399 / 736
amended, because we feel here, and many of our Pro
fessional brethren feel the same, that
this is a very
onerous paragraph and a very unfair paragraph so far
as the Purchaser is concerned.
I shall be obliged if you will let me hear from you as
soon as convenient.
A LIMERICK MEMBER
Dear Sir,
3rd February 1970.
I have your letter of January 2yth en the subject of
paragraph 26 of the Society's contract for sale by private
tie:.ty. A similar provision appears at paragraph 28 of the
general conditions of sale by public auction. This matter
was carefully considered by Mr. C. F. Matheson S.C.,
conveyancing Counsel and by
the committee which
finally approved of the conditions. These clauses were
considered absolutely essential in the interests of the
vendor who has no
information whatever as
to
the
nationality or status of
a purchaser. The purchaser
whether by private treaty or public auction must know
h's own legal position and he should not sign the contract
or bid at the auction unless he is satisfied that he will be
in a position to have the property effectually vested in
himself. This is for himself and hs legal advisers—not
for the vendor.
Consider
the ultimate position
if
this clause were
omitted. A foreigner signs a contract or bids at an auction
without disclosing the position. He finds he cannot obtain
consent from the Land Commission and refuses to com
plete. Counsel has advised that he might be entitled to
refuse en the ground of frustration of the contract. In
any event the vendor instead of his purchase money would
be faced with a law suit. Counsel advises that the vendor's
solicitor who allowed his client to get into this position
might be held responsible in negligence.
I hope this explanation will satisfy your members but
if you have any further observations I shall be glad to
receive them.
Yours faithfully,
ERIC A. PLUNKETT,
Secretary.
INTERNATIONAL BAR ASSOCIATION
HEADQUARTERS :
501 FIFTH AVENUE
NEW YORK, N.Y. 10017
Circular to Member Organisations:
Re:
LAWYER EXCHANGE
PROGRAMME
Our Council has previously approved in principle
a Lawyer Exchange Programme designed to assist
lawyers who wish to spend some period of time in
another country for the purpose of familiarization
with the language, customs, and practice of law in
that country. From past experience it seems that
such a programme to be effective, should be on a
bi-lateral basis. The practical approach is through
our Member Organizations. A number of national
bar associations have established committees to
investigate the possibilities of such a programme,
and
in a few instances have put a plan into
operation
At the Council Meeting in Ankara the Secretary
Genera] was directed to communicate with Mem
ber Organisations and request them to name a
representative of their bar association to act as
liaison for this programme and to be responsible
for local arrangements.
Accordingly, it would be appreciated if our
Member Organizations will appoint an individual
lawyer representative and advise the Secretary
General in New York and the Director-General
Sir Thomas Lund, at the office in London—14
Waterloo Place, London S.W.I.—of the name of
their representative.
This programme is an interesting and effective
means of accomplishing one of the basic aims of
the IBA, and the full support of our Member
Organizations is urgently requested.
Sincerely yours,
GERALD J. McMAHON,
Secretary General.
THE REGISTRY
REGISTER A
Assistant Solicitor wanted for established Dublin Office.
Probate and Administration experience desirable. Salary
commensurate with experience. Partnership prospects
for suitable applicant. Box No. A 273.
REGISTER C
For sale a number of deed boxes, various sizes, surplus
to advertiser's requirements. Box No. C. 196.
Estate Michael O'Sullivan late of " The Hollies," Caragh
Lake, Co. Kerry, Pensioner, Deceased, who died on the
14th January 1970. Deceased was
a patient at the Bon
Secours Hospital, Cork, between ia.th June 1964 and
22nd August 1964. Will any Solicitor having know
ledge as to the whereabout of any will made by the
above named deceased, please communicate with the
undersigned Solicitor for the next of kin—William A.
Crowley, Scl'citor, Killorglin, County Kerry.
Daniel Miynihan, D:ceased. The above died
in St.
Patricks 'Hospital, James' Street, Dublin, on the i8th
September 1969, where he had been a patient for a
number of years. His previous address and which he
also used in recent times was c/o Mrs. Maguire 163
Inrhicore Road, Dublin 8. He was a bachelor and a
retired Railwav Inspector from the main Dublin-'Tralee
line. He also lived in Cork city, Mallow and Tralee.
Anyone wh" knows of the Deceased having made a
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