TIMMY wakes on Christmas morning, rubs his eyes and stumbles downstairs to the Christmas tree. He is overjoyed to find three presents, bearing a special stamp, stating that they are “Shipped from the North Pole”.
“Thank you, Santa!” he exclaims.
When Timmy’s brother and sister join him, they begin unboxing their Christmas gifts.
His sister unwraps a shiny pink tricycle before his brother reveals a collection of He-Man figurines.
Timmy’s gift is big and heavy.
He feverishly tears open the wrapping, but alas, his heart immediately sinks – A sack of potatoes!?
A handwritten note states; “Naughty boys don’t get presents”.
A devastated Timmy cannot believe it.
He shakes his fist at the sky and screams, “I have been on my best behaviour all year!”
When he calms down, Timmy makes enquiries with Grinch Law, seeking compensation on a “no win no fee” basis.
Proceedings are soon commenced in the Supreme Court of the North Pole.
The hearing is conducted before three judges; the Honourable Jack Frost, the Honourable Tooth Fairy and a particularly grumpy Chief Justice Easter Bunny presides.
At the hearing, under sworn testimony, Santa gives evidence to the effect that under Christmas Lore, he is granted the power to decide, in his sole discretion, who has been naughty and who has been nice.
He further states that his role is a gratuitous one and no contractual relations exist.
He is however, unable to adduce any admissible evidence of Timmy’s alleged “naughtiness”.
The Grinch argues that Santa’s conduct gives rise to an “equitable estoppel”.
He submits that Santa made a representation that nice children will be rewarded with presents.
He states that Timmy reasonably relied on the representation and by not receiving a present, he “suffered detriment”.
In his final submissions, The Grinch forcefully argues that it is unconscionable for Santa to resile from the promise of a gift, seeking “specific performance” and oddly, a lengthy jail term.
The Court refuses to entertain criminal sanctions but rules on the balance of probabilities, that Santa is “estopped” from denying Timmy a special Christmas gift, which with a click of his fingers, magically appears to the rousing cheer of the crowded Courtroom!
Merry Christmas to my devoted readers, clients, colleagues and amazing staff!
This column is not legal advice.
By Manny WOOD, Solicitor
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