DEBTS INCURRED BY CHILD

Taranaki Daily News, 17 March 1928, Page 15

DEBTS INCURRED BY CHILD

PARENTS NOT RESPONSIBLE. WARNING BY MAGISTRATE. The question of the liability of parents for debts contracted by their children formed the subject of some interesting comments by Mr. R. W. Tate, S.M., in the Magistrate’s Court at New Plymouth yesterday. The magistrate said he was sure that tradespeople did not fully appreciate the legal position, and were not aware that parents were not liable for debts contracted by their children without their authority. In the case before the court, it was stated that a girl purchased a pair of shoes for 33s 6d, and had them entered to her father’s account. Accounts were sent out to the father regularly each month, but no acknowledgement was received, nor was liability repudiated. . After the lapse of about two years the collection of the debt was assigned to a local association, and the request by thil association for payment was said to be the first intimation the father had had that the debt was in existence. The father interviewed the tradesman concerned, and in the course of conversation, it was stated, he made a promise to pay. This, said counsel for the plaintiff, was tantamount to an admission of liability. The defence maintained that no such promise to pay had been given, but on the other hand the father had denied liability and expressly stated that he would not pay except by an order of the court. Counsel for the defence maintained, therefore, that there was no implied contract to pay. He accordingly moved for a non-suit, which was granted. It was intimated that there were other cases pending, as debts amounting to a large sum had been incurred by the young lady without the knowledge of her father. In reply to a question from the magistrate, who said that if the decision in the first case already dealt with woulc. have any effect on the other cases, he would reserve his decision, counsel said he thought that each case should be taken on its own merits.