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Would this verdict stand in an Irish court

  • 01-10-2008 12:42pm
    #1
    briantwin
    Registered Users, Registered Users 2 Posts: 505 ✭✭✭


    Just a hypothetical here. But something i saw on one of those American court shows and wondered if the judgement would be the same in Ireland.

    A person leaves their car in the possession of a friend while they are abroad for several months. On returning home they discover the car was given away by the person they left it with. When the 3rd party was contacted they notified the owner that it had been stolen. Now the owner never gave permission for the car to be given away or used by anyone else. Now on the show the judge found in favour of the plaintiff, the defendent (the person who the car was left with) was ordered to reimburse the plaintiff for the cost of the vehicle.

    Just wondering would this apply in a similar case in Ireland.


Comments

  • #2
    Johnny Utah
    Registered Users, Registered Users 2 Posts: 2,157 ✭✭✭Johnny Utah


    Yes, I think that a similar verdict would be reached here. The friend (some friend btw) clearly acted outside the terms in which the car was meant to be handled, ie. it was implied that the car would be looked after, not given away.

    There is a similar situation in burglary, whereby if a friend is asked to "look after" a house, and he enters a certain part of the house which is clearly off limits (eg. enters a locked bedroom door) or steals furniture from the house, then he has acted outside the terms of the licence, and may be prosecuted for burglary.


  • #3
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    What if he left a cheap peice of junk to rot on my driveway. Yes, he could leave there for a reasonable period, but after three month's and he still hasn't removed it...I try to contact him and cannot as he is abroad.

    It is abandoned and i could in my opinion dump it or give it away.
    To make me liable after such a length of time you would need almost a written contract i would imagine.

    As for looking after someone house to be called burglar, phew!,

    Would that apply to a relative who legally would be a householder.


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