268 / 274
Order, 1972 (S.I. No. 305) - Industrial
Training Act, 1967, s. 21 - (1974 No. 3902P
- McMahon J. - 28/5/76).
City View Press Ltd.
v.
An Comhairle
Oiliúnta (Training Board).
CONTEMPT OF COURT
Punishment
Criminal contempt — Scandalising court —
Custody proceedings — Custody of infants
contested between parents — Proceedings
heard in camera — Names of infants and
photographs revealed in biased article by
journalist who also attacked competence and
integrity of court — Apology — Fine imposed
with imprisonment in default — (142/75 —
Supreme Court - 7/7/76).
In re McCann A Kennedy.
CONTRACT
Breach
Damages - Building contract - New
dwelling - No express standards - Proper
workmanlike standards implied - Cost of
remedial work - Cost fixed upon prices
existing at date of first reasonable opportunity
to remedy breaches - Damages for owner's
inconvenience and lack of enjoyment - (1974
No. 1987P - McMahon J. - 19/5/76).
Johnson
v.
Longleat Properties.
Breach
Liability — Building contract - Sub contract
— Employer nominating sub-contractor to
erect roof of factory in accordance with sub-
contractor's design - Roof defective
Damage resulting from faulty design and
poor materials —Contractor liable generally
for defective workmanship and materials of
sub-contractor — Contractor not liable for
damage resulting from faulty design of sub-
contractor — Measure of damages
recoverable — Cost of remedial work — Cost
fixed upon prices existing at date of first
reasonable opportunity to remedy defect —
(1976 No. 101 SS - McMahon J. - 3/6/76).
Norta Wallpapers (Ir.) Ltd.,
v.
John Sisk A
Son (Dublin) Ltd.
Compromise
Breach —Settlement of action for breach of
building contract - Failure of defendant to
implement settlement - Cause of action for
breach of compromise - (1975 No. 4344P -
McWilliam J. - 22/6/76.
Murphy
v.
Quality Homes.
Discharge
Implied term — Appointment of doctor to
private hospital — Hospital financed and
managed under charitable trusts of will -
Appointment permanent unless terminated by
governors if insufficient funds available to
enable hospital to continue in operation or
unless "it should have to close down for any
other reason" —Hospital ceasing as private
hospital - Termination of appointment valid
as term implied that power to terminate
operable upon hospital ceasing to operate
under management and control of governors
and trustees of the charity - (1964 No. 4 Sp.
- Gannon J. - 9/7/76)
Browne
v.
Mulligan.
Formation
Terms - Knowledge of terms - Foreigner
signing agreement without knowledge of
existence of important express term and
without appreciation of the function of a
deposit in a sale of land - Whether foreigner
bound by agreement - Plaintiff foreigner
recovering deposit — (1975 No. 748P -
Finlay P. - 1/6/76).
Siebel
v.
Kent.
Formation
Terms — Price — No price fixed by parties —
Provision in agreement that price to be fixed
as if circumstances suitable for application of
machinery of named statute — No person
designated to fix price — Official having
power for purposes of statute but refusing to
fix price for other purposes —Court having
no function to nominate person to ascertain
price — No concluded agreement — (1973
No. 236IP - Hamilton J. - 18/6/76).
Carr v. Phelan.
Implied Term
Agency — Plaintiff sole distributing agent for
defendant's goods — Implied term that
plaintiff would not deal in goods of
defendant's competitors — Termination of
agency - Implied term that agency
terminable by reasonable notice of
termination - (1974 No. 3565P - Finlay P.
- 8/10/76).
Irish Welding Ltd.
v.
Philips Electrical (Ir.).
Implied Term
Set off — Implied exclusion of common law
right of set off by provisions of building
contract which were inconsistent with
exercise of that right - (1976 No. 1124 -
Finlay P. - 15/11/76).
John Sisk A Sons Ltd. V. Lawter Products
B.V.
