• Robert Spicer

Legality Of Children’s Parties

Yesterday, it was widely reported that a five year old boy had been sent an invoice for £15.95 for missing his friend’s birthday party. The mother of birthday boy decided to invoice the father of Alex Nash after he failed to show up at her child’s party, which left her out of pocket and his parents had her details to contact her. The mother, Ms Lawrence, has threatened proceedings through the small claims court if Alex’s parents refuse to pay.

For a small claim to be successful in this instance, there must be a contract. For there to be a contract, there must also be an intention to create legal relations and consideration, i.e. price. Clearly, no such situation arises in the case of a five year old’s birthday party. A five year old is also legally incapable of creating binding contractual relations.

While Ms Lawrence is out of pocket, perhaps there would be an alternative approach to recovering the fees spent as opposed to threatening court action via a five year old boy…

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