The Gazette 1995

GAZETTE

DECEMBER 1995

Maritime Inc. and Express and Star Limited v Bunday are quoted and could be of considerable use in an

reader right up to date taking account, as it does, of the UK Criminal Justice Act 1993.

i jurisdiction. Therefore, examples are taken from other common law jurisdictions, in particular the United States, Australia and Canada. He often makes extensive reference to the I Restatement of the Law, Second, Contracts. A restatement is a general | statement of legal principle in a given j field of law, drawn up by members of the legal profession in the US using | existing case law but advocating [ reform where necessary. It is not | binding in any court, but it has been j instrumental in the development of US Law. Further extensive use is made of I the Uniform Commercial Code as a ! commentary of the law in the US. I These sources are used to advance the debate on the general reform of | contract. Mr Friel asks us to look upon the scope of contract as a field j of analysis. He explains that the contracts concerning the relationship of employer/employee are not dealt with to any great extent for a number of reasons which effectively preclude their use as analogous logic for j extrapolating general principles in contract law. j Generous reference is given to sources of material including the works of other authors on the Irish law of contract. Wide use of case references , is exemplified by reference to the judgment of Carroll J in the 1991, in I the unreported case of Parkgrange Investments v Shandon Park Mills on the topic of offer and acceptance and the 1984 case of Tradax (Ireland) Limited v Irish Grain Board Limited on the issue of what constitutes a note or memorandum for the purposes of the Statute of Frauds and whether | acceptance of part of the goods is sufficient to form a contract. | If the book succeeds as a vehicle for reform then we must await the I analysis of future judgments where obiter dicta will be borrowed from these covers. Legislation in Ireland in this area will be determined by policy decisions made in Brussels. As for practitioners it may be dangerous to rely solely on some of the pronouncements contained in the book. As an example I refer to a short | piece under the title "Subject to contract". The succinct style of the author does not enable him to give

j

Irish context.

|

Justin McKenna

Part II consists of three chapters on common law rights. Two of these chapters deal with wrongful dismissal and are helpful given the parallel between the two common law jurisdictions. The third chapter is entitled "Dismissals governed by public law" and consists of a useful summary of the UK law of Judicial Review. Part III consists of two chapters on procedural considerations the first of which must be avoided by Irish lawyers as it relates solely to UK statutes. The second chapter on insolvency of an employer is of limited use. The fourth and final part of the book relates to problems after termination dealing in the main with restrictive ! covenants in contracts of employment. As restrictive covenants in Ireland have been significantly affected by the provisions of the Competition Act this chapter is also of limited value. Prof. Upex is to be congratulated on a job well done. His book, however, can only be recommended to Irish practitioners where they already have a detailed knowledge of the subject matter. ! j j by Edward Griew; 7th Edition; published by Sweet and Maxwell; price: £21.95. It is five years since the last edition of this book and it will be a welcome complement to students and j practitioners interested in this area of the law. It contains a re-written chapter on appropriation in theft and considers the provisions for enlarging jurisdiction of courts in England and Wales. While its content is limited to the law I of England and Wales it brings the 362 Gary Byrne The Theft Acts

"The Law of Cont rac t"

By Raymond J Friel. Published by the Roundhall Press 1995; 345pp; paperback: £29.95; hardback: £47.50. "The big print giveth and the small print taketh away " So commented an anonymous clergyman many years ago. Contract has been a fruitful source of legal comment, discussion and writing down through the ages. Because of the massive volumes on the subject the need for small print seemed to become ever more important. In recent years this outlook may have changed and the recent European Directive on Unfair Contract Terms illustrates the changing complexion of contract law Although the author refers to the role this directive will play in the application of exclusion clauses in the future he does not elaborate. Mr Friel begins in his preface by stating the obvious. The area of contract law is already well served by major legal writers both here and in England. What makes this book any different? To begin with, he gives us an exceptionally readable book. Tomes on contract law usually giveth copious quantities of small print. By his use of footnotes and careful reference to cases and statutes he has succeeded in giving us an uncluttered text. Most of the major works in contract have a long tradition. This longevity the author tells us has led to an evolution of analysis rather than a revolution. The book attempts to advance new approaches to old problems. To achieve this the text assumes that English law does not operate as a precedent in this