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GAZT I IH
JANUARY/FEBRUARY IV77
CONTRACT
Implied Term
Agency—Plaintiff sole distributing
agent for defendant's goods—Implied
term that plaintiff would not deal in
g o o d s
of
d e f e n d a n t 's
competitors—Termination of
agency—Implied term that agency
terminable by reasonable notice of
t e rm i n a t i on —( 1 9 74
No.
3565p—Finlay P.-8/10/76).
Irish Welding Ltd. v. Philips
Electrical (Ir.)
Implied term
Set off—Implied exclusion of
common law right of set off by
provisions of building contract which
were inconsistent with exercise of
that right—(1976 No. 1124-Finlay
P.—15/11/76).
John Sisk & Sons Ltd. V. Lawter
Products B.V.
Terms
Set off—Interim certificate issued to
contractor by architect in course of
p e r f o rma n ce
of
bu i l d i ng
contract—Failure of employer to pay
sum certified—Contractor's motion
for summary judgment—Employer
claiming right to set off unproved and
unquantified counterclaims —
Common law right of set off
inconsistent with terms of building
contract—Contractor entitled to
summary judgment for amount
certified—(1976) No. 1124-Finlay
P.—15/11/76).
John Sisk & Son Ltd. v. Lawter
Products B.V.
CRIMINAL LAW
Assault
A s s a u l t
at c ommon
l aw
charged—Trial—Whether charge
triable summarily—No offence
created by s.42 of Offences Against
the Person Act, 1861-Section 11 of
Cr i m i n al
J u s t i ce
Ac t,
1 9 51 — Summa ry
t r i al
au t ho r i s ed —(1976 No. 365
SS-Finlay P.-29/11/76).
The Attorney General (O'Connor) v.
O'Reilly.
Detention
Treatment of detainee—Conduct of
police enquiry—Whether ill-treatment
would invalidate lawfulness of
de t en t i on —(1 976) No . 4 39
SS-Finlay P.-14/12/76.
The State (Ha r r i ng t on) v.
Commissioner of Garda Siochana
Legal Advice
Detainee—Suspect being questioned
in police station—Right to legal
advice—Procurement of such
advice—(1976 No. 439 SS-Finlay P.
14/12/76).
The St a te (Ha r r i ng t on) v.
Commissioner of Garda Siochana
Murder
Capital murder—Whether a new
offence—Mens re a—Whether
prosecution must prove that accused
knew that deceased was a policeman
acting in the course of his
duty—Criminal Justice Act, 1964,
s. 1—{137-8/1976—Supreme
Court—9/12/76).
The People (D.P.P.) v. Murray
EMERGENCY POWERS
Police
Arrest—Suspect thought to have
committed offence—Release after
expiration of statutory period of
detention—Suspect arrested a second
time in respect of the same
q f f e n c e
—
S u s p e ct
not
charged—Whether second period of
d e t e n t i on
l aw f ul —H a b e as
corpus—Emergency Powers Act,
1976, s.2—(1976 No. 443 SS-Finlay
P.—12/11/76).
The State (Hoey) v. Commissioner of
Garda Siochana
HUSBAND AND WIFE
Infants
Custody—Two sons and one
daughter—14, 9 and 3 years—Mother
remarrying after divorce in
England—Mother pregnant—Children
to
c o n t i n ue
in
f a t h e r 's
c u s t o d y - ( 1975
No .
2 44
Sp.-McWilliam J.-26/1/76).
M. v. M.
LANDLORD & TENANT
New Tenancy
Statutory right—Service of notice of
i n t e n t i on
to c l a im
s u ch
relief—Lessor's interest in premises
terminating during term granted by
him to l e s s ee —Cons equent
t e rmi na t i on of i n t e r e st of
l e s s e e —Le s s ee un awa re of
termination of lessor's interest when
serving notice—Failure of lessor to
inform lessee of facts and to serve
statutory notice on superior
landlord—Notice of claim served by
lessee on superior landlord—New
tenancy directed by court—Term of
new lease to be 21 years with rent
review at end of seven years—(1976
No. 33—Gannon J.-31/5/76).
Eamonn Andrews Productions Ltd.
v. Gaiety Theatre (Dublin) Ltd.
LICENSING ACTS
Restaurant
P r em i s es
wi th
on-
licence—Application for certificate
stating that portion of premises a
restaurant for purpose of s. 13 of
Intoxicating Liquor Act, 1927-No
existing user as restaurant—Public
bar in said portion—No jurisdiction
to issue certificate—(1976 No. 238
SS-Finlay P.—29/11/76)
Whelan v. Tobin
LOCAL GOVERNMENT
Planning
Notice — Misleading advertisement
-
N o t i c e of
a p p l i c a t i on
for permission to erect three
temporary prefabricated classrooms
in secondary school—New access to
school from cul -de - sac also
intended—Permission to develop
in va l id —(19 7 6 N o .
3 5 57
P.-McMahon J.—12/11/76).
Keleghan v. Corby
NEGLIGENCE
Builder
Scaffold-Plaintiff injured in fall from
scaffold-Scaffold obtained by
plaintiff's employers on hire from 3rd
defendants—Plaintiffs employers
acting as sub-contractors for 2nd
defendants—Plaintiff recovering
damages from his employers —
Building (Safety, Health & Welfare)
Regulations, 1559, reg. 29 - (1973
No. 2940P - Murnaghan J. -
1/12/76).
Delaney v. Mather & Piatt Ltd.
REVENUE
Income Tax
Forestry-Allowable expenses-Cost
of purchasing and planting young
trees to replace old woodland being a
revenue expense and allowable- Cost
of preparing waste land for planting
being a capital expense-Cost of