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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 Waste Bin

What is of moment is this: we no longer care about traffic, that is, the private motor car. We have changed our viewpoint. We cheerfully squeeze it daily into a narrow traffic lane in Patrick Street. That’s not the only change. Dublin Corporation is now Dublin City Council: it hasn’t gone away and it is still an institution of vision.


Creditors’ Meetings

At McGarr Solicitors we will advise on the questions to be asked by creditors at the meeting and will attend to represent the interests of creditors if asked to do so.


Investment losses

A fiduciary duty involves avoiding a conflict of interest, for instance. This is an absolute duty; it does not imply a need for care. Either there is a conflict or there is no conflict.



Fraud is a little like the “golden thread” [of innocence until proven guilty] running through [British] justice; it means more on some occasions than on others.


A Money Furnace

The government seems to have a furnace somewhere to dispose of old banknotes, such is their fondness, to the point of habit, for burning public funds.



The lesson is this; when the builders leave, carefully examine the work, time is running!



Secondly, the criminal parties to the arrangement with Michael Woods knew of their crimes; he, presumably, did not. Even if he did, an agreement to suppress the State’s obligation to prosecute crime or to relieve the perpetrators of liability in whole or in part for those crimes would be contrary to public policy. The agreement, far from being binding, would be unenforceable.



It is common in building agreements for the “employer” to hold back some monies due to the builder/contractor under the contract. This money is known as “retention money”.


Build me a City

The reason for this lies in a practice common in the construction business, of issuing “letters of intent”. The intended purpose of these is to start the process of negotiation of the terms of the contract (or even to just gain time while the contract is being drafted), but to avoid inhibitions in the commencement of work.


Another Defective Motor Car

“The issue to be decided is what damages the plaintiff should be entitled to recover. He has sold the car now, and he had the use of the car since January 2003 until March 2006 and he travelled 56,000 miles in it over that period.”