Friday, April 18, 2003


With regards to the issue on whether a forfeit is transferable, it is prima facie non-transferable. However, in deciding a specific case, we will have to consider if the request is reasonable. For this, a "proximity" test will be conducted.

If there exist a proximate relationship between them i.e. 2 parties r so close tt it hurts the person seeing the forfeit being done more than the actual person performing it. Eg. Kelly gets a forfeit and is supposed to piggyback Heatsink and walk 15 metres on the foot reflexology path. Heatsink can't even bear to let her piggyback him on normal ground let alone walk on such treacherous terrain.

For this case, it will be held tt: "...it would be unjust to cause hurt to a man thru causing hurt unto his loved one. A man should be granted the right to inflict detriment upon himself for the benefit of the woman he treasures on his own free will."

Heatsink will be able to piggyback Kelly and walk the path for her instead.

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