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GAZETTE
A
PRIL
1990
of Clark by reading Doolan's
Casebook in conjunction with the
reading of Clark.
For the practitioners of law, the
casebook is a useful guide for quick
reference purposes, but obviously
should not be used in preference to
the Reports themselves. However
the number of nineteenth century
judgments discussed adds to the
usefulness of the casebook for the
practitioner.
The author's exposition of the
principles of offer and acceptance,
with appropriate case law, is done
particularly well. His handling of
consideration though is somewhat
disappointing - four cases are
reported. No mention is made of
Ferrar -v- Costelloe
(1841),
Kennedy
-v- Kennedy
(1983),
Hassard
-v-
Smith
(1872),
O'Donnell
-v-
O'Sullivan
(1913),
Hibernian
Gas
Company
-v- Parry
(1841) and
B/anford & Houdret Ltd. -v- Bray
Travel Holdings Ltd & Hopkins
(1983). These cases illustrate
respectively the concept of con-
sideration, that consideration need
not be adequate, that there may be
circumstances where the adequacy
of consideration might be relevant,
where a compromise will not be
upheld, the recording of considera-
tion in a written memorandum and
forebearance. The author states
that "it is a complete defence in an
action in contract to prove that no
consideration was given". In his
desire to keep the publication
uncomplicated the author has
surely misled the reader. The
author could have mentioned the
Irish decision of
Drimmie -v- Davies
(1899) as an illustration that a
contract under seal is an exception
to the general rule that considera-
tion must be present.
In dealing with evidentiary re-
quirements, the author makes no
mention of the requirements for
contracts for the sale of goods in
excess of £10. The recent Irish case
(Tradax (Ireland) Ltd -v- Irish Grain
Board Ltd
(1984)) on this point is
discussed only in another context.
In contrast to these inad-
equacies, the author's handling of
the difficult area of "subject to
contract" and the manner in which
he distinguishes the four decisions
covered is both refreshing and
helpful. His illustration of exempt-
ion clauses is also commendable.
In dealing with capacity,
curiously no room is made for
drunkenness. However the inclusion
of the judgment in the diplomatic
immunity decision of
Saorstat &
Continental Streamship Co. Ltd -v-
De Las Morenas
(1945) is helpful to
any lawyer faced with a client who
has entered into a contract with a
member of the diplomatic community.
No room is given for negligent
misrepresentation and therefore no
mention is made of
Securities Trust
Ltd. -v- Hugh Moore & Alexander
Ltd.
(1964),
Bank of Ireland -v-
Smith
(1966) or
Stafford-v- Keane
Mahony Smith
(1980).
Although eight cases are devoted
to damages (including
Hadley -v-
Baxendale)
the principles of
Hadley
-v- Baxendale
might have been
illustrated more effectively by
either including
Stoney -v- Foley
(1897),
Lee and Donoghue
-v-
Rowan
(1981) and
Malone
-v-
Ma/one
(1982) or by setting out
more stridently the application of
the two limbs of
Hadley
-v-
Bacendale.
No mention is made of
mitigation of damages - an
important area in practice.
To conclude, Mr. Doolan must be
commended for putting together so
many forgotten reported decisions
as well as modern unreported ones
in a very readable casebook. Al-
though certain topics, as indicated
above, could be expanded, I would
recommend the casebook as essen-
tial reading to any student of Irish
contract law. It comes at a price of
a good evening's drinking and is
therefore affordable by any student.
WI L L I AM J O H N S T ON
Founded in 1973
Irish Affiliate to the
Fédération Internationale
Pour le Droit Européen (F.I.D.E.)
Correspondence
The Editor,
The Gazette,
Blackhall Place,
Dublin 7.
20th April 1990
Re: Solicitors Voluntary Levy for
the Free Legal Advica Cantras
Dear Sir,
Through the courtesy of your
letter page I would like to express
my sincere thanks, on behalf of the
Free Legal Advice Centres, to the
many solicitors who contributed
generously to the voluntary levy for
the support of the FLAC.
FLAC has always relied upon the
goodwill and support of the legal
profession to allow us to continue
our work. Since FLAC's grant from
the Department of Justice stopped
in 1980 FLAC has been dependent
on the charity of the professions for
its survival.
On
numerous
occasions FLAC has been rescued
from closure by such financial
assistance. This voluntary sub-
scription represents the pro-
fession's commitment to the work
of FLAC and is our only guarantee
of funding.
I again thank you for the many
contributions and look forward to
continued support in the future.
Yours sincerely,
EILIS BARRY
FLAC,
49 South William St.,
Dublin 2.
President:
The Hon. Mr. Justice Brian Walsh
Chairman:
Mr. Eamonn G. Hall, Solicitor
Programme for Spring/Summer 1990
1 Tuesday, Jnly 17th, 1990:
Mary Robinson, Senior Counsel, Director Irish Centre for European Law, National
Rapporteur, FIDE (Madrid — 1990) Congress —
Public Procurement.
Lectures take place at 8.15 pm at the
Kildare Street and University Club,
17 St.
Stephen's Green, Dublin 2, by kind permission.
Members and their guests are invited to join the Committee and guest speakers
for dinner at the Club at 6.15 pm on the evening of each lecture. Members intending
to dine must communicate with the Membership Secretary, Jean Fitzpatrick,
Solicitor's Office, Telecom Eireann, Harcourt Centre, 52 Harcourt Street Dublin
2. (Tel. 01-714444 ext. 5929, Fax. 01-6793980, Electronic Mail (Eirmail) (Dialcom)
74: EIM076) not later than two days before the dinner, as advance notice must
be given to the Club.
Membership of the Society is open to lawyers and to others interested in European
Law. The current annual subscription is £15.00 (£10 for students, banisters and
solicitors in the first three years of practice). Membership forms and further details
may be obtained from the Membership Secretary.
The Irish Society for European Law
151