150 / 364
agreement on the definition of "rock" but the
general contractor was to confirm this by letter. No
letter was sent and subsequently the sub-contractor
wrote quoting prices for the contract. When the
general contractor had been awarded the highway
contract he sent to the sub-contractor the standard
form of sub-contract involving a possible difference
in the definition of "rock". As a result the sub
contractor refused to sign the form and withdrew
from the job.
The general contractor sued for
damages for breach of contract. On appeal, held,
that no contract had been made and the general
contractor's submission of the standard sub-contract
was a mere counter offer which had not been
accepted. The letter confirming the definition of
"rock" was a condition going to the root of the offer
and not a mere incident of the contract.
Pigott Structures
v.
Keillor Construction Co.
(1965) 50 D.L.R. (ad) 97, Ontario C.A.
Assessment of damages—duty to mitigate loss
The plaintiff was unable, for financial reasons, to
reconstruct living accommodation above his store
premises and it was consequently necessary for him
to acquire a new home. Held, that the defendant's
liability must be limited to the cost of living accom
modation comparable to that destroyed, and for a
period of time reasonably required to replace the
original building.
Bischoff
v.
Sams (1965) 50 D.L.R. (zd) 179,
Alberta Supreme Court.
Personal injuries—assessment—punitive damages
In an unprovoked and vicious assault,
the
defendant stabbed the plaintiff in the back, damaging
the spinal cord and causing the plaintiff to be a
paraplegic for life. Held, that punitive or exemplary
damages should not be awarded in addition to the
general and special damages because the case did not
fall within the categories described by Lord Devlin
in Rookes
v.
Barnard and because the defendant had
already been punished for his act by conviction and
imprisonment.
Schuster
v.
Martin (1965) 50 D.L.R. (zd) 176,
British Columbia Supreme Court.
Cheques—contractual—conditions—written on cheque book
A notice on a cheque book cover sent to an
existing customer of a bank that "the cheques ... in
this book will be applied to the account for which
they have been prepared" does not prevent the
customer from validly changing the name of the
branch on a cheque.
Per curiam:
The position might be different
where the cheque book was the first issued to the
customer on his opening the account and would be
different if the notice was on the cheque.
P had for some years had accounts at both the X
and Y branches of a bank. Then the bank issued
him with cheque books which stated on the cover
that "the cheques in this book will be applied to the
account for which they have been prepared".
P
changed the name of the branch from X to Y on a
cheque from such a book and later stopped it by
giving notice to branch Y. The cheque was electron
ically sorted by a computer which could not read
the alteration and went to branch X, which paid it.
In an action by P against the bank for the amount of
the cheque, held that the bank should not have
debited it to his account and the action succeeded.
Burnettf. Westminster Bank (1965) 3 All.E.R. 81,
Mocatta J.
DISEASES OF ANIMALS BILL, 1965
Attention of members is drawn
tn
part five of the
above Bill which deals with ortences and legal
proceedings. An offence under the Act may be
prosecuted by the Minister.
Section 48 provides
that offences are punishable by fine only, unless the
offence is repeated within twelve months. General
provisions as to procedure are contained in Section
5 2 which states where the owner or person in charge
of an animal or bird is charged with an offence under
the Act in relation to disease or any illness of the
animal or bird, he should be presumed to have known
the existence of the disease or illness, unless he
shows to the satisfaction of the Court that he had
not, and could not with reasonable diligence have
obtained such knowledge.
There is a departure from customary thought
relating
to evidence and
form of service of
instruments, Section 53 of the Bill provides that in
any proceedings under the Act no proof should be
required of the appointment or handwriting of an
inspector or other officer of the Minister or of the
Secretary or an inspector or other officer of the Local
Authority. Any notice under the Act or under any
order or regulation made under the Act must be in
writing.
INDUSTRIAL AND COMMERCIAL
PROPERTY
The thirty-seventh report of the Controller for
the year ended 3ist March, 1965, has been laid before
both Houses of the Oireachtas and is available from
the Government Publications Sale Office, G.P.O.
Arcade, priced at one shilling and sixpence. Members
may be interested to note that three candidates sat
for examinations conducted by the Board nominated
under the prescription by the Minister for Industry