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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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My 14 year old son (and his friend) damaged someone's

Resolved Question:

Hi
My 14 year old son (and his friend) damaged someone's fence by kicking it once (each). They kicked and damaged a few panels. Police are involved and the boys have said they did this. We are willing to pay for the damage the boys caused, but the person, whose fence got damaged has got a quote for the repair. The quote is for the whole fence, including the metal posts to be replaced. The fence is 4.8 metres long. Can he expect us to pay for a whole new fence, even though the boys only damaged part of it, which we are very willing to pay for. It appears the fence is old and he just wants a complete new fence out of this
thanks Pam Storey
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

Hi

I would like to know whether they can make us pay for the whole fence or do we only need to pay for the damaged part of the fence. The boys damaged a small area of fence which is lattes not panels, but this man wants his whole fence replacing

Pam

Expert:  Jo C. replied 2 years ago.
Are you prepared to risk a criminal charge?
Customer: replied 2 years ago.

What is that?

Pam

Expert:  Jo C. replied 2 years ago.
That the police will charge him and send him to court where he would have no option but to admit the offence?
Customer: replied 2 years ago.

For me that would not be a problem as he has caused the damage and should be punished, but he has already admitted to the damage and there is no dispute. The police interviewed him and asked whether he wanted a solicitor.

We are aware that as parents we have to pay for the damage, which is not the problem, but they are expecting us to replace the whole fence when only part of it is damaged. Can they expect us to pay for the whole fence when he has only damaged part of it.

Pam

Expert:  Jo C. replied 2 years ago.
What they are offering is a conditional caution though on the condition that you pay for the damage. If you do not then he will be charged and sent to court where he will get a criminal record.
In terms of your actual liability, you are responsible for him under the law of negligence but only to the extent of the damage he caused. If it is possible to repair one panel to restore the remaining fence adequately then that is all you will be forced to do at the civil courts.
However, the risk you bear is that in the meantime he will be charged and sent to court.
Can I clarify anything for you?
Jo
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