The Gazette 1983

GAZETTE

SEPTEMBER1983

BOOK REVIEW

the 1893 Act at page 32 and the treatment of sections 34 and 35, as substituted, of the 1893 Act at pages 38 to 39 to understand clearly what is meant by "acceptance". This is something of which the authors could perhaps have notified the reader. The authors give what could be useful practical advice at page 1& on the relationship between section 13 of the 1893 Act, as substituted, and section 17 of the Merchandise Marks Act, 1887. Section 14 of the 1893 Act, as substituted, now contains a definition of "merchantable quality" and the authors' detailed analysis of the definition merits careful study. Sections 11 to 19 and 22 to 24 of the 1980 Act are entirely new. The authors' comments on section 11 (the text of which may be read with profit at the same time as the text of section 22 of the 1980 Act, which by substituting a new section 55 in the 1893 Act, severely restricts the seller's powers of exclusion) will be of particular interest to practitioners, but they are not really sufficient for a draftsman of conditions of sale trying to ensure that his conditions will not be in breach of the Act. There is a long discussion of section 13 (at pages 25 to 26) but, unfortunately, the authors do not comment on section 13(7) which is an important example of the abandonment of the doctrine of privity of contract. The discussion by the authors of the legal status of manufacturers' guarantees in their treatment of such documents was interesting but perhaps a little too theoretical for a work of this type. As the authors took the view that commentary was not necessary in general on unamended sections of the 1893 Act in the next fifteen pages the text of the provisions of Parts II to V of the 1893 Act is set out with hardly any comment save for that on sections 35 and 53, as substi- tuted by the 1980 Act. This lack of comment may not find favour with all readers but can be explained by the fact, as already indicated, that it was part of the authors' overall plan in their work. It should be said, however, concerning these pages (pages 31 to 46 inclusive) that although a reference was made at the foot of the text of section 18 (at page 33) to In re. Interview Ltd. [1975] I.R. 382 there was no reference to later Irish and English cases concerning retention of title clauses. Surely, also, the case of Flynn-v- Mackin and Mahon [1974] I.R. 101 deserved a mention. This pattern was not followed in Chapter 3 on Hire- Purchase and Letting of Go ods where, in addition to the text of the relevant legislation, there are plentiful references to Irish as well as English cases. McDonald-v- Bowmaker (Ireland) Ltd. [1950] 84 I.L.T.R. 54 (officially reported at [1949] I.R. 317) was referred to with approval by Lord Justice Willmer in Mercantile Credit Co. Ltd. -v- Cross [1965] I A l l E.R. 577, C.A., but the authors, surprisingly, omitted this fact. Not one of the cases referred to was discussed. This is in contrast to the treatment given to the chapter on Sale of Goods where some of the cases cited were discussed. In this chapter the reader will find commentary, albeit somewhat brief in places, on sections of the Hire-Purchase Acts whether or not amended by the 1980 Act. In this chapter, also, there is an interesting comment on the differences between the definition in the Hire Purchase Acts of "hire-purchase agreement" and of "credit sale agreement". A reference to the legislation to which credit-sale agreements are subject would have been appropriate but none was given. However, the regulation by statute of hiring agreements (as distinct from hire-purchase agreements) is clarified. An attractive feature of this chapter — a feature

SALE OF GOODS AND SUPPLY OF SERVICES. A guide to the Legislation. By Vincent Grogan, Thelma King and Edward J. Donelan. The Incorporated Law Society of Ireland, xxii and 133 pp. £6.00. This book is the second guide to be published on those two major pieces of legislation to protect the consumer, the Consumer Information Act, 1978, and the Sale of Goods and Supply of Services Act, 1980, which followed the Whincup Report of 1973 and the recommendations of the National Consumer Advisory Council a year later. The first set of guides (there was one on each Act) was published quite some time ago by the Office of Consumer Affairs. The book, a paperback, is not long, being only 128 pages in length or perhaps one should say 196 paragraphs because the authors have placed the sections of the Acts in the order they hope will seem to be the most logical and have numbered the text in paragraphs for easy reference. It is described in the Foreword as "an annotated consoli- dation of the statute law". Although the Guide is a short work, tables of contents, statutes and cases, and an Index have been added which make it easier to use. The task which the authors have given themselves of compressing the text of a great amount of legislation and providing a commentary in the small space of 128 pages is an unenviable one. The way in which they deal with the problem is not to provide a commentary on all the sections quoted. They have taken the view that as there is no shortage of books on the 1893 Act unamended sections of the 1893 Act are, in general, allowed to speak for themselves. This approach should not prove to be a hindrance to the practitioner who has a well-stocked library but may not find sympathy among students. The book commences with an examination of the interpretation sections of the 1893 Act and the 1980 Act. Here, the authors give the text of the provisions concerning two new concepts introduced by the 1980 Act, namely, "dealing as consumer" and the test of fairness and reasonableness. A useful list, which indicates careful analysis of the 1980 Act, is provided (at p.5) of places where the term "dealing as consumer" appears but perhaps some specific warning as to the importance of these provisions ought to have been given, say, by means of a historical introduction at the beginning of the book. Included, also, are two further lists: when Orders may be made by the Minister (at p.9); when, for the first time, criminal liability is imposed for non-compliance with the Act's provisions (at p. 10). In chapter 2 the reader is introduced to the amendments made to the 1893 Act by the 1980 Act. Every such amendment, one is informed, (at p. 11), "is carried out by the substitution, for the original section, of a new section bearing the same number." The substitutions are summarised in a table on this page. While chapter 1 incorporated Part I of the 1980 Act and most of the provisions of Part VI of the 1893 Act, this chapter sets out the text of Parts I to V of the 1893 Act as amended by Part II of the 1980 Act, and follows the order of sections in the 1893 Act. The discussion of the buyer's right to reject defective goods at pages 15 to 16 is instructive but then the reader should turn immediately to the text of section 18 rule 1 of 260