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GAZETTE
JULY/AUGUS
T 1982
otherwise; for
Contract
is rich in Irish judicial
precedents.
The layout of the book is standard. Part 1 consists
of chapters dealing with Offer and Acceptance,
Consideration, Intention and Formal Requirements.
The author could usefully have mentioned the
Consumer Information Act, 1978 in page 5 when
commenting on criminal prosecutions for misleading
advertising.
Part II covers Contract Terms and Exemption
Clauses. The section in Chapter 7 headed "Statutory
Intervention" treats the Sale of Goods and Supply of
Services Act, 1980 in a very scant fashion, despite the
author's acknowledgement in the Preface of the
"sweeping changes initiated by the 1980 legislation."
The effect of Section 22 of the 1980 Act on basic
contract terms, is surely of such importance that it
merits more than the comment "Readers are referred
to O'Malley, Business Law."
Four chapters dealing with the vitiating factors of
Mistake, Misrepresentation, Duress and Undue
Influence make up Part III. The new statutory right
to damages for innocent misrepresentation under
S45(l) of the 1980 Act, is clearly outlined in Chapter
10, and Chapter 12 includes a most interesting
section on the extent of equitable relief available in
respect of 'Unconscionable Bargains'.
The topic of Illegality is competently handled in
Part IV, whilst Contractual Capacity is dealt with in
Part V. In the context of contractual capacity of
Infants, it would have been useful if the author had
included some comment on the United Kingdom
cases of
Coutts & Co. -v- Browne-Lecky
(1947) and
Yeoman Credit Ltd. -v- Latter
(1961).
The remaining parts of the book deal with privity,
Discharge and Remedies for breach of contract. In
respect of Remedies, the author confines his
attention in the final part to damages, although some
equitable remedies such as Specific Performance,
Rescission and Rectification are mentioned in earlier
chapters.
A most stimulating feature of the work is the
manner in which the author constructively criticises
case law (and occasionally statutory) sources.
Examples are to be found in Chapters 11 and 13,
where the Supreme Court decisions in
Rogers -v-
Louth
C.C. (1981) and
Gavin Lowe Ltd. -v- Field
(1942) are examined.
A dilemma facing any author with a limitation on
the length of his work is the balance to be struck
between the width and the depth of treatment of his
subject matter. He can try to treat each topic to the
same depth or, perhaps more picturesquely, he can
endeavour to apply the paint evenly over the whole
canvas. This the author has not done. Instead, he has
applied the paint liberally in some places e.g.
Illegality; and thinly in other parts, e.g. Statutory
Intervention and Exemption Clauses. There are also
gaps. For example, Assignment of Contractual
Rights is not covered. However, given his
publishers' guidelines on length, the author's
approach is both understandable and acceptable.
Contract
is modelled on the "Concise College
Texts" series. Does inclusion in such a series not
presuppose the existence of at least one major
definitive work on Irish Contract Law? In its
absence, I hope the publishers will permit the author
to develop and expand this most useful book in
subsequent editions. Robert Clark has certainly
whetted your reviewer's appetite for more.
Henry Ellis
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