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time to call
the conductor, he was unable
to
inform counsel what the conductor could say. One
was brought to the conclusion that the failure to
call the bus conductor was a breach of duty,
albeit a
technical breach,
the plaintiff having
wholly failed to satisfy the court that, if the con
ductor had been called, he would probably have
been acquitted. The managing clerk knew from
the depositions that two police officers' evidence
was that the plaintiff had made a plain confession
and that that evidence had been shaken before
the plaintiff could have been acquitted. The court
was satisfied that no harm had
been
done. There
would be damages of £2 to the plaintiff. (Scudder
v. Prothero & Prothero,
Solicitors' Journal,
1st
April 1966).
Restraint of trade—petroleum products
A term of a "solus agreement" which requires
a garage proprietor
to obtain his supplies of
petroleum products only from a particular sup
plier for a period of seven and a half years is
unenforceable unless it can be shown to be reason
ably necessary to protect the supplier's legitimate
business interests for so long a period.
A supplier obtained an interlocutory injunction
against a garage proprietor for contravention of
the restriction in such a "solus agreement". On
motion to discharge the injunction, held, in the
absence of evidence showing that the restriction
was necessary for such a period to protect the
supplier's legitimate business
interests,
that the
period was too long and the restriction was unen
forceable, as it was an unreasonable restraint of
trade; accordingly the injunction would be dis
charged. (Regent Oil Company v. J. T. Leavesley
(Lichfield) (1966) 2 All E.R. 454, Stamp, J.).
Master and servant—loan of servant
The plaintiff was injured when travelling as
passenger in a lorry when a collision occurred
through the negligence of the driver. The driver
was in the general employment of a partnership
who were engaged in sawing timber for the defen
dant company. The lorry belonged to the com
pany and the plaintiff was picked up while the
lorry was being driven on company business.
The plaintiff was picked up at the direction of
one of the partners in the partnership and he was
expected to become employed by the partnership
in doing work for the company. Held, that the
driver was
pro hoc vice
in the employment of
the company and that the company was liable
but not
the partnership.
(McGregor v.
J. S.
Duthie & Sons & Co. 1966 S.L.T. 133).
OFFICE RULES FOR DICTATORS
1. Never start work first thing in the morning.
Typists much prefer a terrific rush in the
late afternoon.
2.
Please smoke while dictating. It assists pro
nunciation.
3.
Do not face the typist while dictating. This
would be too easy for her.
4. Hours for dictation :
during the lunch hour,
and at any time between 4.30 and 5.30 p.m.
5. When dictating please parade up and down
the room. Typists can understand what is
said more distinctly.
6.
Please call in typists for dictation, and then
proceed to sort papers,
look up old files,
telethone and receive calls, etc.
7.
Please lower the voice to a whisper when
dictation names of people, places, etc., and
under no circumstances spell
them
to
the
typists. Typists are sure to hit upon the right
way of spelling them, they know the name
of every person, firm and place in the world.
8. When typists do not hear a word and dic
tators are asked
to repeat
it, shout it as
loudly as possible. The typists find this most
gentlemanly. Alternatively, dictators should
refuse
to repeat them at all. The typists
have second sight and it may come to them.
9. Whenever possible, dictators should endeav
our to keep the typists late. Typists have no
homes and are only too thankful for some
where to spend the evening.
10.
Should a
letter require a slight alteration
after it
is
typed, score
the word heavily
through and through about four times and
write the correct word beside it preferably in
ink oi' heavy pencil, and always make the
alteration on the top copy.
11.
Should a typist be too busy or too lazy to
take down dictation, please write
letters
with a blunt pencil in the left hand, whilst
blindfolded.
Incorrect
spelling,
balloons,
arrows and other diagrams are very helpful
to typists.
12. With regard to statements, do not on any
account use lined paper. If figures are altered,
please write heavily over those previously
inserted, the correct figure in each case being
the one underneath.
13.
Should work be required urgently (a most
unusual occurrence) it aids the typist con
siderably if the dictator rushes in at intervals
of 30 seconds to see if it is done.
37