The essential guide to contract law in Ireland
In the six years since the last edition, contract law has been the subject of a large number of legislative changes. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 enacted several legislative changes to the rules of evidence and introduced new mechanisms to admit commercial documents in evidence, enhancing the rather unsatisfactory and uncertain laws on bankers' books evidence. Similarly, the Consumer
Insurance Contracts Act 2019 reforms consumer insurance contract law, rebalancing the rules on warranties and the duty of disclosure, as well as several rules of pleading
that were too favourable to the insurer. In addition, the 2019 Act introduces a range of provisions that allow claimants to step into the shoes of an insolvent or uncontactable
insured so as to be able to make a claim on the policy.
Two important bills are at a very advanced stage. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow the 2015 Act to become fully effective. The protection of vulnerable persons is in need of extensive reform in Ireland and Chapter 16 takes account of these and other developments, including case law from both Irish jurisdictions. The Consumer Rights Bill 2022 is a landmark bill that will radically change the consumer protection landscape, particularly on implied terms.
There has been an explosion in the volume of relevant lrish case law, due in the Republic, in the main, to the successful establishment of the Court of Appeal. There has been a significant increase in complex commercial litigation in Northern Ireland, attested to, for example, by the Peninsula v Dunnes litigation that went all the way to the UK Supreme Court. This Northern Ireland case law is fully covered. Case law from other common law jurisdictions can also be found in this book.
About the Authors
Robert Clark, Professor Emeritus within the School of Law, UCD, is a barrister and consultant to Arthur Cox. Robert was the chairperson of the Sales law Review Group on the Consumer Rights Bill 2022, the 2011 Report forming the basis for much in the sales law reform programme that the 2022 Bill was built upon. He was the main researcher and author of the 2011 Law Reform Commission Consultation Paper on Insurance Contract Law, a text that led to the 2015 LRC Report that informed and determined the main features of the Consumer Insurance Contracts Act 2019
Table of Contents
Part 1-Formation of a Binding Contract
1. The Rules of Offer and Acceptance
2. The Doctrine of Consideration
3. Intention to Create Legal Relations
4. Formal and Evidentiary Requirements
Part 2-Construction of a Contract
5. Express Terms
6. Implied Terms
7. The Exemption Clause
8. Consumer Protection
9. Importance and Relative Effect of Contractual Terms
Part 3-Invalidity
10. Mistake
11. Misrepresentation
12. Duress
Part 4-Equitable Intervention
13. Equitable Intervention
Part 5-Public Policy
14. Illegal Contracts
15. Void Contracts
Part 6-Capacity to Contract
16. Contractual Capacity
Part 7-Third Party Rights
17. Privity of Contract
Part 8-Discharge
18. Discharge of Contractual Obligations
Part 9-Remedies Following Breach of Contract
19. Damages
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