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GAZETTE
DECEMBER 1978
position rather baldly. Does this mean the lender is not
entitled to anything but a reasonable sum? Suppose the
infant purchases necessaries and pays an unreasonably
high price. Is the moneylender only entitled to a sum of
money consistent with a reasonable price for the goods
actually purchased? This leads to another point. Suppose
the terms of the loan provide for interest to be paid, which
it usually will. What is the position then? A relevant
authority on this point is the Irish case of
Bateman
v
Kingston
(1880) L.R. (Ir.) Vol. 4, 3 28, a case not cited by
the Law Reform Commission. This was an action
brought on promissory notes executed by a minor and his
mother in order to obtain £80 to be spent on necessaries.
The notes carried interest of 20 per cent. The money was
advanced and spent on necessaries. The plaintiffs, in an
action, effectively pleaded the proposition set out in
paragraph 3.13 above. Lawson J. rejected the view that a
promissory note bearing interest is actionable simply
because the money advanced on the security was spent on
necessaries: "There is no authority in the books in favour
of such a case, and it seems contrary to sound principle."
The learned judge did, however, leave open whether an
infant going into a shop and buying necessaries and
giving a bill of exchange not bearing interest may be
liable. It is suggested that in the light
Bateman
v
Kingston,
the Law Reform Commission will have to re-
examine the question of the liability of an infant when he
has received necessaries by using funds advanced by
another for this purpose.
The Law Reform Commission also examine contracts
which bind an infant unless they are set aside during their
minority or a reasonable time thereafter. Such contracts
are known, as voidable contracts and are comprehended
by situations where an infant acquires an interest of a
permanent nature. Such situations include contracts to
purchase shares: see
Dublin and Wicklow Ry.
v
Black,
(1852) 8 Ex. 180; contracts relating to land:
Slator
v
Trimble
(1861) I.R.C.L. 3 and contracts of Insurance;
Stapleton
v
Prudential Insurance
(1928) 62 ILTR 56.
The Law Reform Commission take the view that when a
minor repudiates such a contract, "he appears to be liable
for debts which accrued before repudiation." Para 3.20.
Authority for this view is attributed to
Blake
v
Concannon
(1870) IR 4 C.L. 323. This case is discussed
by Cheshire and Fifoot, a work which seems to have
provided the Commission with authority for several
propositions of law.
In fact
Blake
v
Concannon
does not go as far as to
constitute support for what can be termed the "accrued
rights" theory of Infants liability. In
Blake
v
Concannon
an infant took a lease. Rent was to be payable at 6
monthly intervals. The infant entered into possession and
enjoyed the land until 20th April 1867 when he
repudiated the agreement and left the property. Rent had
accrued on the 1st November 1866. Pigot C. B. found
that notwithstanding repudiation the portion of rent due
in November 1866 was recoverable. Nevertheless it was
not recoverable simply because the obligation had
accrued before termination. Pigot C. B. held in
Blake
v
Concannon
that the infants liability" arises from his
occupation and enjoyment of the land, under the tenancy
so created". It is clear from this and other parts of the
judgment, especially at pages 330-331, that liability was
imposed because to otherwise hold would result in
facilitating unjust enrichment by the infant. In other
words,
Blake
v
Concannon
does not fully support the
proposition advanced in Para 3:20 of the Law Reform
Commission's paper. This view can be tested in the
following way. Suppose the infant had not moved into
possession. According to the reasoning in Pigot C. B.'s
judgment liability would not have been imposed on him
because he neither occupied or enjoyed the property
obtained under the contract.
The Law Reform Commission do acknowledge that
their analysis is brief and the Commission state their
intention to examine the question of contractual liability
in greater detail. This is to be welcomed. It is my view,
however, that the second working paper is deficient and
that it would not be wise for the Oireachtas to lower the
age of majority without considering in some detail the
consequences in areas other than the age at which a
minor may contract a valid marriage.
If legislation is to follow along the lines of the draft Bill
set out in the working paper, Clause 3 (1) should be
amended to provide that a person should simply attain the
free age for marriage when he or she becomes 18 years of
age. Whether "a consent age for marriage" should also be
included will have to be determined by the Oireachtas as
the authors of the working paper acknowledged in the
summary paragraph 6 (3). To recommend a change in the
age of majority after examining only one consequence of
such a change strikes the present author as precipitous
and fraught with danger. We await the working paper on
the contractual and delictual liability of an infant and
suggest it be presented before the age of majority is
changed!
Solicitor
Forward Trust (Ireland) Limited, a Member of the
Northern Bank Group, offers a challenging career for a
Solicitor at its Head Office at
Griffin House, 7 Wilton Terrace, Dublin 2
Preferably, the successful applicant will have at least
four or five years experience, either in a commercial legal
department or in private practice, and will be keen to
take part in commercial activities.
The company is concerned with a wide range of
banking, credit finance and leasing activities. The
successful applicant will be asked to set up a department
to provide all the advice and legal work of the company,
which will involve implementing consumer legislation,
advising on leasing and industrial business relating to
plant and machinery and the taking of security in relation
to advances. Advice will also be required for the
company's own Litigation and Personnel Departments.
In return for hard work and ability there,is a g<x>d
salary, non-contributory pension scheme, house
mortgage and bank borrowing at reduced rates after a
qualifying period and other fringe benefits.
Please apply with brief details of yourself and your
experience to
Forward Tfust
[Ireland! Ud.
The Managing Director
Forward Trust (Ireland) Ltd.
Griffin House
7 Wilton Terrace
Dublin 2
208