133 / 298
GAZETTE
JULY-AUGUST 1981
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.
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.
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.
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 :-
"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)
133