英国论坛
A five-year-old was billed for failing to attend a friend’s birthday party - resulting in threats of legal action.
Alex Nash, from Cornwall, was invited to the party just before Christmas.
An invoice for £15.95 was sent by his schoolfriend’s mother Julie Lawrence, who said Alex’s non-attendance left her out of pocket and his parents had her details to tell her he was not going.
Alex’s father Derek said he had been told he would be taken to the small claims court for refusing to pay.
Alex’s parents, from Torpoint, had accepted an invitation to the party at a dry ski slope in Plymouth, Devon, just before Christmas.
However, they realised their son was double-booked and due to spend time with his grandparents, which he did.
line
Analysis: Clive Coleman, BBC legal correspondent
It is all but impossible that Ms Lawrence will be able to recover the £15.95 party “no show fee”.
Any claim would be on the basis that a contract had been created, which included a term that a “no show” fee would be charged.
However, for there to be a contract, there needs to be an intention to create legal relations. A child’s party invitation would not create legal relations with either the child “guest” or its parents.
If it is being argued that the contract is with the child, it is inconceivable that a five-year-old would be seen by a court as capable of creating legal relations and entering into a contract with a “no show” charge.
It’s amusing to imagine what a children’s party invitation seeking to create a contract might say: "I, the ‘first party’, hereinafter referred to as the ‘birthday boy’, cordially invite you the ‘second party’, hereinafter referred to as ‘my best friend’, to the party of ‘the first party’.
line
His parents said they had no contact information for Ms Lawrence at that time.
They found the invoice in a brown envelope in his schoolbag last week.
Mr Nash said: "It was a proper invoice with full official details and even her bank details on it.
"I can understand that she’s upset about losing money. The money isn’t the issue, it’s the way she went about trying to get the money from me.
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I do think it is reasonable! But would know if Alex said he would come or not.
If he promised to come but still not, the fee is quite necessary. That will teach one how to keep his promise!
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这是一个谈话当放P的人遇到一个奇葩的case.
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能够了解，然而做法有点恶心。
生日趴是算坏蛋头的，catering, 场地，还有扮演等等，好多都是先算坏蛋头再预约的，说好了去后果不去起码应该把礼物或支票送去，no show的确不礼貌啊，那主家也没须要再对这类人客气。
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这钱我感觉应该付，然而party家长做法不敷和缓
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要我的孩子真的去不了，我会想尽方法通知人家，并且礼物铁定少不了的。还记得我孩子上一年级第二个礼拜就有让填一张分割表，很快就家长人手一张，始终相互分割，没有分割形式这个说法是由于不care。
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我结婚的时分老私有家亲戚说好来又没有来
一整张桌子空着的
好想找他们讨回！
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要钱家的孩子当前估量会有交友难题
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