The Gazette 1967/71

the client would not have heeded the advice, appear^ to follow from the fact that the onlv witness on this issue in the Sykes case, though pressed by the trial judge, could say only that he did not know whether the advice would have been heeded or not. — (The New Law Journal, March 19. 1970) BOOK REVIEW KEETON (George W.) and Lionel A Sheridan — Equity — 8 vo., Pp. LXXX, 585, Belfast, Northern Ireland Legal Juarterly Inc., 1969, . £5. Profesor Keaton's "Introduction to Equity" and "The Law of Trusts" and Professor Sheridan's "Irish Supplement" to these works have been combined in a more extensive manner in this composite volume. It need not be stressed that the 1925 property legislation has made radical alterations to English law, and, to say the least, it was courageous of the authors to provide a textbook on Equity that would be as useful to English as to Irish lawyers. As far as the latter are concerned, this attempt would appear to have failed, because presumably space prevented the authors from mentioning at least 50 important Irish decisions, which have been checked. This is unfortunate, because the book is well printed, and the contents, as far as the English practitioners are concerned, are most readable. In a subsequent edition, it would be worth adding a few pages to incorporate these vital and essential Irish decisions: the manner in which the Succession Act 1965 is tackled in footnotes in dealing with Administration of Estates would hardly appeal to readers and would require elaboration in the text. The fact that the Irish Judicature Act of 1877 has no application to current Irish Courts estab lished under the 1937 Constitution by the Courts (Establishment and Constitution) Act 1961 has not been noted. The distinction between the Irish Free State Courts arising from the Courts of Justice Act 1924, and the Republic of Ireland Courts established in 1961 which the Supreme Court has emphasised has not been noted. The learned authors set themselves a task which proved to be too ambitious as far as Irish law are concerned. One can only add that the expense of issuing a separate volume incorporating the Irish case law on Equity, particularly in the last 50 years is more essential now than ever.

DANGERS OF SIGNING CONTRACTS WITHOUT LEGAL ADVICE The attention of the Society has been drawn to the dangers attendant on purchasers signing contracts or conditions of sale by private treaty •or public auction without reference to their solicitors. The Society has made available to members standard conditions of sale by public auction and private treaty which endeavour to represent a fair balance between the interests of vendors and purchasers. It is however virtually impossible to reconcile such interests in every case. Apart from the general standard conditions there are always special stipulations as to title, closing dates, interest a;nl other matters on which a prudent purchaser will need to have professional advice. In the ordinary way the conditions of sale by public auction, prepared by the solicitor are handed out to the auctioneer having carriage and purchasers frequently call on the auctioneers offices to take up a copy of the contract. In some cases the purchaser will sign the contract in the presence of the auctioneer without any further advice. Jt is not part of the duty of the solicitor for the vendor or the auctioneer to explain to a prospective purchaser the various stipulations in the agreement insofar as they affect the rights and obligations of the purchaser. All that the solicitor for the vendor or auctioneer need do is to fill in the amount of the price, the deposit and where appropriate the auctioneer's fee. The con tract, when signed by the purchaser and accepted by the vendor is binding on him. Members of the public who complete contracts for the purchase of property without advice from their own solicitors run the risk of losing their deposits or suffer other adverse financial consequences. This is particularly the case when the purchase money is being brought with the aid of a loan to be secured on the title deeds of the premises. Even if the loan is not subsequently forthcoming the purchaser would be held to his bargain with the vendor.

CORRESPONDENCE

3rd June, 1970

Dear Mr. Plunkett,

T think the Society sometime ago was contemt>Iating issuing a general form of Requisitions on Title and 43