The Gazette 1975

BOOK REVIEWS Ivamy (E. R. Hardy)—General Principles of Insurance Law. Third edition. Pp. 646. London, Butterworth, 1975. £16.00. Messrs. Butterworth have published a series called "In- surance Library" and Professor Ivamy is such a master of the subject that he has also published the other three volumes in the series, namely "Marine Insurance", "Fire and Motor Insurance", and "Personal Accident, Life and other Insurances". There has been much juris- prudence on this subject in England since 1966, when this work was first published, and the learned author has covered the case law in the various chapters very fully; those who read the Preface carefully, will find the recent cases listed. The volume consists of seven parts—Part I—Introductory (Chapters 1 to 6) contains such matters as Parties, Classification and Nature of a Contract of Insurance. Part II—The Making of a Con- tract (Chapters 7 to 15) specifies offer, acceptance, non-disclosure and misrepresentation. Part III—The Policy (Chapters 16 to 35) deals with alteration, rectifi- cation, renewal and exceptions and conditions attached to policies. In Part IV—The Claim (Chapters 36 to 40), the doctrine of proximate cause, and burden of proof are dealt with. Part V—The Settlement of Claim (Chapters 41 to 48) contains such matters as re-instate- ment, subrogation and contribution. Part VI—Agency in Insurance Transactions (Chapters 49 to 53) specifies relationships between principal and agents as well as third parties. Finally Part VII—Miscellaneous (Chap- ters 54 to 55) deals with conflict of laws and the effect of war. It will thus be seen that this masterly work is fully comprehensive, and absolutely essential for all practi- tioners specialising in Insurance Law. Bullen (E.), S. M. Leake, and I. H. Jacob—Precedents of Pleadings in the Queen's Bench Division in the High Court. Twelfth edition by I. H. Jacob. 8vo. Pp. cxc, 1457. (Common Law Library No. 5). London, Sweet & Maxwell, 1975. £ 2 5 . 0 0 . This reviewer once heard a lecture on arbitration pro- cedure delivered by Master Jacob, Senior Master of the Supreme Court in England, and he was struck with the ease and clarity which the learned lecturer dealt with the most intricate points of practice which he obviously knew thoroughly. It was only fitting that the task of bringing out a new edition of Bullen & Leake should be entrusted to his capable hands, Lord Denning had pointed out in his foreword, Master Jacob has re-cast the work entirely, brought in all the countless modern developments in the law, and framed new forms of pleading, and it is therefore most appropriate that his name should be added to the title of the work. In the course of a lengthy Preface explaining these new steps Master Jacob has emphasised : (1) The famous 3rd edition of Bullen & Leake (1868) faithfully mirrored the pre-Judicature Acts system of pleading. (2) Since the Judicature Acts of 1873 and 1875, plead-

ings have continued to play the predominant role in the practice and procedure of the Supreme Court. Accurate clear and intelligible pleadings are as essential today as they have ever been. (3) It would have been easy to follow the previous form and content hallowed by tradition. Such a course would seem to elevate veneration to the point of idolatry. He had therefore decided to re- plan, refashion and rewrite the whole work. (4) The former arrangement of the work has been entirely discarded, and replaced by a simpler and more modern arrangement. There are now just Statements of Claims and Defences, without dis- tinguishing between Contract and Tort. (5) There has been an increase in the number of separate subjects for which a precedent has been provided, such as confidential information, negli- gent misstatement, and rectification, whereas the titles "Negligence", "Money", and "Carriers" have been subdivided. There are now 111 Sections of Statements of Claim, 115 Sections of Defences and 15 Sections of Subsequent Pleadings. (6) The valuable explanatory notes have been brought up to date. (7) As pleadings are of crucial importance in the machinery of justice, a clear, coherent, logical and comprehensive examination of the Systems of Pleadings will be found in Chapter 1. (8) Precedents are a practical guide or model, and should be used only with care, circumspection and intelligence, and should be varied and adapted as may be necessary. The Statements of Claim alone cover 700 pages and are arranged alphabetically from "Account" to "Work and Services". The Defences cover more than 400 pages, and are also arranged alphabetically. In view of the current high prices of printing and binding, it was inevitable that this most masterful book of precedents should be published at a high figure, but practitioners who often have actions in the Superior Courts could not do without it, as it is absolutely indispensable. The publishers are to be congratulated on adding to the Common Law Library a volume of precedents that is infinitely more worthy than its pre- decessors. Those of us who had already advanced our knowledge of Commercial Law under Professor Borrie's expert guidance will not be surprised that the Dean of the Faculty of Law in Birmingham has produced no less than four editions of his learned work since it was first published in 1962. Professor Borrie has wisely concen- trated on seven subjects—Agency, Sale of Goods, Hire Purchase and Consumer Credit, Negotiable Instru- ments, Insurance Law, Contracts of Employment, and Contracts with a Foreign Element—and has stated the essential law. Perhaps the greatest service he has ren- .231 Borrie (J. G.)—Commercial Law. 4th edition; pp. 396. London: Butterworth, 1975; £5.80 (limp).