By Robert Clark
Previous Edition ISBN: 9780414056367
Published: November 2022
Publisher: Round Hall Press
Country of Publication: Ireland
In the six years since the last edition, contract law has been the subject of a large number of legislative changes. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 enacted a number of legislative changes to the rules of evidence and brought about the introduction of new mechanisms to admit commercial documents in evidence, enhancing the rather unsatisfactory and uncertain laws on bankers’ books evidence. Similarly, the Consumer Insurance Contracts Act 2019 brings about legislative reform of consumer insurance contract law, rebalancing the rules on warranties and the duty of disclosure, as well as a number of rules of pleading that were too favourable to the insurer. In addition, the 2019 Act introduces a range of provisions that allow claimants to step into the shoes of an insolvent or uncontactable insured so as to be able to make a claim on the policy.
Further, two important Bills are at a very advanced stage. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow the 2015 Act to become fully effective. The protection of vulnerable persons is in need of extensive reform in Ireland and Chapter 16 takes account of these and other developments, including case law from both Irish jurisdictions. The Consumer Rights Bill 2022 is a landmark Bill that will radically change the consumer protection landscape, particularly on implied terms. The Bill is cross-referred to throughout the new text.
There has been an explosion in the volume of relevant lrish case law, due in the Republic, in the main, to the successful establishment of the Court of Appeal. There has been a significant increase in complex commercial litigation in Northern Ireland, attested to, for example, by the Peninsular v Dunnes litigation that went all the way to the UK Supreme Court. This Northern Irish case law is fully covered. Case law from other common law jurisdictions can also be found in this book.
A narrative style to take readers through the main developments in their legal and doctrinal context.
A strong comparative law dimension featuring the main UK / England and Wales points of reference.
Use and citation of EU Directives and case law, when relevant.
Table of Contents
Table of Cases
Table of Legislation
Part 1: Formation of a Binding Contract
1. The Rules of Offer and Acceptance
2. The Doctrine of Consideration
3. Intention to Create Legal Relations
4. Formal and Evidentiary Requirements
Part 2: Construction of a Contract
5. Express Terms
6. Implied Terms
7. The Exemption Clause
8. Consumer Protection
9. Importance and Relative Effect of Contractual Terms
Part 3: Invalidity
Part 4: Equitable Intervention
13. Equitable Intervention
Part 5: Public Policy
14. Illegal Contracts
15. Void Contracts
Part 6: Capacity to Contract
16. Contractual Capacity
Part 7: Third Party Rights
17. Privity of Contract
Part 8: Discharge
18. Discharge of Contractual Obligations
Part 9: Remedies Following Breach of Contract
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