The Gazette 1983

GAZETTE

NOVEMBER 1983

times at the beginning of a section or under a heading in similar ordinary type. This is unfortunate as readers who wish to use this chapter for quick commentary on the 1978 Act may miss the authors' comments. It would have been preferable, for this reason, to give the latter comments in the same small print used for commentaries after sections. The approach of the authors throughout the book (with the exception of the chapter on Hire-Purchase and Letting of Goods) is to refer to analogous provisions of United Kingdom statutes so as to facilitate reference to English interpretation and commentaries and to comment on the differences between the British definitions and those of the Irish legislation. The commentary does not, therefore, purport to be exhaustive and readers will have to be prepared to refer to larger tomes from the United Kingdom for more detailed treatment. This book is, nevertheless, a welcome addition to the few business law books already available in this juris- diction. It will be found useful primarily by lawyers in practice, but also by law students and all concerned with consumer affairs. We should be especially grateful to the authors for guiding us through this mass of legislation and to the Law Society for publishing such an inexpensive and handy pocket-size reference work. •

noticeable elsewhere in the work — is that much practical advice is given to the reader. In chapter 4 the text of Part IV of the 1980 Act is given and there is an interesting discussion of section 39 which implies terms as to quality of service. Chapter 5 covers Misrepresentation and there is a detailed analysis of the meaning of sections 44 to 46 of the 1980 Act. Chapter 6 deals with Part VI of the 1980 Act but the lack of treatment of section 47 on unsolicited goods was disappointing. While the authors made no criticism of the legislation in previous chapters they were, in chapter 7, critical of the method adopted in the Consumer Information Act, 1978, of merely amending and replacing certain sections of the Merchandise Marks Act, 1887, and said that it was unfortunate that the example in the Trade Descriptions Act, 1968 (U.K.) of replacing and modernising the 1887 Act was not followed. The authors' comments on the sections of the 1978 Act are interesting and informative. For example, they point out that the defences prescribed by section 22 are not available for offences under section 8 concerning misleading advertisements and suggest that publishers of advertising materials as well as persons requesting publication may be liable to prosecution under the Act. The authors refer readers to the equivalent provisions, if any exist, in the U.K. Act of 1968 and point out the differences between the two Acts. Two final points concerning this chapter: firstly, your reviewer found the major part of the discussion on the Director of Consumer Affairs, the Office and staff as being out of place in this work. Secondly, although the authors refer to the important case of Tesco Supermarkets Ltd. -v- Nattrass [1972] A.C. 153 and discuss its facts and explain the decision, no effort was made to assess the effect of the case. Although this is a well-produced book your reviewer had some misgivings concerning presentation: Page 6: In their comment on section 3 of the 1980 Act the authors refer to paragraph (a). They are, of course, referring to subsection (1) (a) of section 3; Page 19: In the comment on section 14 of the 1893 Act, as substituted, it is stated that twenty-three words (which are quoted) do not appear in the equivalent definition of "merchantable quality" in section 7 of the Supply of Goods (Implied Terms) Act, 1973 (U.K.). The definition in section 14 has only three additional words (viz. "and as durable,"); Page 68: In line 9 of the commentary read "section 6 of the 1946 Act" for "section 6 of the 1949 Act"; Page 106: The effect of section 4(2) of the 1978 Act is to confine section 2(2) of the 1887 Act, insofar as it relates to trade descriptions, to sales in the course of trade, business or profession and not trade, business or manufacture as stated by the authors; page 125: The authors believe that the requirements of section 22(2) must be followed in order to rely on any of the defences in section 22(1). This is not what is stated in the Act. The requirements of subsection (2) need only be followed where the defence involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person. One wonders why the citations of the Irish Law Times Reports are given without the years of the Volumes in chapter 3 and with the years in chapter 2. This is inconsistent and is repeated in the Table of Cases; The commentaries at the beginning of each chapter are in ordinary type as are the texts of sections quoted. In chapter 7 commentary is given at all

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