The Gazette 1973

BOOK REVIEWS

Elles (Neil) and Vallatt (J.H.)—Community Law

Through the Cases.

8vo; pp. xxviii plus

411;

London,

Stevens, and New York, Matthew Binder, 1973; £7.50.

The learned authors are to be commended for having

planned a work which would incorporate the most

important cases relating to European Law, not only

decided by the European Courts, but also by National

Courts from Belgium, France, Germany, Italy and the

Netherlands. These latter decisions are all the more

valuable as they have not all been available in

English. Part I of the work deals with the Foundation

of the Community, and treats of such questions as(l)

the Free Movement of Goods, (2) the Elimination of

Customs Duties between Member States eventually

leading to the establishment of the Common Customs

Tarriff, (3) the Prohibition of Quantitative Restric-

tions with listed exemptions, (4) the Progressive Adjust-

ment of State Monopolies, (5) the Problems of Agri-

culture, (6) the Free Movement of Labour, the Right of

Establishment of Migrant Workers and their Right to

Social Security, and (7) the Problems of Transport.

Part II of the work deals with the policy of the

Community including (1) the Rules of Competition

applying to Undertakings against Dumping, (2) Tax

Provisions, (3) Regulations relating to Approximation

of Laws, and (4) Economic Policy including (a) Balance

of Payments, (b) Commerical Policy, and (c) Social

Policy.

Part III relates to the institutions of the Community

including (1) the European Assembly, and (2) the pro-

visions common to several institutions. The part relating

to the Court of Justice deals with the specific problems

of (1) the failure of Member States to comply with

Treaty Obligations, (2) the Legality of Acts -of the

Council and of the Commission, and (3) the problem

of the Jurisdiction of the Court. Part IV deals with

such-General Matters as (1) the contractual liability of

the Community, including the application of the

Treaty, and the attainment of the objectives of the

Community. Part V deals specifically with the problems

of the European Coal and Steel Community, which

will only arise occasionally in the case of Irish readers.

The appendices contain the full text of Regulations

17/1967, 19/1965 and 67/1967 which affect compe-

tition. Numerous examples are given. For instance,

under Article 177, which relates to the circumstances in

which the European Court can give preliminary hear-

ings, more than forty cases are listed. Each case is

divided into (a) points decided, (b) background, and

Court refrains from giving judgment on a reference

until the National Court has given judgment, y$t,

where there is difficulty in interpretation, Community

law must prevail.

As Community law has now become part of Irish

law, this volume is an essential companion for all prac-

titioners who wish to become proficient in this difficult

branch of law.

Hill (D.J.)—Freight Forwarders.

8vo; pp. xxi plus 376;

London, Stevens, 1972.

The learned author is Professor of Commercial Law in

the University of Nairobi, and has written a treatise in

which all the activities of the freight forwarders are

fully described. The Courts have been reticent in defin-

ing them, but would seem to include any person who

holds himself out to the general public—to provide and

arrange transportation, including shipments, of prop-

erty to the ultimate destination for compensation; in

other words, he carries out all the conditions relating

to the carriage of goods by land or by sea in a super-

lative manner.

At first, the legal status of the freight forwarder is

fully considered; his independence is contrasted with

that of the French "courtier maritime" who is a public

official named by deed who, as a "commercant" has to

keep all the relevant commercial books. Unlike a com-

mon carrier, forwarding operations can be carried on

with many other occupations such as finance. As re-

gards negligence, he is only liable to the extent that he

has undertaken duties of care; he will not, for instance,

be liable for delivery if he has only undertaken to

forward the goods, but he must inform the client of

any loss, if he is to avoid ultimately an action for

conveision and detinue. The forwarder must obey fully

the instructions of the true owner. It is the duty of the

forwarder to avoid delay as far as possible, particularly

if perishable goods are concerned. Instructions to a

forwarder may be written, oral, or implied by custom,

but they must be rigorously observed. As regards dan-

gerous goods, the forwarder need only accept them if

the consignor gives a warranty that he will be liable to

compensate the forwarder for any damage ensuing;

this means that such goods must be properly packed so

that their dangerous nature can be seen on inspection.

As the risk borne by the forwarder is disproportionately

high, it is customary for him to impose financial limi-

tations upon his liability. However, where a forwarder

arranges to forward goods by sea, he will invariably

contract as an agent on behalf of his principal, the

skipper, who has signed the bill of lading, and will

therefore accept no responsibility for the acts of the sea

carrier; but the forwarder may be liable for theft

arising out of carriage by road. As regards liens, the

forwarder, when acting as agent is given a particular

lien.

In respect of charges incurred on behalf of his prin-

cipal; if he is also a carrier, the nature of the lien will

depend on whether he is a common or a private carrier.

The duties of the forwarder in relation to insurance

will depend on whether his obligations arise under

Gommon Law or under Standard Trading Conditions,

or arising from special instructions. In all cases, Pro-

fessor Hill has illustrated his text profusely with rele-

vant case law, and has often made useful comparisons

with the Civil Law. There is a most useful appendix

containing the full text of Standard Trading Condi-

tions, various conditions of Carriage (including the

French and Belgian ones) and various Forwarding condi-

tions. Professor Hill must be much commended for

having written a law book on such a specialised subject

with such expertise and learning. It is indeed a most

readable book.

Slater (John C.)—Cases and Statutes on Criminal Law.

8vo; pp. xv plus 166; London, Sweet & Maxwell, 1973;

paperback, £1.25.

This is one of the first two books to be published in the

new series "Concise College Casenotes", the other being

Cases and Statutes on Contract

by Brazier, which is on

the same lines. It is important to note that these Case-