The Gazette 1982

GAZETTE

JULY/AUGUS T 1982

otherwise; for Contract is rich in Irish judicial precedents. The layout of the book is standard. Part 1 consists of chapters dealing with Offer and Acceptance, Consideration, Intention and Formal Requirements. The author could usefully have mentioned the Consumer Information Act, 1978 in page 5 when commenting on criminal prosecutions for misleading advertising. Part II covers Contract Terms and Exemption Clauses. The section in Chapter 7 headed "Statutory Intervention" treats the Sale of Goods and Supply of Services Act, 1980 in a very scant fashion, despite the author's acknowledgement in the Preface of the "sweeping changes initiated by the 1980 legislation." The effect of Section 22 of the 1980 Act on basic contract terms, is surely of such importance that it merits more than the comment "Readers are referred to O'Malley, Business Law." Four chapters dealing with the vitiating factors of Mistake, Misrepresentation, Duress and Undue Influence make up Part III. The new statutory right to damages for innocent misrepresentation under S45(l) of the 1980 Act, is clearly outlined in Chapter 10, and Chapter 12 includes a most interesting section on the extent of equitable relief available in respect of 'Unconscionable Bargains'. The topic of Illegality is competently handled in Part IV, whilst Contractual Capacity is dealt with in Part V. In the context of contractual capacity of Infants, it would have been useful if the author had included some comment on the United Kingdom cases of Coutts & Co. -v- Browne-Lecky (1947) and Yeoman Credit Ltd. -v- Latter (1961). The remaining parts of the book deal with privity, Discharge and Remedies for breach of contract. In

respect of Remedies, the author confines his attention in the final part to damages, although some equitable remedies such as Specific Performance, Rescission and Rectification are mentioned in earlier chapters. A most stimulating feature of the work is the manner in which the author constructively criticises case law (and occasionally statutory) sources. Examples are to be found in Chapters 11 and 13, where the Supreme Court decisions in Rogers -v- Louth C.C. (1981) and Gavin Lowe Ltd. -v- Field (1942) are examined. A dilemma facing any author with a limitation on the length of his work is the balance to be struck between the width and the depth of treatment of his subject matter. He can try to treat each topic to the same depth or, perhaps more picturesquely, he can endeavour to apply the paint evenly over the whole canvas. This the author has not done. Instead, he has applied the paint liberally in some places e.g. Illegality; and thinly in other parts, e.g. Statutory Intervention and Exemption Clauses. There are also gaps. For example, Assignment of Contractual Rights is not covered. However, given his publishers' guidelines on length, the author's approach is both understandable and acceptable. Contract is modelled on the "Concise College Texts" series. Does inclusion in such a series not presuppose the existence of at least one major definitive work on Irish Contract Law? In its absence, I hope the publishers will permit the author to develop and expand this most useful book in subsequent editions. Robert Clark has certainly whetted your reviewer's appetite for more. Henry Ellis

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