Originally Posted by Bigmuz7
I put it to the court that the children are an irrelevance .. the club got the use of the safety boat as requested and that side of the contract verbal or otherwise was honoured. The kids went along for the ride, and probably gained very useful experiance in doing so. As the obligations to the club were fulfilled, the stingy club should get their cheque book out, and if they dont, time to cut 'em loose m'lud and sue 'em
The honourable genetleman is of course correct that the club gained provision of a safety boat and skipper, however it is my understanding that payment was made for this at the rate originally agreed in the contract. The evidence presented here would suggest that this matter is not under dispute. It would appear that the club required additional personnel on board a vessel to be "qualified safety boat crews" (or over 16 depending upon the evidence - but since the age restriction is implicit in the former the net effect is the same) to entitle them to the additional payment. By your own admission "the kids went along for the ride". Is it reasonable, m'lud, to expect the club to pay them for the pleasure?
Put differently -
Boat A + 2 Fully Qualified Safety Boat Crew/Helm = £350.
Boat B + 1 Safety Boat Crew/Helm and 2 kids = £450?
How would you feel as the owner of Boat A? Would you bring your boat next year? Would you bother to bring your second safety boat qualified crew or just drag your kids along ?
Given that no evidence has been presented to suggest that the club directly enterred into a "contract" with the owner of the vessel (i.e. that the club agreed the terms of the arrangement directly with the owner) then it appears that either Mr Garton or Mr S enterred into that contract as unauthorised agents on behalf of the club - and therefore perhaps responsibility for paying for the kids falls to one of those parties?
PS I think the club are very niave calling it "wages" in their email.
PPS I can think of no better way to stop it "snowballing out of control" than posting it on the web!