The Gazette 1980

GAZETTE

MARCH 1980

ordinary experience, be required to prove that a solicitor had an authority to make a memorandum as to legal evidence of a concluded contract" is of considerable importance. It is of significance that, in the Irish Inter- continental Bank case and the Mclnerney v. Roper case, the question of the solicitor's authority was not challenged. The position with regard to house agents' authority to bind their principals, as distinct from auctioneers conducting a public auction where the authority to bind both vendor and highest bidder is clear, will depend on the facts of each individual case and it would be unwise to assume that the Court would readily reject the agents' implied authority on behalf of a vendor. The final point raised under this heading was a "general disclaimer", which apparently is being used by a substantial public company, to the effect that nobody has authority to bind the company until there is a contract executed by it under its seal. However ideal a situation this might be from the company's point of view, at first sight, it must be suggested that not very many parties might wish to deal with the company on that basis. At the very least, another party might wish to adopt precisely the same attitude, which would hardly be conducive to fruitful negotiations. (4) Booking Deposit While the position with regard to booking deposits cannot be said to be entirely clear, in the absence of any reported decisions, it is felt that the initial purpose of a booking deposit, as first introduced by builders selling new houses was to be merely an earnest of the Purchaser's good faith sufficient to induce the builder to reserve a particular house or site for the purchaser for the period necessary for him to complete a contract for the purchase of the house or site. It is believed that each party contemplates that neither party is absolutely bound, but that the prospective purchaser has a first option on the house providing that he moves smartly to enter into a contract. (The author is most grateful to Mr. Charles Meredith for the excellent notes which he took of the discussion which has enabled the writer to refer to the various points raised.) NATIONWIDE INVESTIGATIONS LIMITED Working in closest co-operation with the Legal Profession

Royal Trust Bank For Comprehensive Deposit Facilities Royal Trust Bank, a member of the Royal Trust Group of Companies, with assets under administration in excess of £10,000 million, provides comprehensive deposit facilities for professional advisors and their clients. Rates offered are extremely competitive and interest bearing deposit accounts with Royal Trust qualify as AUTHORISED TRUSTEE INVESTMENTS. For further information on rates payable on deposits of £5,000 and upwards please telephone Robert Phelan at Dublin 603111 or Val O'Mahony at Cork 500589. Royal Trust Bank (Ireland) Limited. Royal Trust House, 10/12 Lansdowne Road, Dublin 4. Friends Provident House, 26 South Mall, Cork.

126 Broadford Rise Ballinteer, Dublin 16 01 989964

R. W. RADLEY M.Sc., C.Chem., M.R.I.C. HANDWRITING AND DOCUMENT EXAMINER 220, Elgar Road, Reading, Berkshire, England. Telephone (0734) 81977

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