75 / 264
Order, 1972 (S.I. No. 305) - Industrial
Training Act, 1967, s. 21 - (1974 No. 3902P
- McMahon J. - 28/5/76).
City View Press Ltd. v. An Comhairle
Oiliúnta (Training Board).
CONTEMPT OF COURT
Punishment
Criminal contempt — Scandalising court —
Custody proceedings - Custody of infants
contested between parents - Proceedings
heard in camera — Names of infants and
photographs revealed in biased article by
journalist who also attacked competence and
integrity of court — Apology — Fine imposed
with imprisonment in default - (142/75 -
Supreme Court - 7/7/76).
In re McCann & Kennedy.
CONTRACT
Breach
Damages - Building contract - New
dwelling — No express standards — Proper
workmanlike standards implied — Cost of
remedial work - Cost fixed upon prices
existing at date of first reasonable opportunity
to remedy breaches - Damages for owner's
inconvenience and lack of enjoyment — (1974
No. 1987P - McMahon J. - 19/5/76).
Johnson v. Longleat Properties.
Breach
Liability - Building contract - Sub contract
- Employer nominating sub-contractor to
erect roof of factory in accordance with sub-
contractor's design - Roof defective -
Damage resulting from faulty design and
poor materials - Contractor liable generally
for defective workmanship and materials of
sub-contractor — Contractor not liable for
damage resulting from faulty design of sub-
contractor — Measure of damages
recoverable — Cost of remedial work — Cost
fixed upon prices existing at date of first
reasonable opportunity to remedy defect —
(1976 No. 101 SS - McMahon J. - 3/6/76).
Norta Wallpapers (Ir.) Ltd.,
v.
John Sisk A
Son (Dublin) Ltd.
Compromise
Breach - Settlement of action for breach of
building contract — Failure of defendant to
implement settlement —Cause of action for
breach of compromise — (1975 No. 4344P -
McWilliam J. - 22/6/76.
Murphy v. Quality Homes.
Discharge
Implied term — Appointment of doctor to
private hospital — Hospital financed and
managed under charitable trusts of will -
Appointment permanent unless terminated by
governors if insufficient funds available to
enable hospital to continue in operation or
unless "it should have to close down for any
other reason" - Hospital ceasing as private
hospital - Termination of appointment valid
as term implied that power to terminate
operable upon hospital ceasing to operate
under management and control of governors
and trustees of the charity - (1964 No. 4 Sp.
- Gannon J. - 9/7/76)
Browne
v.
Mulligan.
Formation
Terms - Knowledge of terms - Foreigner
signing agreement without knowledge of
existence of important express term and
without appreciation of the function of a
deposit in a sale of land - Whether foreigner
bound by agreement - Plaintiff foreigner
recovering deposit - (1975 No. 748P -
Finlay P. - 1/6/76).
Slebel
v.
Kent.
Formation
Terms — Price — No price fixed by parties —
Provision in agreement that price to be fixed
as if circumstances suitable for application of
machinery of named statute — No person
designated to fix price — Official having
power for purposes of statute but refusing to
fix price for other purposes —Court having
no function to nominate person to ascertain
price — No concluded agreement — (1973
No. 236IP —Hamilton J. - 18/6/76).
Carr
v.
Phelan.
Implied Term
Agency — Plaintiff sole distributing agent for
defendant's goods - Implied term that
plaintiff would not deal in goods of
defendant's competitors — Termination of
agency — Implied term that agency
terminable by reasonable notice of
termination - (1974 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 A Sons Ltd. V. Lawter Products
B.V.
Rescission
Contract by defendant Building Society to
lend plaintiff money in return for mortgage of
plaintiff's lands — Express power of defendant
to rescind unilaterally before completion of
mortgage — Additional term insisted upon by
defendant that plaintiff should procure from
third parties substantial investments in
defendant Society — Investments procured by
plaintiff — Subsequent rescission by
defendant of contract to lend — Rescission not
valid as plaintiff had altered his position —
Contract to lend money not enforceable
specificially — Assessment of plaintiffs
damages to await further evidence — (1974
No. 230P - Finlay P. - 4/3/76).
Duggan v. Allied Irish Building Society.
Terms
Set off — Interim certificate issued to
contractor by architect in course of
performance of building 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 insconsistent with terms of
building contract — Contractor entitled to
summary judgment for amount certified —
(1976 No. 1124. - Finlay P. - 15/11/76).
John Sisk A Son Ltd. p. Lawter Products
B.V.
CRIMINAL LAW
Adjournment
Remand — Jurisdiction — Return for trial —
Return to Central Criminal Court —
Adjournment and remand of accused in
custody — Orders made before arraignment —
Court having jurisdiction to make such orders
- Habeas Corpus refused - (1976 No. 230
SS - McWilliam J. - 27/8/76).
The State (Pender)
v.
Governor of Mountjoy
Prison.
Appeal
Court of Criminal Appeal — Function —
Findings of fact and inferences therefrom
made by court of trial — Treatment of such
findings and inferences by court of appeal —
The S.S. Gairloch
(1899) 2 I.R. 1 applied -
(5-8/1976 - C.C.A. - 16/11/76).
The People (DJ*J*.) v. Madden A Ors.
Assault
Assault at common law charged —Trial —
Whether charge triable summarily - No
offence created by s.42 of Offences Against
the Person Act, 1861 - Section 11 of
Criminal Justice Act, 1951 - Summary trial
authorised - (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 detention - (1976
No. 439 SS - Finlay P. - 14/12/76).
The State (Harrington)
v.
Commissioner of
Garda Síochána.
Evidence
Admissibility — Statement of suspect in
detention —Statement made after expiration
of 48 hours of lawful detention —Statement
inadmissible - (5-8/1976 - C.C.A. -
16/11/76).
The People (DJ>J>.)
v.
Madden A Ors.
Extradition
Corresponding offence — Foreign warrant —
Warrant reciting charge of offence contrary
to s. 7 of Forgery Act, 1913 - Enactment also
in force in Ireland — Description of offence in
warrant omitting "with intent to defraud" -
Omission of phrase not fatal as obvious that
offence under s. 7 of Act of 1913 was charged
- (86/75 - Supreme Court - 5/7/76).
Ditff
v.
Sheehan.
Extradition
Corresponding offence — Question of mixed
fact and law — District Justice having power
to state Case — (111/76 — Supreme Court —
22/7/76).
Murphy v. Bayliss.
Extradition
Foreign warrant - Validity of warrant
presumed "unless the Court sees good reason
to the contrary" - Order of District Court for
delivery of accused to foreign police for
conveyance outside the State - Accused
applying for habeas corpus in High Court —
Application for leave to adduce evidence of
foreign law to extablish that foreign court
issued warrant without jurisdiction -
Application refused wrongfully - Extradition
Act, 1965, s. 55 - (124/75 - Supreme Court
- 1/6/76).
Gillespie
v.
The Attorney General.
Fisheries
Foreign vessel - Entry within fishery limits -
Master of foreign sea-fishing boat - Charge
that boat entered unlawfully within the
exclusive fishery limits of the State contrary
to s. 221 of Fisheries Act, 1959 - Charge
containing additional statement that person
on board boat attempted to fish - Statement
inserted because penalty for conviction
affected by facts in statement if proved -
Conviction in terms of charge — Conviction
valid - Section creating one offence only -
Penalty increased if offence accompanied by