The Gazette 1964/67
rates are available. A limited number of scholar ships covering all or part of the expenses of attending the programme, will be provided. Ap plications for admission and scholarships should be directed to Professor G. J. Scholten, Executive Director, Juridisch Instituut, Oudemanhuispoort 4, Amsterdam, The Netherlands. CASES OF THE MONTH Payment of Deposit to Estate Agents — Personal Liability of Vendor The English Law Society's GAZETTE of Feb ruary 1967, Vol. 64, Number 2, at page 69 under the general heading of Practice Section, contains the following note : — The Council have recently considered the case fo Coding v Frazer (1966) 3 All. E.R. P. 234. In that case, an estate agent arranged a sale of land subject to contract' and accepted a de posit from the potential pourchaser on that basis. No contract was ever entered into between the purchaser and the vendor, and subsequently the estate agent became insolvent. The purchaser sued the vendor for the amount of the deposit. It was held that the vendor was liable to repay the purchaser the amount of the deposit, since the deposit had been accepted by the estate agent as agent for the vendor; but the judge went on to say that even if the estate agent had been regarded as a stakeholder, the risk of his insolvency while retaining the deposit in his hands would still fall on the vendor. The attention of the profession is drawn to this decision, so that it may lie borne in mind when advising vendor-clients. The Council ap preciate that vendors often do not consult their solicitors until after a deposit has been paid to an estate agent, in which case it will be too late foi the solicitors to advise." The Incorporated Law Society's Standard Con ditions of Sale provide that deposits should bo paid to the vendor's solicitor to be held by him on exchange of contracts as stakeholder. If the Society's recommendations were followed, then the risk of loss referred to in the above case would not arise. Solicitor — Name and Style of Practice On 1st August, 1955, the plaintiff David Lee, commenced practice as sole 'partner' as a 'solicitor under the firm name of 'Tringhams'. His evidence on affidavit was that 90 per cent of the goodwill which he had built up attached to his own name of 'David Lee,' and only 10 per cent to that of 'Tringhams'. On 1st January, 1967, the defend- 125
Rose Mary Durcan, Laurence R. Egan, Thomas Des mond Fleming (B.C.L.), Robert M. Flynn, Anthony T. Hanahoe, Elizabeth A. Heffernan (B,C.L.), Desmond J. Houlihan (B.C.L.), Paul McLaughlin, Thomas G. E. Neville, Donnchada O Buachalla (B.C.L.), James F. O'Higgins (B.C.L.), Charles G. R. M. de Lacy Staunton, Brian Woodcock. 35 candidates attended : 19 passes. THRID LAW EXAMINATION The following candidates passed: — Passed with Merit Niall P. Connolly (B.C.L., LL.B.). Passed Fergus Armstrong (B.C.L., LL.B.), Eric Brunker (B.A.), Albert D. E. Burke (B.C.L.), Thomas F. Figgis (B.A.), Pamela Hussey, Alan Vincent Kelly, Michael J. A. Kelly, Patrick J. Kevans, Gerard Anthony Kirwan (B.C.L.), William James Montgomery, Peter F. R Murphy, Cornelius Leo McCarthy (B.C.L.), Maire Noonan, Maeve T. O'Donoghue (B.C.L.), Hugh B J. O'Donnell (B.A.), John C. O'Donnell, Michael O'Dris- coll, Michael O'Shea (B.C.L.). 25 candidates attended: 19 passed. On the combined results of the Second and Third Law Examinations the Council has awarded a Special Certi ficate to Niall P. Connolly (B.C.L., LL.B.). Summer Programme in American Law will be offered at the Amsterdam Law School, from July 3 through July 28, 1967. The course is designed to provide a general introduction to the American legal system with emphasis on other areas of particular interest to European lawyers. There are four compulsory courses to wit, Introduction to the American Legal System, Civil Procedure, Constitu tional Law and Contracts. There are four elective courses namely, The Legislative Process, Criminal Law, Law of Evidence, and Trust Law. Participa tion in the compulsory courses is required; in addition, each participant must attend at least two of the elective courses. Ten hours of class room discussion are scheduled for each course. Study materials will be distributed in advance, and adequate preparation for classroom discussion is expected of each participant. The courses will be taught in English. Classes will meet both in the mornings and in the afternoons. The programme is open to lawyers and ad vanced law students who are proficient in English. Tuition for the whole programme including study materials is 150 Dutch guilders. All participants are required to live in Amsterdam for the duration of the programme. Accommodation at non-profit AMERICAN LAW The Leyden-Amsterdam-Columbia
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