Farm Accidents statistics show increase in fatal accidents.
A farmer recently died in tragic circumstances when he fell into a slurry tank.
The accident, involving a 66 year old man near Mullingar.
Efforts to resuscitate the man were, unsuccessful. The Heath & Safety Authority and the Gardai have both investigated this accident.
Unfortunately, farm accidents have been on the increase in recent years and this tragedy emphasises the need for renewed attention to safety in the workplace, in particular, on the farm.
House Purchaser wins case against obligation to complete purchase of property.
In an interesting case in the North of Ireland heard in the High Court before His Honour, Mr. Justice Denny, a building company was refused their application to force a purchaser to complete a contract to buy an apartment in what is known as the Titanic Quarter of Belfast.
In effect, the argument by the Defendant, a Mr. Neil Rowe, was that he had no funds to complete this transaction. A significant number of cases have apparently appeared before the Court, where developers have tried to enforce their contracts.
This case was seen as something of a test case as to whether impecuniosity constituted a Defence to a claim for an Order for specific performance.
In his Judgement, the Judge indicated that he would set aside that the impossibility of performance is a ground in law for refusing the remedy of specific performance.
He, accordingly, refused the performance sought by the Vendor.
It will be interesting to see whether this case will be followed by cases appearing in Courts “South of the Border”!
Paul Tracey Solicitors 01/09/2010
Further Restrictions on Young Drivers to come into effect !
Speaking in the wake of the fatal car accidents in Kerry, Chief Executive of the Road Safety Authority, Mr. Noel Brett commented that a number of issues were shortly to be addressed in what is called the “Graduated Licence Scheme” which is shortly to be introduced.
The measures include the reduction of the alcohol limit for drivers, to 20mg per 100milli litres of blood from 80mg/100milli litres.
He said that this had already been passed by the Oireachtas.
In addition, he said that a new Learner Permit Process would be introduced in place of the Provisional Licence Scheme.
Under the new Scheme, it will not be possible to sit a diver’s test without having a learner permit for 26 weeks.
In addition, Learner Drivers must be accompanied by someone with a full Driver’s Licence for a period of two years.
The Graduated Licence Scheme may also require Learner Drivers to get a certain number of hours and to keep a log book in relation to their driving.
Despite earlier concerns, the new Law does not include curfews.
In light of the fatal accidents and indeed, the increase in the number of serious personal injuries sustained by young people in cars, it is hopeful that these proposals will assist in minimising both the deaths and personal injuries.
