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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
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