Thomas v Times Book Company
Encyclopedia
Thomas v Times Book Company [1966] 1 WLR 911 is an English law case, in which the legal requirements of making gifts
were explored.
told BBC
producer Donald Cleverdon that he could keep the original manuscript of the play Under Milk Wood
- 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.
. The judge followed the advice of Brett 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.
. It is not clear whether a gift would had 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.
Gift (law)
A gift, in the law of property, is the voluntary transfer of property from one person to another without full valuable consideration...
were explored.
Facts
On Monday 19 October 1953, writer Dylan ThomasDylan Thomas
Dylan Marlais Thomas was a Welsh poet and writer, Encyclopædia Britannica. Retrieved 11 January 2008. who wrote exclusively in English. In addition to poetry, he wrote short stories and scripts for film and radio, which he often performed himself...
told BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
producer Donald Cleverdon that he could keep the original manuscript of the play Under Milk Wood
Under Milk Wood
Under Milk Wood is a 1954 radio drama by Welsh poet Dylan Thomas, adapted later as a stage play. A movie version, Under Milk Wood directed by Andrew Sinclair, was released during 1972....
- 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 made 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 under the Limitation Act 1980Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
. The judge followed the advice of Brett MR
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
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 ratioRatio decidendi
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
. It is not clear whether a gift would had 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.
See also
- Re Garnett (1885) 31 Ch.D. 1, C.A, Re Cole, A Bankrupt [1964] Ch. 175; [1963] 3 W.L.R. 621; [1963] 3 All E.R. 433, C.A., Edginton v. Clark [1964] 1 Q.B. 367; [1963] 3 W.L.R. 721; [1963] 3 All E.R. 468, C.A.