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Contract Law

Contract Law is the area of law most commonly encountered by citizens in everyday life. We all buy goods and services, we make deals with strangers and we work for employers based on certain terms and conditions. All these commercial transactions are governed by the law of contract. It is therefore hardly surprising that this is one of the most actively litigated- and most exhaustively examined- areas of law. Whether it is a dispute between a contractor and a property owner or a demand for money due and owing in a commercial transaction, people instinctively understand that contracts surround and effect them in countless ways every day. The posts below explore different aspects of contract law. Some of them describing the cutting edge of new caselaw. Others look back to precedents which can be hundreds of years old to illuminate current issues.

The Irish horse meat Dictionary

Horse meat: An additive to burgers. It is perceptible only by means of DNA testing and/or the use of an electron microscope (except in France where its very colour, taste and hooves trigger the little grey cells of French sleuths). Money back Guarantee: If you return your complete horse meat beef burger, with its wrapping and a receipt, or other indubitable evidence of purchase from our supermarket, you will receive back your money that you paid to buy the burger […]

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Not Reassured

The Food Safety Authority of Ireland has analysed selected consumer products sold in Ireland. These products are probably also sold in the UK. By and large they were “manufactured” in Ireland. The products are, allegedly, burgers made of beef meat. (1) It is true, they contained some beef meat. However, they also contained some pig and horsemeat. The proportions varied from sample to sample. There is one conclusion to be drawn from this; it is not wise to trust the […]

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Holiday Injuries; is it a Package Holiday?

That means that injuries from food poisoning, or road accidents caused by the negligence of drivers or mechanics are all suitable to be litigated under the 1995 Act, conditional on those services causing the injury being part of the “obligations under the contract”.

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What is wrong with DePuy hips?

The main problem with defective DePuy hips is the design failure. The hip will fail mechanically. This is a serious matter. Instead of ease of movement, the hip will hinder movement. Movement will be painful, probably noisy, and anything but smooth.

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DePuy litigation

It is essential to know that the Injuries Board has no role in the DePuy hip scandal. If a victim lodges an application to the Injuries Board, it is a mistake. The Injuries Board will, in due course, reject it. Worse than that, time will continue to run against the plaintiff while the application is being made and considered. In short, it is a waste of valuable and scarce time.

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Pandemrix

This is exactly what has been determined by the Irish and Finnish reports; it is probable that Pandemrix caused the cases of narcolepsy appearing in young people who got the vaccine.

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DePuy Land

That’s the theory; but, if there are no lawyers in DEPUYLAND, who is to alert the patients to the existence of their right to make a claim?

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Open letter to Dr. Tony Holohan, the Chief Medical Officer re PIP Breast Implants

Letter to Dr. Tony Holohan, the Chief Medical Officer Our Ref: EMcG Your Ref;   8th May 2012   Dr. Tony Holohan Chief Medical Officer Department of Health Hawkins St. Dublin 2 Fax:   Re: PIP Breast Implants Dear Dr. Holohan, We write this as an open letter to you and will put it on our website. 1. Representation We are instructed by a number of women that have been fitted with defective breast implants manufactured by Poly Implant Prothèses […]

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PIP: A Mind Map

Why did such a doctor not read, presumably, a leading professional journal in his/her specialised field?

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The DePuy hip scandal; Your questions answered

A plaintiff must prove the defect and damage. The fact of the DePuy “recall” is useful to prove the defect, but it would be necessary to engage an expert in the issue. The damage would vary from case to case, but it is difficult to see how any plaintiff with a DePuy hip would avoid ex-plantation before the expiration of the expected use life of the hips, 10 to 15 years.

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