The Gazette 1990

GAZETTE

A PRIL 1990

Correspondence The Editor, The Gazette, Blackhall Place, Dublin 7. 20th April 1990 Re: Solicitors Voluntary Levy for the Free Legal Advica Cantras Dear Sir, Through the courtesy of your letter page I would like to express my sincere thanks, on behalf of the Free Legal Advice Centres, to the many solicitors who contributed generously to the voluntary levy for the support of the FLAC. FLAC has always relied upon the goodwill and support of the legal profession to allow us to continue our work. Since FLAC's grant from the Department of Justice stopped in 1980 FLAC has been dependent on the charity of the professions for its survival. On numerous occasions FLAC has been rescued from closure by such financial assistance. This voluntary sub- scription represents the pro- fession's commitment to the work of FLAC and is our only guarantee of funding. I again thank you for the many contributions and look forward to continued support in the future. Yours sincerely, EILIS BARRY FLAC, 49 South William St., Dublin 2.

of Clark by reading Doolan's Casebook in conjunction with the reading of Clark. For the practitioners of law, the casebook is a useful guide for quick reference purposes, but obviously should not be used in preference to the Reports themselves. However the number of nineteenth century judgments discussed adds to the usefulness of the casebook for the practitioner. The author's exposition of the principles of offer and acceptance, with appropriate case law, is done particularly well. His handling of consideration though is somewhat disappointing - four cases are reported. No mention is made of Ferrar -v- Costelloe (1841), Kennedy -v- Kennedy (1983), Hassard -v- Smith (1872), O'Donnell -v- O'Sullivan (1913), Hibernian Gas Company -v- Parry (1841) and B/anford & Houdret Ltd. -v- Bray Travel Holdings Ltd & Hopkins (1983). These cases illustrate respectively the concept of con- sideration, that consideration need not be adequate, that there may be circumstances where the adequacy of consideration might be relevant, where a compromise will not be upheld, the recording of considera- tion in a written memorandum and forebearance. The author states that "it is a complete defence in an action in contract to prove that no consideration was given". In his desire to keep the publication uncomplicated the author has surely misled the reader. The author could have mentioned the Irish decision of Drimmie -v- Davies (1899) as an illustration that a contract under seal is an exception to the general rule that considera- tion must be present. In dealing with evidentiary re- quirements, the author makes no mention of the requirements for contracts for the sale of goods in excess of £10. The recent Irish case (Tradax (Ireland) Ltd -v- Irish Grain Board Ltd (1984)) on this point is discussed only in another context. In contrast to these inad- equacies, the author's handling of the difficult area of "subject to contract" and the manner in which he distinguishes the four decisions covered is both refreshing and helpful. His illustration of exempt- ion clauses is also commendable. In dealing with capacity, curiously no room is made for

drunkenness. However the inclusion of the judgment in the diplomatic immunity decision of Saorstat & Continental Streamship Co. Ltd -v- De Las Morenas (1945) is helpful to any lawyer faced with a client who has entered into a contract with a member of the diplomatic community. No room is given for negligent misrepresentation and therefore no mention is made of Securities Trust Ltd. -v- Hugh Moore & Alexander Ltd. (1964), Bank of Ireland -v- Smith (1966) or Stafford-v- Keane Mahony Smith (1980). Although eight cases are devoted to damages (including Hadley -v- Baxendale) the principles of Hadley -v- Baxendale might have been illustrated more effectively by either including Stoney -v- Foley (1897), Lee and Donoghue -v- Rowan (1981) and Malone -v- Ma/one (1982) or by setting out more stridently the application of the two limbs of Hadley -v- Bacendale. No mention is made of mitigation of damages - an important area in practice. To conclude, Mr. Doolan must be commended for putting together so many forgotten reported decisions as well as modern unreported ones in a very readable casebook. Al- though certain topics, as indicated above, could be expanded, I would recommend the casebook as essen- tial reading to any student of Irish contract law. It comes at a price of a good evening's drinking and is therefore affordable by any student. WI L L I AM J O H N S T ON

The Irish Society for European Law

President: The Hon. Mr. Justice Brian Walsh Chairman: Mr. Eamonn G. Hall, Solicitor

Founded in 1973 Irish Affiliate to the Fédération Internationale Pour le Droit Européen (F.I.D.E.)

Programme for Spring/Summer 1990 1 Tuesday, Jnly 17th, 1990: Mary Robinson, Senior Counsel, Director Irish Centre for European Law, National Rapporteur, FIDE (Madrid — 1990) Congress — Public Procurement. Stephen's Green, Dublin 2, by kind permission. Members and their guests are invited to join the Committee and guest speakers for dinner at the Club at 6.15 pm on the evening of each lecture. Members intending to dine must communicate with the Membership Secretary, Jean Fitzpatrick, Solicitor's Office, Telecom Eireann, Harcourt Centre, 52 Harcourt Street Dublin 2. (Tel. 01-714444 ext. 5929, Fax. 01-6793980, Electronic Mail (Eirmail) (Dialcom) 74: EIM076) not later than two days before the dinner, as advance notice must be given to the Club. Membership of the Society is open to lawyers and to others interested in European Law. The current annual subscription is £15.00 (£10 for students, banisters and solicitors in the first three years of practice). Membership forms and further details may be obtained from the Membership Secretary. Lectures take place at 8.15 pm at the Kildare Street and University Club, 17 St.

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