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GAZETTE
NOVEMBER 1983
noticeable elsewhere in the work — is that much practical
advice is given to the reader.
In chapter 4 the text of Part IV of the 1980 Act is given
and there is an interesting discussion of section 39 which
implies terms as to quality of service. Chapter 5 covers
Misrepresentation and there is a detailed analysis of the
meaning of sections 44 to 46 of the 1980 Act. Chapter 6
deals with Part VI of the 1980 Act but the lack of
treatment of section 47 on unsolicited goods was
disappointing.
While the authors made no criticism of the legislation
in previous chapters they were, in chapter 7, critical of the
method adopted in the Consumer Information Act, 1978,
of merely amending and replacing certain sections of the
Merchandise Marks Act, 1887, and said that it was
unfortunate that the example in the Trade Descriptions
Act, 1968 (U.K.) of replacing and modernising the 1887
Act was not followed. The authors' comments on the
sections of the 1978 Act are interesting and informative.
For example, they point out that the defences prescribed
by section 22 are not available for offences under section 8
concerning misleading advertisements and suggest that
publishers of advertising materials as well as persons
requesting publication may be liable to prosecution under
the Act. The authors refer readers to the equivalent
provisions, if any exist, in the U.K. Act of 1968 and point
out the differences between the two Acts. Two final points
concerning this chapter: firstly, your reviewer found the
major part of the discussion on the Director of Consumer
Affairs, the Office and staff as being out of place in this
work. Secondly, although the authors refer to the
important case of
Tesco Supermarkets Ltd.
-v-
Nattrass
[1972] A.C. 153 and discuss its facts and explain the
decision, no effort was made to assess the effect of the
case.
Although this is a well-produced book your reviewer
had some misgivings concerning presentation: Page 6: In
their comment on section 3 of the 1980 Act the authors
refer to paragraph (a). They are, of course, referring to
subsection (1) (a) of section 3; Page 19: In the comment on
section 14 of the 1893 Act, as substituted, it is stated that
twenty-three words (which are quoted) do not appear in
the equivalent definition of "merchantable quality" in
section 7 of the Supply of Goods (Implied Terms) Act,
1973 (U.K.). The definition in section 14 has only three
additional words (viz. "and as durable,"); Page 68: In line
9 of the commentary read "section 6 of the 1946 Act" for
"section 6 of the 1949 Act"; Page 106: The effect of
section 4(2) of the 1978 Act is to confine section 2(2) of the
1887 Act, insofar as it relates to trade descriptions, to
sales in the course of trade, business or profession and not
trade, business or manufacture as stated by the authors;
page 125: The authors believe that the requirements of
section 22(2) must be followed in order to rely on any of
the defences in section 22(1). This is not what is stated in
the Act. The requirements of subsection (2) need only be
followed where the defence involves the allegation that
the commission of the offence was due to the act or
default of another person or to reliance on information
supplied by another person. One wonders why the
citations of the Irish Law Times Reports are given
without the years of the Volumes in chapter 3 and with the
years in chapter 2. This is inconsistent and is repeated in
the Table of Cases; The commentaries at the beginning of
each chapter are in ordinary type as are the texts of
sections quoted. In chapter 7 commentary is given at all
times at the beginning of a section or under a heading in
similar ordinary type. This is unfortunate as readers who
wish to use this chapter for quick commentary on the 1978
Act may miss the authors' comments. It would have been
preferable, for this reason, to give the latter comments in
the same small print used for commentaries after sections.
The approach of the authors throughout the book
(with the exception of the chapter on Hire-Purchase and
Letting of Goods) is to refer to analogous provisions of
United Kingdom statutes so as to facilitate reference to
English interpretation and commentaries and to
comment on the differences between the British
definitions and those of the Irish legislation. The
commentary does not, therefore, purport to be exhaustive
and readers will have to be prepared to refer to larger
tomes from the United Kingdom for more detailed
treatment.
This book is, nevertheless, a welcome addition to the
few business law books already available in this juris-
diction. It will be found useful primarily by lawyers in
practice, but also by law students and all concerned with
consumer affairs. We should be especially grateful to the
authors for guiding us through this mass of legislation
and to the Law Society for publishing such an inexpensive
and handy pocket-size reference work.
•
Hugh M. Fitzpatrick
SUMMONS SERVERS LIMITED
Telephone: 370788
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