The Gazette 1974

Vol. 2—Allotments and Smallholdings; Animals; Art» 1 " tration; Auction; Aviation; Bailment (1973). Vol. 3—Banking; Bankruptcy and Insolvency; Barris- ters (1973). Vol. 4—Betting, Gaming and Lotteries; Bills of change and other Negotiable Instruments; Bills ot Sale; Boundaries; British Nationality, Alienage, I®®' gration and Race Relations; Building Contract* Architects and Engineers; Building Societies (19/4J- Vol. 5—Capital Gains; Carriers; Charities (1974). Vol. 6—Choses in Action; Clubs; Commons; Common- wealth (1974). Vol. 7—Companies (1974). Halsbury (Earl of)—The Laws of England—Cumulative Supplement 1974 for use by Replacement Subscriber* (1) Volumes 1 to 4 (Fourth Edition) and Volumes 4 to 19 (Third Edition). 1974. (2) Volumes 20 to 43 (Third Edition)—Edition by M. Walster, 1974. cisely because the work is written in the form of a co^ e that these numerous footnotes are required. Sometii® eS one can detect a note of humour—in par. 238 : "Th® representee may keep the sword of Damocles s u s p e n d^ over the contract as long as he pleases; but if he takes ® from its place, he can never put it aack again; and 1 one the other hand, he cuts the thread and lets sword fall, whether he destroys the contract or not ® loses the sword." Any lawyer who wishes to specials® in this difficult branch of law could not do better tha® to try to master this enlightening volume. Cretney (S. M.)—Principles of Family Law. 8vo; pP' xl plus 382; London, Sweet & Maxwell, 1974; pap® r ' back £3.75. The learned author, a solicitor, is a Lecturer in Englift Law in Oxford, and has rightly stressed that he ha® endeavoured not only to explain Family Law as it is, b ut also to analyse the reasons for its development; he ha s wisely decided to omit matrimonial tax matters. % view of the strong wording of Article 41 of the Cons®' tution, the primordial role of the family in Irish La** is obvious; the prohibited degrees are much more n® 1 ®' erous than in England. The Irish Marriages Act, 19'f provided for an age of maturity of 16 years, but it jS strange that the Statutory Instrument implementi®£ this has not yet been enacted. In considering dures* Griffith's case (1944 I.R.), is mentioned, but the unre- ported Kelly case (O'Keeffe P.; 16 Feb. 1971) is not. It is rightly stressed that both parties must consent t° the marriage, and that the parent's consent for mi® 01 . 5 under 18 (in Ireland 21 years) is paramount. In Irelan®' the aggrieved party is entitled to recover damages f® 0 ® 1 the guilty third party who has committed adultery; ^ f special Irish Tort is called "Criminal Conversation > and is in any event a form of monetary compensati 0 ® for the fact that no divorce can be entertained the Constitution. This textbook stresses the Eng" s Divorce Reform Act, 1969, which substituted the doc- trine of irretrievable breakdown for the former Ma trl j monial Offences of adultery, cruelty and unnatu® 3 practices, which are still necessary to obtain a f®, judicial separation in the Irish Courts. The Marri e ® 192

and International Law, No. 7). The Statesman's Year Book—1973-74. Thorn—Dublin Street Directory (1973). (2) Exchanges Butterworth's Law List—Commonwealth and Inter- national—1972. Dublin University Calendar—1973-74 (Trinity College). Edinburgh University Calendar—1973-74. Queen's University of Belfast Calendar—1973-74. University College, Cork, Calendar—1973-74. University College, Dublin, Calendar—1973-74. University of Manchester Calendar—1973-74. University of Wales Calendar—1973-74. Additional Series Halsbury (Earl o f )—The Laws of England (4th edition, Editor in Chief—Lord Hailsham of St. Marylebone, Publishing Editor—Paul Niekirk. Vol. 1—Administrative Law; Admiralty Affiliation and Legitimation; Agency; Agriculture (1973). Bower (George Spencer)—The Law of Actionable Mis- representation—Stated in the form of a Code followed by a Commentary and Appendices. Third Edition by Rt. Hon. Sir Alexander Kingcome Turner, President of the Court of Appeal of New Zealand. London, Butter- worth, 1974; £16. The learned President of the Court of Appeal of New Zealand is a specialist in the writings of Mr. Spencer Bower, as, apart from editing this work, he has also edited recent editions of The Law of Estoppel by Repre- sentation, and The Principles of Res Judicata. The learned President has been too modest in presenting this work, as Mr. Spencer Bower had originally pro- duced the first two editions in 1911 and in 1927 respec- tively, and, even in the limited field of misrepresen- tation, one would have to consider a reasonable amount of case law within the last forty-seven years. Yet the learned President has such a regard for the original work of Mr. Spencer Bower that he has changed it as little as possible. Our own Professor Heuston had al- ready been criticised for sticking too closely to Sir John Salmond's text on Torts, and the reviewer believes that, regardless of its former fame, a modern lawbook should be rewritten to conform with current ideas. This is not to say that Mr. Spencer Bower's knowledge of the classics is not of value, though occasionally one might think that the learned author is somewhat prolix. An example is par. 55 : "In the present place it is proposed to consider the other class of implied representation—that which is inferred from acts and conduct—a class which in the growing complexity of modern life, assumes ever increasing proportions and importance." The learned President may have performed a filial task in declining to revise the text, but his occasional illuminating remarks about the more recent cases have greatly enhanced this work. By far the largest number of prolific and valuable footnotes were inserted by the industrious Mr. Bower, and we even get lengthy de- scriptions of cases which are now classified under the heading of "Mistake" such as "Cundy v. Lindsay", and "Smith v. Hughes". Naturally "Derry v. Peek" and "Peek v. Gurney" are fully considered. But it is pre-