LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXIII, Issue 172, 23 July 1942, Page 2

LEGAL INQUIRY COLUMN

A.R.A.—(I) You will be liable if you were negligent unless you can prove that your passenger accepted the invitation on the basis of the ticket, and that the injury was not caused by a breach by you of a statutory duty, as, for instance, a breach of the traffic regulations. (2) and (3) The notice is some protection, but it does not excuse you from breaches of a statutory duty. (4) There was a New Zealand case. Strand v. Dominion Airlines, Ltd., decided in 1931, and reported in the 1932 Law Reports, brought by a passenger in an aeroplane. This case deals with the points you raise. (5) The driver of an army vehicle is liable personally for all damage caused by his negligent driving. The driver is not deemed an employee of the Crown, so the Crown is not liable. If the driver is without means, you have no legal remedy worth pursuing. HOME BREW.—The making of home brew is not prohibited. You can make it of any strength that you wish. The regulation you have in mind prohibits the selling of commodities prepared or packed solely for the purpose of making intoxicating liquors. It does not apply to such articles as sugar, hops or malt, which may be used for purposes other than the manufacturing of intoxicating beverages. MRS. B.—You cannot prevent the creditor from suing you if he wishes to do so. It is probable that if you continue paying the account by small payments that no summons will be issued. If you are sued, you have no defence to the claim, but if further proceedings are brought to enforce the judgment, you should appear and explain your financial position to the Court. CONSTANT READER.—The receipt of your share of the purchase money on the sale ol the house will not affect your age benefit at all. Your benefit will not be affected if you board your sister. J.C.L.—It is probable that the bank will pay out without the production of probate. In these circumstances there will be no need for you to engage a solicitor to handle the estate, and it will not be necessary to obtain probate of the will.