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GAZETTE
MARCH 1980
ordinary experience, be required to prove that a solicitor
had an authority to make a memorandum as to legal
evidence of a concluded contract" is of considerable
importance. It is of significance that, in the Irish Inter-
continental Bank case and the Mclnerney v. Roper case,
the question of the solicitor's authority was not
challenged.
The position with regard to house agents' authority to
bind their principals, as distinct from auctioneers
conducting a public auction where the authority to bind
both vendor and highest bidder is clear, will depend on the
facts of each individual case and it would be unwise to
assume that the Court would readily reject the agents'
implied authority on behalf of a vendor.
The final point raised under this heading was a
"general disclaimer", which apparently is being used by a
substantial public company, to the effect that nobody has
authority to bind the company until there is a contract
executed by it under its seal. However ideal a situation
this might be from the company's point of view, at first
sight, it must be suggested that not very many parties
might wish to deal with the company on that basis. At the
very least, another party might wish to adopt precisely the
same attitude, which would hardly be conducive to
fruitful negotiations.
(4) Booking Deposit
While the position with regard to booking deposits
cannot be said to be entirely clear, in the absence of any
reported decisions, it is felt that the initial purpose of a
booking deposit, as first introduced by builders selling
new houses was to be merely an earnest of the
Purchaser's good faith sufficient to induce the builder to
reserve a particular house or site for the purchaser for the
period necessary for him to complete a contract for the
purchase of the house or site. It is believed that each party
contemplates that neither party is absolutely bound, but
that the prospective purchaser has a first option on the
house providing that he moves smartly to enter into a
contract.
(The author is most grateful to Mr. Charles Meredith
for the excellent notes which he took of the discussion
which has enabled the writer to refer to the various points
raised.)
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