Reference has been made in this blog to the impracticality of litigants, generally, representing themselves.

In short, a lawyer is generally needed.

The same dictum applies in the conclusion of complex contracts.

In O’Mahony v Patrick O’Connor Builders Ltd. the parties agreed that the defendant do some building work for the plaintiff. When difficulties arose the parties agreed to the preparation of a report by an independent surveyor who would value certain works.

The defendant contended that the outcome of the valuation was binding on the parties.

(The plaintiff was denying that, and was asking the court to revisit the valuation issues).

As the court noted, there was not a clear contract in writing agreed between the parties. (Drawings and specifications were not sufficient to meet the need).

Consequently, through no fault of the valuer he had not executed his task on terms agreed between the parties. In particular, the valuer had made his report final without notifying the parties in advance; advance notice by the valuer before doing so had been a term of the agreement between the parties.

Consequently, the valuation was not binding and the issues, apparently settled by the valuation, were still at large.

Even in the midst of happiness there is dissatisfaction. In Horan v O’ Reilly the High Court implied a term of agreement between the members of a Lotto syndicate that a member who had not paid his contribution was entitled nevertheless to a share in a winning bet.

The terms set out below, if followed, should preclude such a result.

Transcribe the precedent into Word and insert a Table at the bottom with column headings as shown.

LOTTO SYNDICATE AGREEMENT

THIS AGREEMENT sets out the terms on which the Syndicate will play the Irish National Lottery and/or the Euromillions Lottery.

1. The Syndicate Manager is ________________________________ or such successor as is unanimously agreed by the then current Members. In the absence of dishonesty no liability whatsoever shall attach to the Syndicate Manager for failure to discharge any term of this Agreement.

2. Members of the Syndicate join by signing this Agreement.

3. Membership persists thereafter (in the absence of resignation) conditional on:

a. Payment of contributions in accordance with this Agreement;

b. Compliance with the terms of this Agreement;

4. The Syndicate Manager shall;

a. Collect and record all contributions and place and record Syndicate bets;

b. record each Member’s stake in the Syndicate;

c. determine the numbers for the Syndicate bets;

d. place the Syndicate’s bets on the Tuesday and/or Friday of each week.

5. Members shall share wins in direct proportion to their respective percentage entitlement.

6. A Member shall pay to the Syndicate Manager his/her contribution not less than 2 weeks in advance of the relevant day referred to in 4 (e) above and the contributions will be held on trust by the Manager for the Members.

7. For the avoidance of doubt, no Member shall share in a win where the Member did not make timely payment of his/her contribution to that winning bet.

Signed by the Manager & Members this day of 200

Witnessed by:
(Full name and address)

SCHEDULE OF MEMBERS

NAME % OF PRIZE DATE JOINED DATE LEFT Signature of Member Signature of Manager