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Anil Agrawal (Retired)     09 March 2009

Paying Guest

Is friend's son staying with us a paying guest? 



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N.K.Assumi

N.K.Assumi (Advocate)     09 March 2009

 



MILLS v. WYMAN

3 Pick. 207 (Mass.1825).

[Levi Wyman, age 25, fell ill on his return from a sea voyage and, being poor and in distress, was cared for by Daniel Mills for about two weeks. A few days later, after all Mills's expenses had been incurred, Seth Wyman, Levi's father, wrote Mills promising to pay those expenses. When Seth Wyman decided not to pay, Mills sued him. From a direction of nonsuit, Mills appealed.]

PARKER C.J. General rules of law established for the protection and security of honest and fair-minded men, who may inconsiderately make promises without any equivalent, will sometimes screen men of a different character from engagements which they are bound in foro conscientiae to perform. This is a defect inherent in all human systems of legislation. The rule that a mere verbal promise, without any consideration, cannot be enforced by action, is universal in its application, and cannot be departed from to suit particular cases in which a refusal to perform such a promise may be disgraceful.

The promise declared on in this case appears to have been made without any legal consideration. The kindness and services towards the sick son of the defendant were not bestowed at his request. The son was in no respect under the care of the defendant. He was twenty-five years old, and had long left his father's family. On his return from a foreign country, he fell sick among strangers, and the plaintiff acted the part of the good Samaritan, giving him shelter and comfort until he died. The defendant, his father, on being informed of this event, influenced by a transient feeling of gratitude, promised in writing to pay the plaintiff for the expenses he had incurred. But he has determined to break this promise, and is willing to have his case appear on record as a strong example of particular injustice sometimes necessarily resulting from the operation of general rules.

A deliberate promise in writing, made freely and without any mistake, one which may lead the party to whom it is made into contracts and expenses, cannot be broken without a violation of moral duty. But if there was nothing paid or promised for it, the law, perhaps wisely, leaves the execution of it to the conscience of him who makes it. It is only when the party making the promise gains something, or he to whom it is made loses something, that the law gives the promise validity....

[Judgment ordered on the nonsuit.]

 

BHANU RASPUTRA

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     10 March 2009

yes, he is paying guest.pl. inform  room occupied by him. whether  seprate enternce . he has paid any amount  as paying guest? any writing . if no writing then , he is trasspaser. u lodge complaint at POLICE STATION for illegally entering premises, throw away his belonging outside premises.on above information is recived , we can give final advise.

RAKHI BUDHIRAJA ADVOCATE

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

My Ld. friend Bhanu Rasputra is absolutely right, I endorse his views.

ritu bhadana

ritu bhadana (advocate)     10 March 2009

 mr. bhanu is correct

BHANU RASPUTRA

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     14 March 2009

THANKS FOR CONFIRMING MY VIEW FRIENDS.

Swami Sadashiva Brahmendra Sar

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2009

pls provide sufficient details

Anil Agrawal

Anil Agrawal (Retired)     29 March 2009

 I have kept a paying guest who also happens to be my friend's son. He shares the same house in which I live, pays for food and shares certain living expenses. There is no separate entrance for him as the house has only one entrance. My limited query is: Does he have to enter into an agreement with me, do I have to inform the police, and take any other action? 


There is no question of landlord-tenant relationship. I have not parted with any part of my property. He may be prosecuting his studies today, may be working tomorrow and then move away after some time.


I think my question has not been appreciated. There is no question of throwing him out or throwing his luggage out. 

Ashey

Ashey   01 April 2009

He is deemed to be in permissive possession / licensee......


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