The Gazette 1967/71

on the terms that the dealer would keep it while the proposal form went forward to the finance company and on the footing that if the transaction were accepted by the company it would form tht initial instalment. But as between the dealer and the finance company it formed part payment for the car which the Company was purchasing from him. If the transaction did not go through the dealer held the sum or its equivalent for the hire purchaser not because he was the agent of the finance company but because it was a cash sum deposited with him (the dealer) for a car which he was going to buy. (Branwhite v. Worcester Works Finance. The Times, llth July 1968). W. a widow aged about 67 was an old friend of B's deceased wife and lived in a flat about half a mile from B's home. After the death of B's wife B being 72 years of age and in poor health she cleaned the house and generally looked after him. In 1964 B made an offer that if W. would move in and live at his home giving up the occu pation of her flat to look after his house for the rest of his life she would have the house and contents on his death. It was eventually agreed that W. should move into the house and should have exclusive possession of one room, pay for her food and fuel, and should not receive any wages or salary. In December 1964 she moved into B's house having disposed of her flat. W. did all that was contemplated by the arrangement. B. died in February, 1966 without having made any arrangement regarding the house in W's favour. W. issued a writ against B's executors claiming specific performance of the agreement. The Ques tion arose as to whether there were sufficient acts of part performance to make the oral agree ment enforceable. It was held that to constitute sufficient Part Performance the acts must be referable to some contract and such that they might be to the alleged one; and they must be acts which prove the existence of some contract and were consis tent with the contracts alleged. The acts per formed by W. were sufficient and raised an equity in her favour and she was entitled to an order for specific performance. (Wakeham v. Mackenzie 112. S. J. 504). Specific performance, part performance of con tract

Negligence, remoteness of damage Due to the negligent driving of the defendant's servant a firehydrant on an industrial estate was damaged. As a result the main water supply had to be stopped some hours but the plaintiff's fac tory had its water supply cut off and lost a day's work. Held that the defendants were not liable in negligence to the plainti's since the latter having no propriety interest in the hydrent were affected consequentially rather than directly by the de fendant's negligence. (Electrochrome, Ltd. v. Welsh Plastics Ltd., [1968] 2 All E.R. 205). Landlord and Tenant Fire Insurance A lease contained a covenant by T to repay L the costs of insuring premises. L arranged a policy at Lloyds. T. obtained a quotation for an iden tical Lloyd's policy at a premium less by nearly £200 per annum. T now claimed that he was liable under the covenant to pay merely the lesser sum on the ground that it was an implied term of the lease that L in placing the insurance would act reasonably and not place an unnecessary burden on T. It was held that terms would not be implied into the lease merely because it was reasonable to do so but only if it was necessary in order to make the contract work. T was therefore liable to repay the larger Premium which L had ex pended. (Bandar Property Holdings Limited v. J. S. Darwen (successors) )Ltd. [1968] 2 All E.R. 305). Extradition Act, 1956 Geoffrey George Magee sought a Habes Corpus order to prevent his being extradited to Nor thern Ireland in relation to an attempted house breaking charge. Magee told the Court that he had been arrested on several occasions in Nor thern Ireland under the Special Powers Act and had been questioned about a raid on Hollywood barracks. He stated also that his home had been raided and that he had been before a Court in Belfast on an arms charge. He said that the Northern Ireland police might charge him with conspiracy in the raid on Hollywood barracks as there were photographs which would associate him with it. The President declined to receive a letter from the Inspector General of the Royal Ulster Cons tabulary on the grounds that it was not an oath. In his judgment the President stated that if he 47