalon. In order to levy on diatrainable goods. "Maori" (Chrlstohurch).— The amount involved is so small that it will not be worth your while to go to any considerable trouble. The best adVlce that can be giyen you under the circumatances is to drop the matter. "A." P." (Greymouth).— The act of ona person Inducing another not' to enter Into a contract is ridt m Itself an actionable wrong, and the fact that it was done maliciously does not make it so. There is a case, however, on record, "Qulnn v. Leatham," the plainUff wos a, butcher,, who had a^dJspute with a Km& "union ''of ' which, the defendants were officials, with respect to. tho employment ot certain workmen who were not members of the union, The defendants requested the plaintiff to dlsobargo these men, but the plaintiff refused. ..With. a, view to compelling htm to do so the defendants brought pressure to bear upon the plaintiffs chief customer, who declined to deal further with tho plaintiff for the reason that he (the customer's) workmen would be called out. The plaintiff was held entitled to sue for damages for tbe loss sustained occasioned by the withdrawal of the oustomer. This case is quoted to show you tho difference of v legal induct*- ■ meut and an Illegal one. Trade union : oflloiols cannot hide themoolves behind their raemberfi. It Ib ■ good, policy to have these resolutions recorded by i -^the way of a special minute. "Boarder" (Onehunga). —^Any person ' who is on the premises by the leave and license of the occupier, may on the termination of that llcenso suo or have ejoctod as a trespasser If after request he falls to leave the premises. Tho license may be rovokod at any time. A license is only irrevocable where It is specifically enforceable. Where a person for instance buys land m order to fell timber upon such land, license to enter tho land to remove the timber cannot be unreasonably withhold for a reasonable time. ••Watqr.-rlffhiß"* (Otago).--(l) Tho question of a riparian ownor has been gone into several times m this column. Ask your bookseller to get you a copy of the paper of February 12; (2) You are entitled to the undiminlshed How of the stream; (3) Every owner of land on the banks of a stream has a natural easement * entitling him to the continued flow of that stream m its natural condition. To erect a barrier against tho natural flow la actionable at law and any harmful alteration of the natural quality of the water is pollution for whloh damages may be recovered. "Shopkeeper" (Wellington).—•NorUgenoo Is a breaoh of a legal duty to take care. It is doing something which a prudent and reasonable man , would not do. "Imperltia oulpao adnumeratur." The driver of a cart left an errand boy Id charge, who tried to turn it, and m no doing, oollidod with a carriage. Tho master was held llablo for negligence. The only difference In your coso is that ono was a carriage and the other is n motor car. On the facts stated there does not appear to bo contributory negligence. Try and uctll* tho matter without going Into court. It's cheaper. "Neighbor" (New Plymouth).— (l) No injunction will be grantod where obodlenco is Impracticable "Qula, tlmot" action may be taken to prevent tho commission of an injury m tho future, but a strong case must bo presented to oonvtnce tho court that there tut a probability of the apprehended mischief m fact arising. Damages In substitution for an Injunction may be given. An order may bo made by the way of a mandatory injunction requiring tho defendant to do some positive act for \ht> purpona of putting an ©n<l lo ft wron«tu) mate of thing* created ur him: (3) Tho occupier of land Is liuble . not merely for oauMlng the escape of deleterious thing*. m>t n\no for failing to prevent such encap*, wen where the exlttenco of ih» source of danger Is unknown. ; » "Nuisance" (To Are).— Where the land Ii let with ft nuisance on It, ana ihW;, In no contract between the landlord i nnd the tenant to getvVld of U, both landlord and lonant are )l«bl«j far the continuance of nuch nulHanc<*. A \wm<& m liable tor » nul«*ne<» created on hii land, although he Ik not m actual occupation and although orouied by Htr^tMtttr*, If he (kUowa sodb nuisnaoo or «■***•* to tt.