The Gazette 1961 - 64

where a purchaser moves into new property; and (2) an implied term that there is liability for all defects appearing in the property within 2 years from erection. A tenant should have the right to determine the lease and not pay rent if the premises no longer exist owing to fire, enemy action or inevitable accident. In commercial law, the problem of consumer protection is urgent. The defects of the rule " Nemo dat quod non habet " and its current exceptions are fully exposed. In a motor care hire-purchase transaction, the dealer should be vested with the full obligations of a seller, and the finance company should be made the dealer's principal and surety. Exorbitant interest rates in such transactions should be severely curtailed. Insurance proposal forms are described as traps for the unwary, as most people are not aware that the truthfulness of the answers is the basis of the policy. In company law, the transfer of assets from one private subsidiary com pany to another, all being subsidiaries of a public company, makes the accounts of public companies more than usually incomprehensible to its share holders. In the case of an amalgamation, or the sale of assets of a company, the directors should be bound to compensate their employees for loss of employment. Arbitrary expulsions, as well as unjustified expulsion from trade unions, should be liable to heavy penalties. In criminal law, the age limit for criminal responsibility for children should be raised to 14, the McNaghten Rules should be thoroughly revised ; the death penalty and the doctrine of constructive malice in murder should be abolished. The Courts should have no power to declare that particular acts are public mischiefs. The detention of accused by the police for questioning is described as illegal and most objectionable ; instead suspects should be brought before a justice for questioning, where he need not answer incriminating questions. As regards bail, it is an undeserved hardship for an innocent man to be sent to prison to await trial, and the defence of the accused is made more difficult. Magistrates are too often ready to refuse bail when the police oppose it without reason, and this is often used as a weapon to procure unjustified information from the prisoner. If bail is refused, sentences should date from the first day of imprison ment. As regards Revenue law, the principle of "One Taxpayer—One Assessment" should be applied ; the taxpayer should be assessed on the basis of the current year. As regards legal education, the continuing tendency in law teaching to look to the past rather than to the present, and to extol antiquated rules and practices is deplored; more

was covered by his £1,500 a year retainer. He was not entitled to the profit costs of the 1961 ballot rigging action and the other actions in which he acted for the Union. The Judge said he would allow Mr. Tarlo half his profit costs concerning accident claims, from which should be deducted 20 per cent, of his retainer. He described the case as a "backwash" of the ballot rigging affair of 1961. Daily Telegraph & Morning Post, Thursday, March jth, 1964. LAW REFORM ~Law Reform Now. Edited by Gerald Gardiner and Andrew Martin. London: Gollancz, 1963. Soy- Lord Gardiner has assembled a leading group of Labour lawyers to present the views of the British Labour Party on law reform. As there are different contributors to the various topics, the book is rather uneven, but, at its best, it is excellent. Members may not agree with many of the reforms mentioned, but at least this volume will give them plenty of food for thought. Strong support is given in renaming the Lord Chancellor's Office the Ministry of Justice, and that the Court of Criminal Appeal should consist of appellate judges only. There would be five full-time law commissioners who would supervise law reform. As regards the law of evidence, it is pointed out that, if civil juries are abolished, there is nothing to prevent the amendment of the rules excluding hearsay, secondary evidence of documents, and relevant evidence tendered on behalf of an accused. The fact that there can be no well-founded criticism of judicial proceedings on account of antiquated contempt of court rules is severely criticised. In contract, standard form contracts which have to be accepted are rejected on the ground of no proper negotiation; these documents should be construed according to equity. The suppression of the doctrine of consideration is advocated while the doctrine of mistake is said to be full of abstruse technicalities. Specific performance should be granted as of right in cases of breach of contract. Except in regard to property transactions, infants should be able to contract at 18. In tort, negligence should be concerned not with punishing carelessness, but in compensating the injured, and an appropriate insurance scheme should be considered. Could criminal prosecutions and civil claims for negligence not be combined ? As regards property, easements are said to be a confusing morass of ancient rules. Property developers and builders should be compelled to include the following in their contracts : (i) A warranty that the house is fit for human habitation,