The Gazette 1964/67

POSITIONS VACANT Switzerland

proved, because the defendant's failure to take any steps to prevent the cause being heard unde fended amounted to a breach of an agreement, made with the plaintiff orally in June, 1960, to defend the divorce petition. A month after the hearing the defendant received a legal aid certi ficate, for which he had sent the plaintiff applic ation forms in August, 1961; the scope of the certificate was to defend the husband's suit and to cross-pray for relief. A month later, the defendant having drafted instructions to counsel, a confer ence with counsel was arranged which took place in January, 1962, the plaintiff being present. Counsel advised the plaintiff that she was in desertion, that there was no point in defending, if that were possible, but that she should claim maintenance for herself and her son. The plaintiff accepted this advice. In consequence no applic ation was made to set aside the decree nisi. The decree nisi which was subsequently made absolute. The plaintiff brought an action against the defendant for damages for negligence on the basis that a decree of divorce had thereby been pronounced wrongly against her, that she had lost the right to pray for divorce herself and claim maintenance for her son and herself, and that she had suffered in health. The defendant contended that counsel's advice given in confer ence had broken the chain of causation of damage. Held : (i) counsel's error in advising did not break the chain of causation of damage resulting from the defendant solicitor's prior negligence. (ii the plaintiff had lost (a) maintenance for her son, which would probably have been ordered but for the defendant's negligence at a rate of about 40s. weekly for eighty weeks (£160), (b) chances of protecting a future maintenance claim for herself when she ceased to be able to work (£750) and of successfully defending the divorce suit against her and of herself obtaining a divorce (£200); but she was not entitled to damages for mental distress, as her claim to damages lay in contract, not in tort. (Cook v. S. (1966) 1 All E.R. 248). Agency Commission The plaintiff agents accepted instructions "to sell" the defendants' business on the basis of false statements as to its financial condition. A pros pective purchaser was introduced who refused to go through with the transaction when the true facts became known to him. Upon the plaintiff's action to recover their agree commission from the defendants, held that in the absence of fraud their claim could not succeed. (Bradley-Wilson (1954) v. Canyen Gardens (1965) 52. D.L.R. (2d.) 717, British Columbia C.A.).

Applications are invited for a post of Deputy Director in the United International Bureaux for the Protection of Intellectual Property at Geneva in Switzerland. The duties of the post consist, in general, of assisting the Director in organizing and implementing the tasks of Birpi. Candidates should have : — (a) a wide experience in the field of indus trial property law and in the field of copyright law—particularly in their international aspects— or at least in one of these two fields, preferably with some experience in the other; (b) a University degree in law or equivalent professional qualification; (c) an excellent knowledge of one of the official languages (English and French) and at least a good knowledge of the other. Knowledge of additional languages would be an advantage. Age limit for- persons other than officers of Birpi; 55 as of January 1, 1967. The annual salary will be 86,184 Swiss francs subject to a deduction of approximately 9 per cent in respect of pension fund schemes. Persons wishing to apply should write to the Head of Personnel, Birpi, 32, Chemin des Colom- bettes, Geneva, Switzerland, for application forms. These forms, duly completed, should reach Birpi not later than June 15, 1966. Canada A good law clerk or junior solicitor is required urgently by a Canadian firm of lawyers who deal in Real Estate. Initial salary is $6,000.00 a year. Persons interested should communicate forth with and directly with John L. McDowell, Esq., Messrs. McGann, Fitzgerald, Roche & Dudley, Solicitors, 51 & 52 Fitswilliam Square, Dublin 2. LIBRARY ACQUISITIONS TO APRIL 1965 Section A— NEW ACQUISITIONS Albridge (C. T. M.): Service Agreements, 1964. Blanchard (Jean): The Church in Contemporary Ireland 1963. Blundell (L.) and G. Dobry: Town and Country Planning, 1963. Boulton (A. Harding): The Making of Business Con tracts, 1965. British Institute of Comparative Law: Symposium on European Convention of Human Riehts. November 1964. 12