Rescission
Contract by defendant Building Society to
lend plaintiff money in return for mortgage of
plaintiffs lands - Express power of defendant
to rescind unilaterally before completion of
mortgage — Additional term insisted upon by
defendant that plaintiff should procure from
third parties substantial investments in
defendant Society — Investments procured by
plaintiff — Subsequent rescission by
defendant of contract to lend - Rescission not
valid as plaintiff had altered his position —
Contract to lend money not enforceable
specificially — Assessment of plaintiffs
damages to await further evidence — (1974
No. 230P - Finlay P. - 4/3/76).
Duggan v. Allied Irish Building Society.
Terms
Set off — Interim certificate issued to
contractor by architect in course of
performance of building contract — Failure of
employer to pay sum certified — Contractor's
motion for summary judgment — Employer
claiming right to set off unproved and
unquantified counterclaims — Common law
right of set-off insconsistent with terms of
building contract — Contractor entitled to
summary judgment for amount certified —
(1976 No. 1124. - Finlay P. - 15/11/76).
John Sisk A Son Ltd. v. Lawter Products
B.V.
CRIMINAL LAW
Adjournment
Remand — Jurisdiction —Return for trial —
Return to Central Criminal Court —
Adjournment and remand of accused in
custody — Orders made before arraignment —
Court having jurisdiction to make such orders
- Habeas Corpus refused - (1976 No. 230
SS - McWilliam J. - 27/8/76).
The State (Pender)
v.
Governor of Mountjoy
Prison.
Appeal
Court of Criminal Appeal - Function -
Findings of fact and inferences therefrom
made by court of trial — Treatment of such
findings and inferences by court of appeal —
The S.S. Gairloch
(1899) 2 I.R. 1 applied -
(5-8/1976 - C.C.A. - 16/11/76).
The People (D.P.P.)
v.
Madden A Ors.
Assault
Assault at coiqmon law charged —Trial —
Whether charge triable summarily — No
offence created by s.42 of Offences Against
the Person Act, 1861 - Section 11 of
Criminal Justice Act, 1951 — Summary trial
authorised - (1976 No. 365 SS - Finlay P. -
29/11/76).
The Attorney General (O'Connor) v. O'Reilly.
Detention
Treatment of detainee - Conduct of police
enquiry — Whether ill-treatment would
invalidate lawfulness of detention — (1976
No. 439 SS - Finlay P. - 14/12/76).
The State (Harrington)
v.
Commissioner of
Garda Síochána.
Evidence
Admissibility — Statement of suspect in
detention —Statement made after expiration
of 48 hours of lawful detention - Statement
inadmissible - (5-8/1976 - C.C.A. -
16/11/76).
The People
(D.PB.) v. Madden A Ors.
Extradition
Corresponding offence — Foreign warrant —
Warrant reciting charge of offence contrary
to s. 7 of Forgery Act, 1913 — Enactment also
in force in Ireland — Description of offence in
warrant omitting "with intent to defraud" -
Omission of phrase not fatal as obvious that
offence under s. 7 of Act of 1913 was charged
- (86/75 - Supreme Court - 5/7/76).
Ditff v. Sheehan.
Extradition
Corresponding offence — Question of mixed
fact and law - District Justice having power
to state Case - (111/76 - Supreme Court -
22/7/76).
Murphy
v.
Bayliss.
Extradition
Foreign warrant - Validity of warrant
presumed "unless the Court sees good reason
to the contrary" — Order of District Court for
delivery of accused to foreign police for
conveyance outside the State — Accused
applying for habeas corpus in High Court —
Application for leave to adduce evidence of
foreign law to extablish that foreign court
issued warrant without jurisdiction -
Application refused wrongfully — Extradition
Act, 1965, s. 55 - (124/75 - Supreme Court
- 1/6/76).
Gillespie v. The Attorney General.
Fisheries
Foreign vessel — Entry within fishery limits —
Master of foreign sea-fishing boat — Charge
that boat entered unlawfully within the
exclusive fishery limits of the State contrary
to s. 221 of Fisheries Act, 1959 - Charge
containing additional statement that person
on board boat attempted to fish - Statement
inserted because penalty for conviction
affected by facts in statement if proved —
Conviction in terms of charge — Conviction
valid —Section creating one offence only -
Penalty increased if offence accompanied by