The Gazette 1981

JULY-AUGUST 1981

GAZETTE

For Your Diary . . . 24 - 28 August 1981: Young Lawyers International Association X IX Congress, Dublin. Full programme now - available from Secretariat, X I X Congress of AIJA, 44 Northumberland Rd., Ballsbridge, Dublin 4. Tel. 6 8 8 2 4 4. 1-4 September, 1981: Law and Society in Ireland: An International Conference, Trinity College, Dublin. Speakers: Professor William' J. Chambliss on law and process, Professor Albert K. Cohen on law and crime, Dr. Masud Hoghughi on juvenile justice and social control, Professor Nils Christie on diversification of penal control, Chief Probation Officer Graham Smith on community corrections. Application forms are available from the Conference Organisers, School of Law, Trinity College, Dublin 2. 26-27 September, 1981: Mayo Bar Associ ation/Northern Ireland Law Scciety: Seminar on "Office Management and Technology in the Eighties". Open to Solicitors in Ulster and in the Counties of Donegal, Sligo, Leitrim, Rosrommon, Mayo and Galway. Further details from Patrick O'Connor, Solicitor, Swinford, Co. Mayo. 12 October 1981: Law Society Commencement of Sixth Professional Course. 2 8 October 1981: Law Society Presentation of Parchments, Blackhall Place, Dublin 7. 11 December, 1981: Ma yo Bar Association Annual Dinner Dance. Breaffys House Hotel, Co. Mayo. Tickets available from Patrick O'Connor, Solicitor, Swinford, or Anne Nolan, Solicitor, Castlebar. The Rules of the Superior Courts (No. 4), 1981 1. In Order 4, rule 15 shall be deleted and the following substituted therefor:- " I S A plaintiff suing in person shall indorse upon the summons and notice in lieu of service of a summons his occupation or description and an address for service within the jurisdiction, where summonses, notices, pleadings, petitions, orders, warrants, and other documents may be left for him". 2. In Order 12, rule 7 shall be deleted and the following substituted therefor :-

whole document. Certainty should not be the only concern. The change in judicial attitude to the interpretation of contracts has undoubtedly been strongly influenced by the existence of statutory protection aimed mainly towards shielding consumers from all-embracing exclusion clauses. However, there are many cases where the question of interpretation may not involve an exclusion clause at all. Here, particularly where there is an inequality of bargaining power, or where independent legal advice may not have been obtained, there remains scope for further legislative intervention, or for an exten- sion of the equitable jurisdiction to give relief against the unconscionable exercise of legal rights. This equitable jurisdiction already exists in relation to penalty clauses and relief against forfeiture for non-payment of rent on leases. Could it not apply to cases where for instance a car had been let on a long-term hiring contract to an individual, but the hiring company sought repossession under a term insisting on punctual payment of the hire, and payment had been received a day late through a bank error ? • FOOTNOTES 1. 119811 1 All E.R. 652. 2. Ibid, at p. 658-9. 3. 119801 1 All E.R. 556. 9. If the reasoning of Lord Bridge were ruthlessly applied, then even if $ 100 were added to the payment to cover the potential interest charge, the contract would still have been broken, although the owners would in no way have been prejudiced. 9a. 119811 1 All E.R. 652 at p. 658. 10. For an earlier decision similar to The Chikuma see Tenax Steamship Co. Ltd. v. The Brimnes (Owners) Í 1974] 3 All E.R. 88. 11. Hong Kong Fir Shipping Co. Ltd. v. Kawasaki Kishen Kaisha Ltd. [19621 1 All E.R. 474. 12. 11973] 2 All E.R. 39. 13. Ibid, at p. 45 (Our italics). 14. Photo Production Ltd. v. Securicor [ 1980] 1 All E.R. 556 at p. 568. 15. 119781 3 All E.R. 146 at pp. 152-153. 16. (19801 1 All E.R. 556 at p. 568. 17. Suisse Atlantique Société D'Armement Maritime SA. v. N.V. Rotterdamsche Kolen Centrale 11966] 2 All E.R. 61 at p. 76 (per Lord Reid). 18. See J. C. W. Wylie, Irish Conveyancing Law pp. 107-109. 19. Per Knight-Bruce V-C in Symons v. James (1842) 1 Y. & C. Ch. cas. 487 at p. 490. 20. 119561 2 All E.R. 866. 21. Ibid, at p. 868. 22. (1968) 104 I.L.T.R. 157. 23. Ibid., at p. 163. 24. (19661 2 All E.R. 61 (Supra, note 17). 25. [19701 1 All E.R. 225. 26. (1978] 3 All E.R. 146. 27. 11980] 1 All E.R. 556. 28. 119811 1 All E.R. 652 at p. 657 and see The Brimnes [1974] 3 All E.R. 88 at p. 114. 29. For a discussion of the cases on incorporation of written terms into a contract see Treitel: The Law of Contract (5th ed.) 152-157. 30. As in Curtis v. Chemical Cleaning and Dyeing Co. Ltd. [ 19511 1 K.B. 805. 4. Ibid, at p. 561. 5. Ibid, at p. 567. 6. Ibid, at p. 568. 7. Ibid, at p. 561. 8. 119811 1 All E.R. 652.

"7. A defendant appearing in person shall state in the memorandum of appearances an address for service within the jurisdiction where summonses, notices, pleadings, petitions, orders, warrants, and other documents may be left for him". (Continued on p. 143)

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