The Calcutta Law Journal Short Notes of Cases Articles and other Matters April 1 1911

The County Court Judge gave judgment for the plaintiff holding that a new contract had been entered into between the parties by which the plaintiff forbore to sue the defendant or declare him a defaulter in consideration of the defendant’s promise to pay the debt at a future date. [...] The plaintiff a girl of 14 years of age a pupil at public elementary school was sent by her teacher for the teacher’s own purposes to poke the fire and draw the damper in the teacher’s private room. [...] The plaintiff obeyed and in doing what she was told to do her clothes caught fire and she was injured.' In an action against the teacher and the education authority claiming damages in respect of her injuries the jury found that it was a negligent thing on the part of the teacher to send the plaintiff to attend to the fire and they found a verdict in favour of the plaintiff. [...] Held that the teacher was liable but that as what was done by her was done not as part of the carrying on of the school but for a private purpose of her own the education authority were not liable for her act. [...] Transaction in the nature of bounty from child to parent are in equity always regarded with the greatest jealousy when taking place before the child is completely emancipated from the parental influence and this principle is not confiqed to gifts or donations properly so-called but extends to other benefits for example to a security executed in favour of the parent's credtors.