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BOOK REVIEWS
Ivamy (E. R. Hardy)—General Principles of Insurance
Law. Third edition. Pp. 646. London, Butterworth,
1975. £16.00.
Messrs. Butterworth have published a series called "In-
surance Library" and Professor Ivamy is such a master
of the subject that he has also published the other three
volumes in the series, namely "Marine Insurance", "Fire
and Motor Insurance", and "Personal Accident, Life
and other Insurances". There has been much juris-
prudence on this subject in England since 1966, when
this work was first published, and the learned author
has covered the case law in the various chapters very
fully; those who read the Preface carefully, will find
the recent cases listed. The volume consists of seven
parts—Part I—Introductory (Chapters 1 to 6) contains
such matters as Parties, Classification and Nature of a
Contract of Insurance. Part II—The Making of a Con-
tract (Chapters 7 to 15) specifies offer, acceptance,
non-disclosure and misrepresentation. Part III—The
Policy (Chapters 16 to 35) deals with alteration, rectifi-
cation, renewal and exceptions and conditions attached
to policies. In Part IV—The Claim (Chapters 36 to
40), the doctrine of proximate cause, and burden of
proof are dealt with. Part V—The Settlement of Claim
(Chapters 41 to 48) contains such matters as re-instate-
ment, subrogation and contribution. Part VI—Agency
in Insurance Transactions (Chapters 49 to 53) specifies
relationships between principal and agents as well as
third parties. Finally Part VII—Miscellaneous (Chap-
ters 54 to 55) deals with conflict of laws and the effect
of war.
It will thus be seen that this masterly work is fully
comprehensive, and absolutely essential for all practi-
tioners specialising in Insurance Law.
Bullen (E.), S. M. Leake, and I. H. Jacob—Precedents
of Pleadings in the Queen's Bench Division in the
High Court. Twelfth edition by I. H. Jacob. 8vo. Pp.
cxc, 1457. (Common Law Library No. 5). London,
Sweet & Maxwell, 1975. £ 2 5 . 0 0 .
This reviewer once heard a lecture on arbitration pro-
cedure delivered by Master Jacob, Senior Master of the
Supreme Court in England, and he was struck with the
ease and clarity which the learned lecturer dealt with
the most intricate points of practice which he obviously
knew thoroughly. It was only fitting that the task of
bringing out a new edition of Bullen & Leake should
be entrusted to his capable hands, Lord Denning had
pointed out in his foreword, Master Jacob has re-cast
the work entirely, brought in all the countless modern
developments in the law, and framed new forms of
pleading, and it is therefore most appropriate that his
name should be added to the title of the work. In the
course of a lengthy Preface explaining these new steps
Master Jacob has emphasised :
(1) The famous 3rd edition of Bullen & Leake (1868)
faithfully mirrored the pre-Judicature Acts system
of pleading.
(2) Since the Judicature Acts of 1873 and 1875, plead-
ings have continued to play the predominant role
in the practice and procedure of the Supreme
Court. Accurate clear and intelligible pleadings are
as essential today as they have ever been.
(3) It would have been easy to follow the previous
form and content hallowed by tradition. Such a
course would seem to elevate veneration to the
point of idolatry. He had therefore decided to re-
plan, refashion and rewrite the whole work.
(4) The former arrangement of the work has been
entirely discarded, and replaced by a simpler and
more modern arrangement. There are now just
Statements of Claims and Defences, without dis-
tinguishing between Contract and Tort.
(5) There has been an increase in the number of
separate subjects for which a precedent has been
provided, such as confidential information, negli-
gent misstatement, and rectification, whereas the
titles "Negligence", "Money", and "Carriers" have
been subdivided. There are now 111 Sections of
Statements of Claim, 115 Sections of Defences and
15 Sections of Subsequent Pleadings.
(6) The valuable explanatory notes have been brought
up to date.
(7) As pleadings are of crucial importance in the
machinery of justice, a clear, coherent, logical and
comprehensive examination of the Systems of
Pleadings will be found in Chapter 1.
(8) Precedents are a practical guide or model, and
should be used only with care, circumspection and
intelligence, and should be varied and adapted as
may be necessary.
The Statements of Claim alone cover 700 pages and
are arranged alphabetically from "Account" to "Work
and Services". The Defences cover more than 400 pages,
and are also arranged alphabetically.
In view of the current high prices of printing and
binding, it was inevitable that this most masterful
book of precedents should be published at a high figure,
but practitioners who often have actions in the Superior
Courts could not do without it, as it is absolutely
indispensable. The publishers are to be congratulated
on adding to the Common Law Library a volume of
precedents that is infinitely more worthy than its pre-
decessors.
Borrie (J. G.)—Commercial Law. 4th edition; pp. 396.
London: Butterworth, 1975; £5.80 (limp).
Those of us who had already advanced our knowledge
of Commercial Law under Professor Borrie's expert
guidance will not be surprised that the Dean of the
Faculty of Law in Birmingham has produced no less
than four editions of his learned work since it was first
published in 1962. Professor Borrie has wisely concen-
trated on seven subjects—Agency, Sale of Goods, Hire
Purchase and Consumer Credit, Negotiable Instru-
ments, Insurance Law, Contracts of Employment, and
Contracts with a Foreign Element—and has stated the
essential law. Perhaps the greatest service he has ren-
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