PARENTS NOT LIABLE

Taranaki Daily News, 2 December 1938, Page 6

PARENTS NOT LIABLE

DEBTS OF CHILDREN

AUTHORITY NECESSARY

HAWERA COURT MENTION Parents are not liable for debts incurred without their authority by their children. This little known aspect of the common law was mentioned incidentally in a civil action in the Hawera Court yesterday. The case concerned was one in which a dentist was proceeding against a father, now separated from his wife, for payment of dental fees incurred by his son and it was adjourned because one witness was not available. Counsel's Contention. When the application for the adjournment was under consideration the solieitor appearing for the defendant oontended that his client could not be held liable unless it were proved that he authorised the dental work. He quoted a case at Palmerston North in which, a dentist sued a man for the cost oi dental work for his daughter, who was still 4t school. The court there held that even if the work were necessary the defendant, not having expressly or impliedly authorised it, was not liable. THie leading case on the point was one decided in 1840, Mortimere v. Wright. In an interview a Hawera solicitor said that the aspect of law raentioned was one which did not appear to be generally known to the public. Quoting Halebury he said there was no obligation on a father to repay debts incurred by his children or money paid to the use of his children by a third person, whether necessary or otherwise, unless the father expressly or impliedly contracted to do so or authorised incurring the debt or paying the money. He pointed out, however, that , children were themselves liable for payment for , their own "neoessaries."