The Gazette 1967/71

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so as to bring into operation the implied term of
section 14 (1) Sales of Goods Act, 1893, that the
goods correctly described, are fit for the purpose
of being re-sold in the foreign market.
(Teheran-Europe Co. Ltd. v. S. T. Belton
(Tractors) Ltd. (1968) 2 AER 886). [This de
cision of the Court of repeal reverses in part the
decision of Donaldson J. reported in (1968) 2
WLR 523, reported in Vol. 61, No. 7, Jan. 1968
page 65 of the Society's Gazette.].
Auction— Disputed Bid
The defendant auctioneers put a property up for
sale by auction. The reserve price was £25,800.
The bidding opened at £10,066 and the plaintiff
and the auctioneers, on behalf of the vendors,
made alternate bids, culminating in a bid of
£26,000 at about the same time as the plaintiff's
final bid was made, but the auctioneer did not
see D's. bid. When D. realised that the accepted
bid was not his, he protested. The auctioneers'
clerk corroborated D's bid. Acting under condition
2 (3) of the National Conditions of Sale (17th
edn.) the auctioneer decided that there was "a
dispute . . . respecting a bid" and put the property
up again for sale. The plaintiff and D. bid and
the property was knocked down to the plaintiff
at £37,500. The plaintiff claimed damages of
£11,500 against the auctioneers—the difference
between £37,500 and £26,000. That claim was
dismissed and the plaintiff appealed.
The Court of Ap consisting of Harman,
Russell and Widgery .) held on 26th April
1968 that on the facts e was ,'dispute respect
ing a bid" within the meaning of condition 2 (3)
and the auctioneer had acted properly in putting
up the property for sale again.
(Richard v. Phillips and Others [1968] 2 All
E.R. 859). (The New Law Journal, vol. 118, No.
5346 page 661.
COMPUTERS AND THE LAW
A public lecture on this subject will be given by
Dr. G. B. F. Niblett of the United Kingdom
Atomic Energy Authority on Friday 1st Novem
ber at 8 p.m., at Ely Hall, Ely Place, Dublin 2.
Dr. Niblett who has both scientific and legal
qualifications is a recognised authority on this
subject. He is working on a programme to put
all British statutes on a computer.
INDEX OF STATUTORY INSTRUMENTS
(Published since February 1968 but excluding those
Statutory Instruments appearing in a list prepared by
the Society and published in the Society's Gazette of
April 1968. The list is not intended to be compre
hensive and consists merely of those Statutory Instru
ments which have been forwarded to the Society by the
various Departments of Government during the past
number of months).
AGRICULTURE, LAND AND FISHERIES
Subject matter and reference numbers
An Bord Grain, (Assignment of additional functions)
Order 1968—assigns to An Bord Grain the addi
tional functions of purchasing and reselling of home
grown oats—180/1968.
Bovine Tuberculosis Order of 1926 (Revocation) Order
—order revokes 1926 Order which was adminis
tered by the local authorities and referred to certain
clinical forms of bovine tuberculosis—161/1968.
Brucellosis in Cattle (Disease—Free Area) Order
112/1968.
Brucellosis in Cattle (Movement Control) (Amend
ment) (No. 2) Order amending a similar order of
1967 and providing for the movement of eligible
animals from certified herds—113/1968.
Brucellosis in Cattle (Control of Vaccinations) Order—
revokes a similar order S.I. No. 199 of 1966—160/
1968.
Committees of Agriculture (Salaries of Officers) Re
gulations. 65/1968.
Cork District Milk Board (Election Day 1968) Order—
167/1968.
Dublin District Milk Board (Election Day 1968) Order
—119/1968.
Foot and Mouth Disease (Restriction on the Movement
of Persons Order (Amendment) Order 1968—
59/1968.
Foot and Mouth Disease (Restriction of Import of
Vehicles, Machinery and other Equipment) Order
(Revocation) Order—60/1968.
Foot and Mouth Disease (Restriction of Sports and
Sales) Order (Revocation) Order—61/1968.
Foot and Mouth Disease (Merchant Shipping) Orders
(Revocation) Order, 62/1968.
Foot and Mouth Disease (Restriction on Entry of Persons
into the State) Order (Revocation) Order 1968—
78/1968.
Foot and Mouth Disease (Restriction on the Movement
of Persons (No. 2) Order, 1968—79/1968.
Foot and Mouth Disease (Importation of Animals)
Order (Revocation) Order, 1968—149/1968.
Game Birds Protection Order 1968—extends in respect
of the period 1968/69, the annual close seasons
prescribed in the Game Preservation Act 1930 for
the Game birds listed in the order—136/1968.
Game Birds Protection (Lough Carra, County Mayo)
Order, 1968—prohibits the killing or taking of any
game birds on the water surface or on the islands
of Lough Carra, Co. Mayo for the period of one
year from the making of the order (20/8/1968)—
176/1968.
Hares Protection (County Cork) Order, 1968—93/
1968.
Protection of Animals (Approved Spring Traps) Order
1968—116/1968.
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