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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.

Sub-Contractors, Construction disputes and arbitration

Contract Limit spraypainted on the ground

If a respondent is still trading (not in liquidation) it is open to the claimant to take the claim to arbitration with some prospect of making a recovery.

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Inflation

public works

There is nothing inherently evil about the Irish construction industry that the Government should seek to impose unfair costs in it. Those costs will fall inevitably on workers and their families.

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Ticky-Tacky boxes?

Construction and the construction industry is, however, a focus.

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Vendor says no

For the legal profession, there is good news in this. It means a solicitor should be paid, by a client, not for accepting instructions, but for giving advice.

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3rd Parties and Insurance Cover

Will Bill mention this to Mathew Elderfield and Professor Holohan? Will they write a letter to the Taoiseach seeking urgent legislation to remedy the situation? Will the Taoiseach act? Will he, feck!

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PROOF OF LOSS

Proving a loss of profit is a common event in “business interruption” insurance. It will also arise as part of a claim against a wrongdoer where the damage complained of has closed or stymied the business. However, it is not immediately obvious what the method of calculation should be. The claim is, inherently, speculative. The loss is the profit which would have been generated but for the wrongful act. The turnover for a prior relevant period would be a start, […]

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The Financial Services Ombudsman

Bill Prasifka, the new Financial Services Ombudsman has started well, if we can properly understand recent newspaper reports. He seems to have issued some form of Press Release but it’s not on his website yet. The reports credit him with underlining that he is limited in the amount of compensation he may award against the anonymous “regulated” financial services bodies (banks) he polices. (He does’nt really; he reacts to complaints). Consequently, Bill awarded the maximum, €250,000, to a farming couple who […]

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Financial Services – complaints

1. I have lost my savings in an investment with XXX Building Society. What can I do? It depends on the facts. Deposits in a Building Society or a Bank are protected by the Government guarantee. Even with the collapse of Anglo Irish Bank and Irish Nationwide Building Society, the depositors with those institutions were secured and the deposits are available to be withdrawn. (In reality, all the deposits were lost in those institutions; it is the taxpayer who is […]

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Ryanair’s Retreat

By this means they would off-set the advantage of size that Ryanair has over any single consumer, a circumstance perpetuated in Ireland by the sullen laziness of successive Irish Governments.

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Trouble for Builders

The Duke resembled some of Ireland’s developers;

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