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GAZETTE
SEPTEMBER1983
BOOK REVIEW
SALE OF GOODS AND SUPPLY OF SERVICES. A
guide to the Legislation. By Vincent Grogan, Thelma King
and Edward J. Donelan. The Incorporated Law Society of
Ireland, xxii and 133 pp. £6.00.
This book is the second guide to be published on those
two major pieces of legislation to protect the consumer,
the Consumer Information Act, 1978, and the Sale of
Goods and Supply of Services Act, 1980, which followed
the Whincup Report of 1973 and the recommendations of
the National Consumer Advisory Council a year later.
The first set of guides (there was one on each Act) was
published quite some time ago by the Office of Consumer
Affairs.
The book, a paperback, is not long, being only 128
pages in length or perhaps one should say 196 paragraphs
because the authors have placed the sections of the Acts in
the order they hope will seem to be the most logical and
have numbered the text in paragraphs for easy reference.
It is described in the Foreword as "an annotated consoli-
dation of the statute law". Although the Guide is a short
work, tables of contents, statutes and cases, and an Index
have been added which make it easier to use.
The task which the authors have given themselves of
compressing the text of a great amount of legislation and
providing a commentary in the small space of 128 pages is
an unenviable one. The way in which they deal with the
problem is not to provide a commentary on all the
sections quoted. They have taken the view that as there is
no shortage of books on the 1893 Act unamended sections
of the 1893 Act are, in general, allowed to speak for
themselves. This approach should not prove to be a
hindrance to the practitioner who has a well-stocked
library but may not find sympathy among students.
The book commences with an examination of the
interpretation sections of the 1893 Act and the 1980 Act.
Here, the authors give the text of the provisions
concerning two new concepts introduced by the 1980 Act,
namely, "dealing as consumer" and the test of fairness
and reasonableness. A useful list, which indicates careful
analysis of the 1980 Act, is provided (at p.5) of places
where the term "dealing as consumer" appears but
perhaps some specific warning as to the importance of
these provisions ought to have been given, say, by means
of a historical introduction at the beginning of the book.
Included, also, are two further lists: when Orders may be
made by the Minister (at p.9); when, for the first time,
criminal liability is imposed for non-compliance with the
Act's provisions (at p. 10).
In chapter 2 the reader is introduced to the
amendments made to the 1893 Act by the 1980 Act. Every
such amendment, one is informed, (at p. 11), "is carried
out by the substitution, for the original section, of a new
section bearing the same number." The substitutions are
summarised in a table on this page. While chapter 1
incorporated Part I of the 1980 Act and most of the
provisions of Part VI of the 1893 Act, this chapter sets out
the text of Parts I to V of the 1893 Act as amended by
Part II of the 1980 Act, and follows the order of sections in
the 1893 Act.
The discussion of the buyer's right to reject defective
goods at pages 15 to 16 is instructive but then the reader
should turn immediately to the text of section 18 rule 1 of
260
the 1893 Act at page 32 and the treatment of sections 34
and 35, as substituted, of the 1893 Act at pages 38 to 39 to
understand clearly what is meant by "acceptance". This is
something of which the authors could perhaps have
notified the reader. The authors give what could be useful
practical advice at page 1& on the relationship between
section 13 of the 1893 Act, as substituted, and section 17
of the Merchandise Marks Act, 1887. Section 14 of the
1893 Act, as substituted, now contains a definition of
"merchantable quality" and the authors' detailed
analysis of the definition merits careful study. Sections 11
to 19 and 22 to 24 of the 1980 Act are entirely new. The
authors' comments on section 11 (the text of which may
be read with profit at the same time as the text of section
22 of the 1980 Act, which by substituting a new section 55
in the 1893 Act, severely restricts the seller's powers of
exclusion) will be of particular interest to practitioners,
but they are not really sufficient for a draftsman of
conditions of sale trying to ensure that his conditions will
not be in breach of the Act. There is a long discussion of
section 13 (at pages 25 to 26) but, unfortunately, the
authors do not comment on section 13(7) which is an
important example of the abandonment of the doctrine of
privity of contract. The discussion by the authors of the
legal status of manufacturers' guarantees in their
treatment of such documents was interesting but perhaps
a little too theoretical for a work of this type.
As the authors took the view that commentary was not
necessary in general on unamended sections of the 1893
Act in the next fifteen pages the text of the provisions of
Parts II to V of the 1893 Act is set out with hardly any
comment save for that on sections 35 and 53, as substi-
tuted by the 1980 Act. This lack of comment may not find
favour with all readers but can be explained by the fact, as
already indicated, that it was part of the authors' overall
plan in their work. It should be said, however, concerning
these pages (pages 31 to 46 inclusive) that although a
reference was made at the foot of the text of section 18 (at
page 33) to
In re. Interview Ltd.
[1975] I.R. 382 there was
no reference to later Irish and English cases concerning
retention of title clauses. Surely, also, the case of
Flynn-v-
Mackin and Mahon
[1974] I.R. 101 deserved a mention.
This pattern was not followed in Chapter 3 on Hire-
Purchase and Letting of Go ods where, in addition to the
text of the relevant legislation, there are plentiful
references to Irish as well as English cases.
McDonald-v-
Bowmaker (Ireland) Ltd.
[1950] 84 I.L.T.R. 54 (officially
reported at [1949] I.R. 317) was referred to with approval
by Lord Justice Willmer in
Mercantile Credit Co. Ltd.
-v-
Cross
[1965] I A l l E.R. 577, C.A., but the authors,
surprisingly, omitted this fact. Not one of the cases
referred to was discussed. This is in contrast to the
treatment given to the chapter on Sale of Goods where
some of the cases cited were discussed. In this chapter the
reader will find commentary, albeit somewhat brief in
places, on sections of the Hire-Purchase Acts whether or
not amended by the 1980 Act. In this chapter, also, there
is an interesting comment on the differences between the
definition in the Hire Purchase Acts of "hire-purchase
agreement" and of "credit sale agreement". A reference
to the legislation to which credit-sale agreements are
subject would have been appropriate but none was given.
However, the regulation by statute of hiring agreements
(as distinct from hire-purchase agreements) is clarified.
An attractive feature of this chapter — a feature