The 12 Days of Christmas christmas tree
- A Legal Perspective
A light hearted look
at a seasonal tale...

By the time you get to the twelfth day of Christmas, popular myth dictates that you will have received 5 gold rings, 23 birds of differing varieties and 50 people engaged in a range of activities. And that’s only if you don’t repeat any of the verses!

The question as ever with unwanted gifts is what to do with them? The birds are clearly problematic as well as noisy and troublesome. Of course the first question is whether your ‘true love’ has kept the receipt and even if they have, can they find it.

In any event returning such items may not be possible under the terms of any contract. If ordered online the Distance Selling Regulations may allow a cooling off period of 7 days but you would need to sort this out quickly. Perhaps the best solution would be to set them all free save for the hens which may keep you in eggs.

For the other 'live' gifts, you may not have the room, or the stamina to keep them for long once the novelty has worn off! Furthermore we can foresee problems; The eight milking maids may have a claim for sex discrimination or redundancy if they’re replaced by a milking machine.

The nine dancing ladies and ten lords a leaping could get together with one lord to spare. In either case there may be a health and safety claim if the dancing and leaping space is too small.

Both the pipers and the drummers are likely to have noise related issues. Your neighbours are likely to complain and your local authority may consider issuing a noise abatement notice or an ASBO. Constant drumming could also lead to a personal injury claim for a repetitive strain injury.

Our advice at this time is to therefore, keep the rings and ask for a pair of socks next year..........

On a festive note, we take this opportunity to wish you a very merry Christmas. We hope that you have enjoyed our monthly updates throughout 2009 and we will be back in the New Year.

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