Cost of repairing criminal damage

bod1467

Organiser sent OP an email agreeing to pay for damage caused = contract agreed. Failing to pay what was agreed = breach of contract.

hollydays

pendragon_arther wrote: »

I agree, I don't think it's a criminal act. Perhaps a person's intent defines whether it's criminal or civil.

The definition of criminal damage includesbeing "reckless" as to whether they are causing damage. Could that be relevant? I don't know.

arcon5

bod1467 wrote: »

Organiser sent OP an email agreeing to pay for damage caused = contract agreed. Failing to pay what was agreed = breach of contract.

Where is the contract formed? There is no 'consideration' for starters. Agreeing to pay for damage caused to somebodies property doesn't constitute a contract. It's compensation.

arcon5

RS2000. wrote: »

What's that got to do with it?

That's theft and nothing to do with damage.

The organiser and landowner had an agreement with no doubt included the marking out of a course. A third party was then instructed on mark out said course.

The third party has a lawful excuse so isn't guilty of criminal damage. So the organiser has paid him not to comit a criminal offence. Hardly similar to you paying someone to nick a car.

Where does op say that? Op says they agreed to pay for the damage they've caused in an email - not that they sought permission to use his property as a marker.

And the point of the car was just because the act wasn't committed directly by the organiser doesn't make him exempt from criminal charges.

RS2000.

arcon5 wrote: »

Where does op say that? Op says they agreed to pay for the damage they've caused in an email - not that they sought permission to use his property as a marker.maybe the op should have clarified how the course would be marker out before the event.

And the point of the car was just because the act wasn't committed directly by the organiser doesn't make him exempt from criminal charges.

Have you actually read the criminal damage act?

George_Michael

arcon5 wrote: »

Where is the contract formed? There is no 'consideration' for starters. Agreeing to pay for damage caused to somebodies property doesn't constitute a contract. It's compensation.

According to some law based websites, agreeing to pay for damage can be classed as consideration.

Consideration is an essential element of a legally binding contract. Enforceable contracts governed by English law are concerned with the bargain reach between the parties by an exchange of promises which have value, and is required to be exchanged by each of the parties as an element for the agreement to be legally binding.

Consideration is a thing which has value in the eyes of the law or a promise to do something. This reciprocity is fundamental to contracts in English law. In this way there is a benefit to and a burden for each party entering into a binding contract. What is the benefit of the contract for one party is the burden of the other.

http://www.drukker.co.uk/publications/reference/contractual-consideration/#.VYMaZbd3uvE

Or this one

http://legal-dictionary.thefreedictionary.com/consideration

Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other.

There was a mutual promise in place.
The OP promised to let the race go through their land and the organiser promised to pay for any damages caused.

I realise that ultimately it would come down to a judge's opinion as to exactly what constitutes consideration, but given the two examples above (and there are others available), I don't see why they wouldn't agree that a contract had been formed.

unholyangel

George_Michael wrote: »

According to some law based websites, agreeing to pay for damage can be classed as consideration.

http://www.drukker.co.uk/publications/reference/contractual-consideration/#.VYMaZbd3uvE

Or this one

http://legal-dictionary.thefreedictionary.com/consideration


There was a mutual promise in place.
The OP promised to let the race go through their land and the organiser promised to pay for any damages caused.

I realise that ultimately it would come down to a judge's opinion as to exactly what constitutes consideration, but given the two examples above (and there are others available), I don't see why they wouldn't agree that a contract had been formed.

existing obligations cannot amount to consideration. Also, the OP has received no benefit here and OP's "consideration" is past (which means its not consideration)


There has been a breach. But it is a breach of duty of care rather than a breach of contract.