Author: Dr Albert Keating

ISBN: 9781911611493

Format and Price: Paperback

Publication Date:  April 2021

The Enforcement and Setting Aside of Contracts provides a comprehensive and in-depth analysis of the concepts and principles at work in the area of enforcement and setting aside of contracts and interlocutory applications. Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.

TABLE OF CONTENTS

PART I: THE ENFORCEMENT OF CONTRACTS

Chapter 1: The Enforcement of Contracts by Specific Performance

Introduction

The Enforcement of Contracts by Specific Performance

Discretionary Enforcement of Contracts

Contracts Incapable of Enforcement by Specific Performance

Damages In Lieu of Specific Performance

Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts

Introduction

Testamentary Contracts

Pre-Testamentary Contracts

Commentaries on Testamentary and Pre-Testamentary Contracts

Chapter 3: Pallant v Morgan-Type Arrangements and Equity

Introduction

Pallant v Morgan -Type Arrangements and Equity

Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary Estoppel or Remedial Constructive Trust

Chapter 4: The Enforcement of Collateral Contracts

Introduction

The Concept of a Collateral Contract

The Enforcement of Collateral Contracts

Procedural Fairness

Chapter 5: Estoppel Principles

Introduction

Principle of Promissory Estoppel

Principle of Estoppel by Convention

PART II SETTING ASIDE CONTRACTS

 Chapter 6: Doctrines of Common Mistake and Rectification

Introduction

Doctrines of Common Mistake

Rectifying Mistakes

Chapter 7: The Right to Rescind

Introduction

The Right to Rescind

Damages in Lieu of Rescission

Damages for Fraudulent Misrepresentation

Chapter 8: Presumptions of Undue Influence

Introduction

Presumptions of Undue Influence

Rebutting Presumptions

Laches

Duress

Chapter 9: The Morris and Gilligan Criteria

Introduction

The Morris Criteria and Principle of Non Est Factum

The Gilligan Criteria and Improvident Transactions

 PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY JUDGMENT AND ARGUABLE DEFENCES

Chapter 10: Applications for Summary Judgment for Enforcement of Debts, Guarantees and Account Taken

Introduction

Particulars of a Debt in a Summary Summons

Applications for Summary Judgment

Grounding and Replying Affidavits

Applications for Account Taken

Chapter 11: Principles of Summary Judgment and Account Taken

Introduction

Principles of Summary Judgment

Principles of Account Taken

Chapter 12: Arguable Defences

Introduction

Principles of Summary Judgment Applicable to Arguable Defences

The Credibility of the Defence

Issues Raised in Arguable Defences

Cross-Claims

Substantiating Issues at Plenary Hearing

Chapter 13: Contracts with Banks

Introduction

Bank and Customer Relationships

A Bank’s Duty to Make Enquiries

Arguable Defences by Bank Customers

An Arguable Defence Based on the Superimposition of a Constructive Trust on a Bank’s Duty to Enquire

PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES, INJUNCTIONS AND COSTS

Chapter 14: Discovery of Documents

Introduction

Rules and Affidavit of Discovery of Documents

The Clarke Principles of Discovery

Chapter 15: Delivery of Interrogatories and Privileged Communications

Introduction

Delivery of Interrogatories

Privileged Communications

Chapter 16: Injunctions

Introduction

Interlocutory and Mandatory Interlocutory Injunctions

Adequacy of Damages

Undertaking as to Damages

Mareva Injunctions

Chapter 17: The Costs of Proceedings

Introduction

Costs of the Entire Proceedings

Principles of Costs of Entire Proceedings

Chapter 18: The Costs of Interlocutory Applications

Introduction

Costs of Interlocutory Applications

Principles of Costs of Interlocutory Applications

Who Should Buy This Book?

This unique book is an essential resource for all legal practitioners, academics and students.

About the Author

Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister and Senior Lecturer in Law at Waterford Institute of Technology. His published works on probate and succession law include Keating on Probate (2011) (4th ed) and Keating on Probate, First Supplement to the 4th ed (2013). His books also include Probate Law and Practice, Probate Law and Practice Case Book, Probate Causes and Related Matters, Keating on Probate (2nd ed), Equitable Succession Rights,  The Law and Practice of Personal Representatives, Keating on Probate (3rd ed), Irish Wills Precedents, Irish Probate Precedents and Keating on Probate – The Complete Words, CD-Rom, (2004).   His most recent books include:  and The Construction of Wills, Second Edition (2017), The Law of Wills (2nd ed) (2018), Will Trusts and Equitable Succession Rights (2019) all published by Clarus Press .  He has also published numerous articles on probate and succession law in such journals as the Conveyancing and Property Law Journal, Irish Law Times, Irish Probate Law Journal and Judicial Studies Institute Journal, and chapters on Probate and Succession Law in the Annual Review of Irish Law since 2004.