The Gazette 1973

BOOK REVIEWS Castel (J. G.)— Conflict of Laws: Cases, Notes and Material. Second edition. 8vo; pp. xxvi plus 1,104. Butterworth Toronto, 1968. This is the second edition of Dr. Castel's famous work on a most intricate subject which first appeared in 1960. Dr. Castel is Professor of Law in Osgoode Hall Law School attached to York University in the suburbs of Toronto; he has produced a most learned tome in which all the difficult problems relating to the involved subject of conflict of laws are fully discussed. It would be quite impossible to treat in detail of all the subjects, such as Domicile, Domestic Relations, Status and Capacity, Infants, Administration and succession, Contracts, Torts, Jurisdiction in Personam and Foreign Judgments—which the learned author has considered in depth. In the chapter on Contracts, for instance, the case of Vita Food Products Inc. v. Unus Shipping Inc.— (Privy Council)—(1939) A, C.—which broadly states that the expressed intention in general determines the proper law of the contract—takes up 7 pages. Then Morrison and Cheshire's criticism of this Judgment in "A Proper Law of Contract" described in 56 Law Quarterly Review are fully set out in two pages. The next cases covered are the Assunzione—(1954) I All E R (3£ pages), Ether v. Kerleaz— (1960) Ontario Reports (with notes—10 pages). Columinares v. Im- perial Life Assurance Co. of Canada —(1966) I On- tario Reports (4 pages), Auten v. Auten (1954), New York Court of Appeals (3 pages), P. O. Navigation Co. v. Shand —(1865), 12 Law Times (2 pages), Jacobs v. Credit Lyonnais—{ 1884), 12 Q. B. D. (3£ pages), Chatenay v. Brazilian Submarine Telegraph Co. (1891) I.Q.B. (3 pages), followed by 3 Canadian cases—total of 50 pages. This will give some idea of the vast amount of case law—Canadian, American and English—contained in these pages, and it is vital to emphasise the most important points of each decision, as well as the articles in legal journals which are referred to. It would not be possible to praise Dr. Castel too highly for his immense learning and erudi- tion and the great care with which he has selected the most interesting cases. It will repay the practitioner to consult this work if he has any deep problems of private international law. Ivamy (E. R. Hardy)—Fire and Motor Insurance. Second edition. 8vo; pp. xxxviii plus 498; London, Butterworths, 1973. Professor Ivamy is a well-known expert on Insurance Law, and, apart from the first edition of this volume published in 1968, we are indebted to him for two recent editions of his "General Principles of Insurance", and he has also published a book on "Marine In- surance". The first edition of this work contained 452 pages, and it will be noted that the new edition has been expanded by 45 pages. First the author describes the characteristics of a contract of fire insurance as a personal contract of indemnity, normally entire and indivisible, which implies good faith. Having dealt with insurance interest he emphasises in England that some persons like tenants for life and owners of small build-

ings must insure and there follows a list of persons who may optionally insure, such as vendors and pur- chasers, trustees and beneficiaries, personal representa- tives, etc. One of the most interesting chapters is that on non- disclosure and misrepresentation. First examples of material and immaterial details relating to such matters as the personal details of the proposer, the locality where the property is to be insured, and the value of such property are given. Ample case law is quoted to illustrate each section. There are altogether 22 chapters in the Fire Insurance Section covering 186 pages. In dealing with non-disclosure and misrepresentation in connection with motor insurance, many more factors have to be considered, such as the driving experience of the proposer, the previous convictions, the details of the car concerned, and the question of previous acci- dents; all these sections are fully annotated by case- law. Other interesting points such as restriction of driving by named driver, or as to type of use, are covered in the "Exceptions of the Policy", while the "Conditions of the Policy", such as maintaining the vehicle in an efficient condition, and use of care to avoid accidents are fully explored. There is also a useful new chapter on "Compulsory Motor Insurance" which considers the definitions of words like "Use", "Cause or Permit", "Motor Vehicle" and "Road". The Appendices contain most useful specimen proposal forms, including Lloyds policies for fire insurance, and specimen motor insurance policies, as well as "Third Party Risks Regulations, and Agreements made by the British Insurer's Motor Bureau in relation to compensa- tion for victims of untraced drivers, as well as to those of uninsured drivers. The most recent English case law is fully considered, such as (I) Balatsikos v. Car Mutual Insurance Co. (1970) 2 Lloyds Reports 314, a decision of the Supreme Court of Victoria as to misrepresentation as to length of time in which insurance was held, which was not upheld; and (2) G. F. P. Units v. Monkfield (1972) 2 Lloyd Reports, 79, where the insurers were held not liable where an employee had taken the master's car for a joyride, and the policy restricted the driver to the master and his wife. It will be seen that Professor Ivamy with his usual thorough expertise and learning has greatly facilitated the task of any practitioner who has to consider pro- blems of fire insurance or of motor insurance. Archbold (J. F.)—Pleading, Evidence and Practice in Criminal Cases. 38th edition by T. R. Fitzwalter Butler and Stephen Mitchell. 8vo; pp. ccx plus 1663. London, Sweet & Maxwell, 1973. £15.50. When one considers that the first edition of Archbold was published in 1822, more than 150 years ago, and that the last edition published by him was in 1829, it is remarkable that his name should still survive in respect of this work, as Mr. Butler, Chancellor of Peter- borough and the late Mr. Marston Garsia have been in charge of all editions for the past 30 years since the 31st in 1943. Mr. Butler and Mr. Garsia have modernised the text so much that, with great respect to them, it would seem appropriate that this modern 168