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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 Madoff Mess

Financial management is, reputedly, a highly regulated field. Whether that is so in Ireland is already in doubt. The Madoff Mess may show the truth of the situation. That aside, Ireland’s financial regulatory laws make provision for claims in civil law for breaches of certain duties imposed by statute. The facts of each case will determine if these are available to investors to recover their losses.


Contaminated Irish Pork Products: Addendum

A sensible arrangement for the Government indemnity would have made provision for Ireland to be entitled to receive a proper portion of compensation recovered from farmers and/or the pig feed supplier.


Liquidated Damages

The council applied for an injunction to effect entry for the replacement contractor. Mowlem, in resisting the application, claimed that the only loss accruing to the council was a loss of time and that was capable of being remedied under the terms of the contract, which fixed liquidated damages for the delay


Contaminated Irish Pork: who pays?

Each purchaser in a supply chain has a claim for breach of contract against the supplier. Thus, the shops and retailers generally in Ireland are obliged to make good the loss to the consumer by the breach of contract. That loss, currently is measured by the cost of the defective product. (The burden of proving the product is defective lies on the purchaser, but that is an issue unlikely to represent a problem).


The Intoxication of Government

And what are we to make of the expert group? We already pay for the personnel of the Law Reform Commission. Why should we have to pay for another group of persons duplicating its work?


The Picture of Dorian Grey

It has been the practice of art galleries in Ireland to keep the very identity of purchasers secret from the artists who the gallery “represents”.


A finger in the dike

It is better that that litigation is only the proceedings taken against you. The alternative is that you find yourself in those proceedings and a new second set of proceedings in which you are the plaintiff and “your” erstwhile insurer is the defendant.


The RIAI Contracts

At the time I made no reference to its terms. I do now. It is badly written. It is a challenge, for instance, to find the provision under which the Main Contractor is obliged to make payment to the sub-contractor (Clause 11).


Tortilla Flat-pack

A plaintiff in Ireland claiming general damages for a deficient holiday is more likely to be successful than a similar plaintiff in the UK.


Gormley’s man (woman?)

There, Humpty Dumpty explains himself to Alice: