339 / 364
Rose Mary Durcan, Laurence R. Egan, Thomas Des
mond Fleming (B.C.L.), Robert M. Flynn, Anthony T.
Hanahoe, Elizabeth A. Heffernan
(B,C.L.), Desmond
J. Houlihan
(B.C.L.), Paul McLaughlin, Thomas G.
E. Neville, Donnchada O Buachalla
(B.C.L.), James
F. O'Higgins
(B.C.L.), Charles G. R. M. de Lacy
Staunton, Brian Woodcock.
35 candidates attended :
19 passes.
THRID LAW EXAMINATION
The following candidates passed: —
Passed with Merit
Niall P. Connolly
(B.C.L., LL.B.).
Passed
Fergus Armstrong
(B.C.L., LL.B.),
Eric Brunker
(B.A.), Albert D. E. Burke (B.C.L.), Thomas F. Figgis
(B.A.), Pamela Hussey, Alan Vincent Kelly, Michael
J. A. Kelly, Patrick J. Kevans, Gerard Anthony Kirwan
(B.C.L.), William
James Montgomery, Peter F. R
Murphy, Cornelius Leo McCarthy
(B.C.L.), Maire
Noonan, Maeve T. O'Donoghue (B.C.L.), Hugh B
J.
O'Donnell (B.A.), John C. O'Donnell, Michael O'Dris-
coll, Michael O'Shea (B.C.L.).
25 candidates attended:
19 passed.
On the combined results of the Second and Third Law
Examinations the Council has awarded a Special Certi
ficate to Niall P. Connolly (B.C.L., LL.B.).
AMERICAN LAW
The
Leyden-Amsterdam-Columbia
Summer
Programme in American Law will be offered at
the Amsterdam Law School, from July 3 through
July 28, 1967. The course is designed to provide
a general
introduction
to
the American
legal
system with emphasis on other areas of particular
interest
to European
lawyers. There are four
compulsory courses to wit, Introduction to the
American Legal System, Civil Procedure, Constitu
tional Law and Contracts. There are four elective
courses namely, The Legislative Process, Criminal
Law, Law of Evidence, and Trust Law. Participa
tion in the compulsory courses
is required; in
addition, each participant must attend at least
two of the elective courses. Ten hours of class
room discussion are scheduled for each course.
Study materials will be distributed in advance,
and adequate preparation for classroom discussion
is expected of each participant. The courses will
be taught in English. Classes will meet both in the
mornings and in the afternoons.
The programme is open to lawyers and ad
vanced law students who are proficient in English.
Tuition for the whole programme including study
materials is 150 Dutch guilders. All participants
are required to live in Amsterdam for the duration
of the programme. Accommodation at non-profit
rates are available. A limited number of scholar
ships covering all or part of
the expenses of
attending the programme, will be provided. Ap
plications for admission and scholarships should
be directed to Professor G. J. Scholten, Executive
Director, Juridisch Instituut, Oudemanhuispoort
4, Amsterdam, The Netherlands.
CASES OF THE MONTH
Payment of Deposit to Estate Agents
—
Personal
Liability of Vendor
The English Law Society's GAZETTE of Feb
ruary 1967, Vol. 64, Number 2, at page 69 under
the general heading of Practice Section, contains
the following note : —
The Council have recently considered the case
fo Coding v Frazer (1966) 3 All. E.R. P. 234.
In that case, an estate agent arranged a sale
of land subject to contract' and accepted a de
posit from the potential pourchaser on that basis.
No contract was ever entered into between the
purchaser and the vendor, and subsequently the
estate agent became
insolvent. The purchaser
sued the vendor for the amount of the deposit.
It was held that the vendor was liable to repay
the purchaser the amount of the deposit, since
the deposit had been accepted by
the estate
agent as agent for the vendor; but the judge
went on to say that even if the estate agent had
been regarded as a stakeholder, the risk of his
insolvency while retaining the deposit in his hands
would still fall on the vendor.
The attention of the profession
is drawn
to
this decision, so that it may lie borne in mind
when advising vendor-clients. The Council ap
preciate that vendors often do not consult their
solicitors until after a deposit has been paid to an
estate agent, in which case it will be too late foi
the solicitors to advise."
The Incorporated Law Society's Standard Con
ditions of Sale provide that deposits should bo
paid to the vendor's solicitor to be held by him
on exchange of contracts as stakeholder. If the
Society's recommendations were followed,
then
the risk of loss referred to in the above case would
not arise.
Solicitor — Name and Style of Practice
On 1st August, 1955, the plaintiff David Lee,
commenced practice as sole 'partner' as a 'solicitor
under the firm name of 'Tringhams'. His evidence
on affidavit was that 90 per cent of the goodwill
which he had built up attached to his own name
of 'David Lee,' and only 10 per cent to that of
'Tringhams'. On 1st January, 1967, the defend-
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