1941-05-14 — Page 41

THE CHINA MAIL, MAY 14, 1941.

Puisne Judge's Decision In Driving Tuition Fee Case

WRITTEN JUDGMENT was given by Mr. Jus- tice P. E. F. Cressall at the Summary Court this morning in a case in which Atter Singh, represented by Mr. C. A. Russ, claimed the return of $70, money paid to Q. W. Sing (represented by Mr. Kan Yuet- kung, of Messrs. Deacons) for a course in motor driving.

Mr. Justice Cressull said:--

"The following are the facts which gave rise to the action:

"On the facts as proved to my satisfaction, therefore, I hold that there has been not even a partial

RETAIL

TRADE

PROBLEMS

failure of consideration since 1 The

an satisfied that the defendant

performed his undertaking to the best of his ability and skill,

There will, therefore, be judg- ment for the defendant with

The plaintif being desirous of obtaining a licence to drive # motor car arranged with the defendant, who is the owner of a driving school, to take a course of lessons in the mysteries of the art of driving a car in Hong Kong | costs." and the adjacent territories. It was agreed between the parties that the fee for the course should he $55 and a sum of $30 wus paid on account."

Receipt Wording

"The defendant thereupon gave the plaintiff a stamped receipt

worded as follow: ---

"Tu a comprehensive course of motor driving tuition until pro- fleient to pass the Police Test for a local private car licence inclu-

MENACES CHARGE

President of the Board of Trade yesterday announced the appoint- ment of a committee to advise him on problems confronting retail traders.

The committee's terms of re- Accused of having demanded | ference wil be "To examine pre- $60 with menaces from Kwok Lo sent problems of the retail trade at Yaumati Typhoon Shelter on

In goods other than food, having both to the immediate was

regard re- Monday, Tan Mui, 28.

needs of the conduct of the war manded 48 hours by Mr D. J. N. Anderson Kowloon for further and to the position alter the war, enquiries.

and to report."

Det-Sgt. Bethell of the case.

0

18 in charge

the Mr. Lyttelton, who made announcement in reply to Com- mons questions, added that he proposed, as soon as the committee sive of ear and gasoline fly SHORTER BAYONETS had had time for preliminary five dollars ($55.00). If no driving

discussion, to consult with the tuition is given money will be

The Indian Army, it was an-chairman, Mr. W. Craig Hender- refunded, Received with thanks nounced in Simla yesterday, is to son, with the object of preparing $30 (thirty dollars) on account.” have shorter bayonets, which have one or more interim reports on "IL appears that the words been found to be more effective, the more urgent aspects of the limited to fifteen hours driving" tn patrol work, says Reuter, | subjects... British Wireless. were inserted by the defendant, but these were subsequently erased presumably at the request of the plaintiff. The course was duly commenced, the plaintiff paying the balance of $25 during the period of the course. There is a conflict of evidence as to the actual number of lessons given, the plaintiff alleging that he re- ceived only eight of roughly 15-20 minutes each, while the defendant insists that he was given 15 to 20 lessons of 50 minutes each. Be that as it may, the fuel re- mains that on October 30, 1940. plaintiff presented himself for examination, but, unfortunately, or fortunately, as the case may be, failed to satisfy his examiner, "Thereupon a further arrange- the ment was made, whereby plaintiff was given extra lessons for an additional sum of $15. On December 30, he made another attempt to pass the examination but once again was dooined desappointment.

to

"The question I have to deter- mine is whether, in these eircum- stances, the plantiff is entitled to! clann his money back.

Failure Of

Consideration

"It is common ground that, as a general rule, a person is entitled! to recover on a total failure of the consideration but where money has been paid for an entire con- sideration and there Is only partial failure of such considera- tion neither the whole nor any part of such sum can be recover- ed.

"Thus where a plaintiff uppren- ticed his son to a watchmaker and jeweller for the term of Mix years paying to the master a premium of £25 and the master died after having given only one year's instruction, it was held on an action brought to recover the whole or part of such premium. that the failure being only partial the action was not maintainable.

Correct Version

"Having carefully reviewed the evidence given, I have no hesita- tion in saying that I accept the defendant's version of the whole transaction as the correct one and I do not accept the plaintiff's statement that the understanding between them was for an un- limited course of instruction. } am satisfied' that the defendant taught the plaintiff to the best of his skill and knowledge and the fact that his pupil failed on two occasions to satisfy the examiners was not in my opinion due to Jack of tuition but to the 'plain- tiff's nervousness and lack of self- control.

“The plaintiff, himself admits) that he was nervous when un- dergoing the "testa and I fall to

· sea how any person, be hea tutor of motor car driving, cab- vedriving, or even rläkshaw.pull- #ing, can be expected to include #laures forɛ nervousness in hlu curriculum,

Page

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