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GA Z E T TE
APRIL
1979
of its nature to be an equivocal act.
The matter was finally put beyond doubt in the case of
Steadman
v.
Steadman [1974] 2 AER 977
where the
majority of the Judges rejected the proposition, long
believed, that a payment can never constitute an act because
it is impossible to deduce from the payment the nature of the
contract in respect of which the payment is made. The
majority finding was to the effect that the surrounding
circumstances excluding evidence of the oral contract itself
could be examined and should be examined in determining
whether a payment was an act of Part Performance.
The arguments put forward in the
Steadman Case
were referred to in the Irish case of
Philip M. Howlin
v.
Thomas F. Power (Dublin) Limited
(unreported Case
1977 No. 736P) in which MacWilliam J. delivered
Judgment on 5th May 1978 and, although on the facts,
deciding against the Plaintiff, expressed his agreement
with the reasoning of the majority of the Judges in the
Steadman Case.
(This case was at the time of Mr.
Sutherlands lecture on appeal to the Supreme Court).
Whilst one matter was clarified in relation to the
Doctrine of Part Performance in the
Steadman Case
the
Court was not in agreement on another. The question on
which the Court was divided was as to whether the acts of
Part Performance had to be such as to indicate the nature
of the Contract and in particular to indicate that it was a
Contract for Sale or other disposition of land or an
interest in land. Successive Judgments clearly point to the
fact that it is the duty of the Plaintiff to establish on the
balance of probabilities and no more, that the acts were
referable to a contract. While the matter is not free from
doubt it would appear that the better view is that the act
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relied upon as acts of Part Performance should not alone
point to a contract but on the balance of probabilities
should point to a contract relating to land. It is a matter
of conjecture however as to which approach would be
adopted by the Irish Courts.
Mr. Sutherland has made a thorough examination of
the Doctrine of Part Performance and his Paper is very
deserving of careful study.
SOCIETY OF YOUNG
SOLICITORS TRANSCRIPT
SERVICE
The Spring Seminar 1979 Scripts are now available
from 94 Grafton Street, Dublin 2.
They are:—
No. 113 Effecting proper and adequate Insurance
Cover on Leasehold Property Interests. By Denis Bergin,
£1.60 by post £1.80 (includes flat insurance problems).
No. 114 Drafting Insurance and Rent Review Clauses
in Leases (with precedents). By Anthony Dudley £2.75,
by post £3.05.
No. 115 Tax Implications with special reference to
VAT arising on the creation of Leases. By Charles
Dowling. (Essential reading when 10 year or longer
Leases are involved). £1.20, by post £1.40.
No. 116 Recent Case Law relating to Landlord and
Tenant. By T. C. Smyth, S.C. £2.20, by post £2.45.
Up to date lists available on request.
EEC Rules on Legal
Practice
European Communities (Freedom to provide services)
(Lawyers) Regulations 1979, S.I. No 58 of 1979.
Regulations made by the Minister for Justice, Mr. Gerard
Collins, T.D., giving effect to the EEC Directive of 22
March, 1977, to facilitate the effective exercise by
lawyers of freedom to provide services (OJ L 78/17
26/3/77) enable lawyers from other EEC countries to
provide services here as from 1 March. Similar facilities
will be accorded to Irish lawyers in those countries in
pursuance of the Directive.
Under the Regulations, a visiting lawyer will be able to
provide professional services in this country, with the
exception of certain matters concerned with the
administration of estates and title to land which are
reserved to Irish lawyers. The visiting lawyer will be
required to use the professional title which he uses in his
home country and, when representing a client in legal
proceedings, to work in conjunction with an Irish lawyer.
The Regulations, and the Directive to which they give
effect, arc concerned only with the provision of services
i.e. activities of an occasional or temporary nature by
persons whose permanent establishment remains in
another Member State.
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