Thomas V Times Book Company

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''Thomas v Times Book Company''

966 Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine ...

1 WLR 911 is an English law case, in which the legal requirements of making gifts were explored.

Facts

On Monday 19 October 1953, writer

Dylan Thomas Dylan Marlais Thomas (27 October 1914 – 9 November 1953) was a Welsh poet and writer whose works include the poems "Do not go gentle into that good night" and "And death shall have no dominion", as well as the "play for voices" ''Under ...

told

BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...

...

producer

Douglas Cleverdon Thomas Douglas James Cleverdon (17 January 1903 – 1 October 1987) was an English radio producer and bookseller. In both fields he was associated with numerous leading cultural figures. Personal life He was educated at Bristol Grammar School and ...

that he could keep the original

manuscript A manuscript (abbreviated MS for singular and MSS for plural) was, traditionally, any document written by hand – or, once practical typewriters became available, typewritten – as opposed to mechanically printing, printed or repr ...

of the play ''

Under Milk Wood ''Under Milk Wood'' is a 1954 radio drama by Welsh poet Dylan Thomas, commissioned by the BBC and later adapted for the stage. A film version, ''Under Milk Wood'' directed by Andrew Sinclair, was released in 1972, and another adaptation of ...

'' – if he could find it. Thomas had lost the manuscript a few days earlier in a London pub, but Cleverdon had made copies. Thomas made the promise to Cleverdon as he handed over three copies in London's Victoria Station, from where Thomas was due to journey to America to promote the play. Thomas suggested a number of likely locations for the manuscript, and a day or two later, Cleverdon successfully found it. Unfortunately Thomas died whilst still abroad. His wife claimed the manuscript back, originally from the Times Book Company who had possession of it. Mr Cleverdon and another party were later added as defendants to the claim. The overall issue was the question of what is required to make a gift. The judge analysed this into what is required to deduce intention to make a gift, and what is required to make effective delivery of the manuscript as a gift.

Judgment

Plowman J found that there was intention to make a gift and there was satisfactory delivery, and therefore a valid gift was made. Because Mr Thomas had told Mr Cleverdon that the manuscript was his to keep, there was intention to make a gift and because Mr Thomas had told Mr Cleverdon where he might find the manuscript, and as Mr Cleverdon succeeded in finding it from one of those locations within two days, there was effective delivery. Although there were evidential difficulties about who said what at a railway station over twelve years before, and one of the parties was now dead, the judge did not dismiss the claim as being out of time. The judge followed the advice of

Brett Brett derives from a Middle English surname meaning "Briton" or "Breton", referring to the Celtic people of Britain and Brittany, France. Brette can be a feminine name. People with the surname * Adrian Brett (born 1945) English flutist and writer ...

MR in '' Re Garnett'' that he should be suspicious of claims made against dead men, as they are unable to argue for themselves, yet need not place any undue “corroborative” burden on the evidence of those still alive. He did however give more weight to Mr Cleverdon's statements than those of Ruthven Todd, who Mr Thomas met shortly on arriving in America, in finding that Mr Todd's evidence was second hand. The judge accepted Mr Cleverdon's evidence through logical inference. The day after the promise was made at Victoria Station, Mr Cleverdon told his secretary the story, even though Mr Thomas was still alive and due back in a few days. The judge reasoned that Mr Cleverdon would have not lied, as such a lie would have been quickly exposed if, as expected, Mr Thomas had returned safe and well.

Significance

Plowman J did not give a wide

ratio In mathematics, a ratio shows how many times one number contains another. For example, if there are eight oranges and six lemons in a bowl of fruit, then the ratio of oranges to lemons is eight to six (that is, 8:6, which is equivalent to the ...

. It is not clear whether a gift would have been made if Mr Thomas had not listed locations, or if the manuscript was not at those locations, or if it took much longer to find.

Notes

{{DEFAULTSORT:Thomas V Times Book Company English property case law High Court of Justice cases 1966 in United Kingdom case law

Facts

Judgment

Significance

See also

Notes