The Gazette 1992

GAZETTE

Book Reviews there are however a significant n umb er of topics where recent

different culture a nd ma y be to acquire an a d d i t i o n al l a n g u a ge skill.

- (Continued from page 403)

they would try again next year.

T h e degree, particularly if d o ne on a full-time basis, is expensive. Ap p l i c a n ts s h o u ld b u d g et £7,000 to £10,000 o n fees a l o ne a nd there will also be living expenses. T h e loss of a year's salary is the biggest cost. Ma n y p a r t i c i p a n ts take o ut a b a nk l o a n. For Irish solicitors there is also the possibility of o b t a i n i ng a scholarship t h r o u gh the Law Society's " J P O'Reilly Memo r i al F u n d " . T h e degree s h o u ld not be u n d e r t a k en with unrealistic expectations. Comp l e t i on of the course does not d o u b le o n e 's salary, it may not even increase it in the current recessionary e n v i r o nme n t. T h e p a y b a ck is in the long t e rm. Mo re impo r t a n t l y, f i n d i ng a j o b as g o od as or better t h an the o ne left b e h i nd to d o a full-time course might not be easy. T h e j o b p l a c eme nt rate f r om the t op UK Business Sc hoo ls this year h as been slow a nd in s ome cases d i s a p p o i n t i n g. Wi th ever increasing c omp e t i t i on f r om within a n d w i t h o ut the profession, o b t a i n i ng an MBA degree, by whatever me t h o d, should better e q u ip a solicitor for the years a h e a d. P u r s u i ng the degree will certainly b r o a d en a p a r t i c i p a n t 's h o r i z o n s. T h e answer to wh e t h er the q u a l i f i c a t i on is wo r th the cost a nd e f f o rt involved h as to be based u p on a solicitor's individual assessment of his or her situation a n d amb i t i o n s. Richard Deveueux qualified as a Solicitor in Dublin in 1985. He was last year's recipient of the J P O'Reilly Scholarship and he recently completed a full-time one year MBA

Ireland is in the f o r t u n a te position ( hop e f u l l y) of having r e f o rmed its p r o d u ct liability law in the f o rm of the Liability for Defective Products Act, 1991. Alex Schuster, the editor of the b o ok u n d er review, notes t h at the Liability for Defective Products Act, 1991 owes little to the creative instincts of the denizens of the Dail or S e a n a d. He states the new legislation is mainly the p r o d u ct of I r e l a n d 's o f f s h o re legislature, the Co u n c il of Ministers of the E u r o p e an Commu n i t y. However, we should n o te t h at Ireland is a h e ad of the Un i t ed States with its r e f o rm. This b o ok c o n t a i ns p a p e rs delivered at a c o n f e r e n ce designed to explain the implications of the law on liability for defective p r odu c t s. Alex Schuster in his p a p er assesses b o th the provisions of the new legislation a n d the extent to which they would fit within the f r amewo rk of the c o mm o n law. P r o f e s s or Bryan McMahon examines s ome of the practical p r o b l ems generated by the new legislation. Rolald Rowell, the Legal Services Director of Law La b o r a t o r i es Limited, o f f e rs advice to p r o d u c e rs as how best to exercise control over their ma n u f a c t u r i ng o p e r a t i o n s. Jim O'Mahoney c on c e n t r a t es in his p a p er on the insurance implications of the new regime. Maurice Healy, the Director of the Na t i o n al C o n s um er Co u n c i l, o f f e rs a c o n s umer perspective. William Fagan, the Director of C o n s um er Af f a i r s, writes on the implications of p r o d u ct liability for business. Gerard Sheedy of the Co n f e d e r a t i on of Irish I n d u s t ry a nd Ewing Paterson also write briefly on the new regime. T h e b o o k c o n t a i ns the a n n o t a t ed text of the Liability for Defective Products Act, 1991 together with the P r o d u ct Liability EC Co u n c il Directive of July 25, 1985. The Irish Centre for Eu r o p e an law and Alex Schuster have provided a practical vade-mecum for lawyers a nd students. This is indeed welcome. Eamonn G. Hall • 405

English legislation is being c o n s t r u ed by the c o u r ts a nd t ho se p o r t i o ns of the work which deal with t ho se areas are of less value to the Irish practitioner. T h e sections on E u r o p e an C o mm u n i ty law a nd on criminal law are p r o b a b ly of mo st interest to the Irish practitioner. T h e b o ok is well laid o ut with c omp r e h e n s i ve tables of cases a nd statutes a nd the readability level of the articles is high. The New Product Liability Regime and Annotation of the Liability for Defective Products Act, 1991 Edited by Alex Schuster, Irish Ce n t re for E u r o p e an Law, 1992, 96pp, p a p e r b a c k, IR£12 (memb e r s) IR£16 ( n on memb e r s ). T h e B r o o k i n gs Institution in the Un i t ed States, in a study entitled the " T h e P r o d u ct Liability Ma z e ", h as s h own t h at the current system of p r o d u ct liability law in the Un i t ed States h as kept g o od p r o d u c ts o ff the ma r k e t, because ma n u f a c t u r e rs are a f r a id to take the legal risks. Studies also show t h at research on new p r o d u c ts such as an A I DS prevention vaccine h as been inhibited by the product-liability system. Further, Ame r i c a 's p r o d u ct liability system h as generated u n n e c e s s a ry legal costs. T h e US Federal P r o d u ct Liability Fairness Bill struggled for a d e c a de to be h e a rd a n d finally reached the Senate f l o or in S e p t emb er 1992. T h e r e f o rme rs urged t h at a single, n a t i o n al s t a n d a rd for p r o d u ct liability would bring sanity to a r u n away legal system. However, the US Senate killed product-liability r e f o rm in m i d - S e p t emb er 1992 in wh at was described as a c l i f f h a n g er vote. R e f o rm s u p p o r t e rs vowed t h at John F. Buckley

course at Strathclyde Graduate Business School in Glasgow, Scotland.

Applications for the 1993/1994 J. P. O'Reilly Scholarship should be submitted to the Law Society by 8 January, 1993. Details and application forms are available from Emily Francis or Sharon Hanson at the Law School (01-710711). •