The Gazette 1990

GAZETTE

A PRIL 1990

worth mentioning from Mr. Justice Kenny's judgment that what is to be regarded as material, "is a matter or circumstance which would reasonably influence the judgment of a prudent insurer in deciding whether he would take the risk and, if so, in determining the premium he would demand". Any person studying the topics covered by this publication (Agency, Sale of Goods, Hire Purchase and Insurance) will find his or her task much easier by purchasing a copy of this Case- book. It will save the reader many hours in tracking down judgments, both unreported and reported, and having to extract the relevant parts from the judgments. The publica- tion should prove also to be a useful addition to a practitioner's library. WI LL I AM J O H N S T ON A Casebook on Irish Contract Law by Brian Doolan B.L. Published by Gill and Macmillan. Paperback, £24.99. The backcover of this Casebook states that it is a "comprehensive Irish contract law casebook . . . designed for students and practi- tioners of law . . . the natural com- panion to the contract textbook". This work contains summaries of and extracts from 160 decisions of the Irish courts involving contract law. Many of the judgments are otherwise unreported. Any person studying Irish con- tract law, particularly for an ex- amination, would be well advised to purchase this very useful casebook, which sets our not only the relevant decisions, but also summarises in a very clear and simple manner the decisions on each subject within the law of contract. This enables the reader to distinguish without difficulty between a number of cases dealing with the same subject matter. This casebook is ideally suited to be read in conjunction with Robert Clark's Contract which gives a comprehensive outline of the prin- ciples of the Irish law of contract without elucidating on case law. As Clark's Contract is tightly written (due no doubt to his desire to pack as much information as possible into the available space), a student may obtain a clearer understanding

Mr. Doolan discusses over 40 cases under the Sale of Goods heading. The most important of these are those relating to re- servation of title. Although the significant reservation of title decisions are set out, the opportunity was missed to put the decisions into the context where the reader could understand as to how a reservation of title clause could be ineffective for failure to register particulars in the Companies Registration Office. In this context it would have been useful, to have had a note on the distinction between Kruppstahi AG -v- Quitmann Products Ltd. (1982) and Uniacke -v- Cassidy Electrical Supply Co. Ltd (1987). The Case- book discusses the former but not the latter. Since publication of the Casebook we now have the benefit of Mr. Justice Murphy's decision in Carroll Group Distributors Ltd. -v- G. and J.F. Bourke Ltd and Bourke Sales Ltd (1989). Mr. Doolan states correctly that the first requirement for an effect- ive reservation of title clause is that the clause must have been incor- porated into the contract - he distinguishes Sugar Distributors Ltd -v- Monaghan Cash & Carry Ltd (1982) and Frigoscandia (Contract- ing) Ltd -v- Continental Irish Meat Ltd (1982). Although pointing out, with supporting cases, that a simple re- servation of title clause is effective, the author might have highlighted the importance of the intention of the parties, as illustrated by Mr. Justice Barron in Uniacke -v- Cassidy Electrical Supply Co. Ltd (1987). The diminishing importance of Hire Purchase is reflected in the fact that of the ten cases discussed the most recent is the 1980 unreported decision in the case of Murphy -v- Industrial Credit Co. Ltd. Nearly 20 Insurance cases are included, particular attention being given to the duty of disclosure. In his introduction on the duty of disclosure the author points out that "what is material in each case is not a matter for the insurer or an expert but for the courts". This is fine so far as it goes and has presumably been taken from Mr. Justice Kenny's judgment in Chariot Inns Ltd -v- Assicurazioni Generali SPA (1981). But to give a clearer picture it might have been

A Casebook on Irish Business Law by Brian Doolan B.L. Published by Gill and Macmillan. Paperback, £19.99 Although a number of books have been written about "Irish Business Law", it is not clear exactly what constitutes Irish Business Law. Some topics occur in all publica- tions, but equally other topics are covered only in some. Mr. Doolan in his Casebook has confined his 90 cases to four topics and in doing so has avoided falling into the trap of trying to cover too much at too superficial a level. The topics covered are Agency, Sale of Goods, Hire Purchase and In- surance. As such the publication might have been more appropriate- ly entitled a Casebook on Irish Mercantile Law. Presumably the term "Business" is more attractive than "Mercantile". As with his casebook on Irish Contract Law, Mr. Doolan has un- covered a number of unreported judgments as well as reported ones and set them out in an easily readable and helpful manner. Twenty cases are devoted to the topic of Agency and this is most welcome as there is a paucity of published material on this often ignored but highly important subject. The question of ostensible authority might however have been more adequately dealt with by in- cluding Kett -v- Shannon & English (1987) and Thomas Williamson Limited -v- Bailieborough Co- operative Agricultural Society Limited (1986).

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