497 / 736
the client would not have heeded the advice, appear^
to follow from the fact that the onlv witness on this
issue in the Sykes case, though pressed by the trial
judge, could say only that he did not know whether
the advice would have been heeded or not.
— (The New Law Journal, March 19. 1970)
BOOK REVIEW
KEETON (George W.) and Lionel A Sheridan
— Equity — 8 vo., Pp. LXXX, 585, Belfast,
Northern Ireland Legal Juarterly Inc., 1969,
.
£5.
Profesor Keaton's "Introduction to Equity"
and "The Law of Trusts" and Professor Sheridan's
"Irish Supplement" to these works have been
combined in a more extensive manner in this
composite volume. It need not be stressed that
the 1925 property legislation has made radical
alterations to English law, and, to say the least, it
was courageous of the authors to provide
a textbook on Equity that would be as
useful to English as to Irish lawyers. As
far as the latter are concerned, this attempt
would appear to have failed, because presumably
space prevented the authors from mentioning at
least 50 important Irish decisions, which have
been checked. This is unfortunate, because the
book is well printed, and the contents, as far as
the English practitioners are concerned, are most
readable.
In a subsequent edition, it would be worth
adding a few pages to incorporate these vital
and essential Irish decisions: the manner in
which the Succession Act 1965 is tackled in
footnotes in dealing with Administration of
Estates would hardly appeal to readers and would
require elaboration in the text.
The fact that the Irish Judicature Act of 1877
has no application to current Irish Courts estab
lished under the 1937 Constitution by the Courts
(Establishment and Constitution) Act 1961 has not
been noted. The distinction between the Irish Free
State Courts arising from the Courts of Justice
Act 1924, and the Republic of Ireland Courts
established in 1961 which the Supreme Court has
emphasised has not been noted. The learned
authors set themselves a task which proved to be
too ambitious as far as Irish law are concerned.
One can only add that the expense of issuing a
separate volume incorporating the Irish case law
on Equity, particularly in the last 50 years is
more essential now than ever.
DANGERS OF SIGNING CONTRACTS
WITHOUT LEGAL ADVICE
The attention of the Society has been drawn
to the dangers attendant on purchasers signing
contracts or conditions of sale by private treaty
•or public auction without reference to their
solicitors. The Society has made available to
members standard conditions of sale by public
auction and private treaty which endeavour to
represent a fair balance between the interests of
vendors and purchasers. It is however virtually
impossible to reconcile such interests in every
case. Apart from the general standard conditions
there are always special stipulations as to title,
closing dates, interest a;nl other matters on which
a prudent purchaser will need to have professional
advice. In the ordinary way the conditions of sale
by public auction, prepared by the solicitor are
handed out to the auctioneer having carriage and
purchasers frequently call on the auctioneers
offices to take up a copy of the contract. In some
cases the purchaser will sign the contract in the
presence of the auctioneer without any further
advice.
Jt is not part of the duty of the solicitor for
the vendor or the auctioneer to explain to a
prospective purchaser the various stipulations in
the agreement insofar as they affect the rights
and obligations of the purchaser. All that the
solicitor for the vendor or auctioneer need do is
to fill in the amount of the price, the deposit and
where appropriate the auctioneer's fee. The con
tract, when signed by the purchaser and accepted
by the vendor is binding on him. Members of the
public who complete contracts for the purchase
of property without advice from their own
solicitors run the risk of losing their deposits or
suffer other adverse financial consequences. This
is particularly the case when the purchase money
is being brought with the aid of a loan to be
secured on the title deeds of the premises. Even
if the loan is not subsequently forthcoming the
purchaser would be held to his bargain with the
vendor.
CORRESPONDENCE
Dear Mr. Plunkett,
3rd June, 1970
T think the Society sometime ago was contemt>Iating
issuing a general form of Requisitions on Title and
43