Download or read book Specific Performance in Ireland written by Niall Buckley and published by A&C Black. This book was released on 2012-01-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the Irish development of the equitable doctrine of specific performance, with particular focus on: the nature of specific performance * the contractual context of the remedy * defenses to the action and discretionary reasons for refusal of relief * statue of frauds and subject to contract * part performance * contracts for interests in land * specific performance of contracts with other subject matters * other remedies similar to specific performance * specific performance and third parties * damages and money claims * procedure.
Download or read book Irish Law of Specific Performance written by John Farrell and published by Bloomsbury Professional. This book was released on 1994-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Covering the remedy for the enforcement of a contract, this essential property law title includes the effect of the 'subject to contract' formula; the doctrine of Part Performance; and the effect of the Family Home Protection Act 1976. It also provides a detailed examination of procedural and tactical matters, such as the presentation of the plaintiff's case, remedies and reliefs."
Download or read book Irish Law of Specific Performance written by John Farrell and published by Butterworths. This book was released on 1994 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first exhaustive treatment in Ireland of the main remedy for the enforcement of a contract for the sale of land. It provides all practitioners concerned with conveyancing and property transactions with an essential reference work. The book deals with all aspects of the remedy of specific performance, including; the effect of the 'subject to contract' formula; the doctrine of Part Performance; and the effect of the Family Home Protection Act 1976. It also provides a detailed examination of procedural and tactical matters, such as the presentation of the plaintiff's case, and defences available, along with other remedies and reliefs available to the parties.
Download or read book Contract Law written by Paul A McDermott and published by Bloomsbury Publishing. This book was released on 2018-01-05 with total page 2024 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law, Second Edition is a comprehensive and informative account of Irish contract law which contains all of the developments since the first edition was published in 2001. Building on the original material of the first edition, this edition contains two new chapters which examine the topics of: - How to successfully make contracts - Remedies other than damages, namely specific performance, injunctions and restitution The law relating to contracts is set out and explained under clear headings and in straightforward language. In addition, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies. This edition also includes a large number of new cases from the High Court, Court of Appeal and Supreme Court on every area. This title was written by a practitioner who is also an academic, the book sets out the principles and case law in a clear and structured manner with easy to use headings and an easy to navigate format. The information is both of an academic interest and with serious practical relevance. Practitioners, students and anyone who has to deal with contracts in the course of their work will benefit from this most welcome new edition.
Download or read book Contract Law in Ireland written by Cliona Kelly and published by Kluwer Law International B.V.. This book was released on 2021-01-22 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Ireland covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Principles of Irish Contract Law written by Máiréad Enright and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Irish Contract Law emphasises the theory behind contract law, demystifying difficult concepts and providing a policy-driven introduction to this challenging subject.
Download or read book Contract Law in Ireland written by Robert Clark and published by . This book was released on 2016-09-30 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eight edition of this bestselling Irish Contract Law text includes a number of important, and landmark, legislative changes that have taken place since the last edition, for example the Assisted Decision-Making (Capacity) Act from late 2015 and many more. Also included in this edition are developments in case law from Irish jurisdictions as well as England and Wales and elsewhere in the Commonwealth. The important doctrinal shifts marked in the previous edition on the convergence of principles that govern Judicial Review in public law and their influence over performance of private law obligations has continued to mark the emergence of good faith standards in the interpretation of promises that, at first, look to be void for uncertainty. There have been similar developments on good faith in regard to the performance of contracts. Changes in the fortunes of Lord Hoffmann's views on principles governing contractual interpretation and implied terms are traced and it will be interesting to see how the Irish courts will respond to such events. The final appellate courts in the United Kingdom, Australia and Ireland have provided important decisions relating to statutory illegality, serving to make the law in all three jurisdictions more responsive to the imperatives that lie behind the statute in question. Recent case law from Ireland, England and Wales, Australia and New Zealand continues to develop the law on promissory estoppel in a contractual setting. Chapter 19, the law relating to damages following on from a breach of contract, has been expanded to take account of added complexities, the uncertainty surrounding the date of breach rule, and some hints about remoteness and consequential loss. Other areas include compensation for non-pecuniary loss, contributory negligence and penalty/liquidated damages clauses. Professor Clark provides a convenient and reliable guide to Irish Contract Law, as located in the context of the English (and Irish) common law tradition
Download or read book The Specific Performance of Contracts written by William Donaldson Rawlins and published by . This book was released on 1899 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Remedies Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book Layman s Guide to Irish Law written by Teresa M. Clyne and published by Createspace Independent Publishing Platform. This book was released on 2016-01-25 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal writing in plain English. Law books using plain English which is easy to understand using clear concise plain wording.Welcome to my series of law textbooks for beginners. Have you ever wanted to know about the law in Ireland but every time you picked up any textbooks or even articles you were completely put off by the terminology and feeling that you would have to learn a whole new language just to be able to read it, let alone understand it.? Well look no further; my books are compiled so that all of the terminology, rules and principles are explained in plain English, leaving you to enjoy learning about the law in Ireland without the headache of terminology and confounding principles.Welcome to my series of law textbooks for beginners. When you first start studying law the terminology (wording) or principles (rules) can be overwhelming, I have been teaching law for over 7 years and in that time I have taught mainly beginner or entry level students who have had some difficulty in the early stages of study and even faltering due to this whole new language which is the law, this textbook series was put together to help you to put the principles and terminology in plain English (ride with stabilisers) until such time as you are ready to revert to the terminology in the knowledge that you are more confident and knowledgeable and ready to ride that bike without stabilisers.The Law of ContractEvery day we enter contracts, most of those contracts are subconsciously entered into and we are rarely aware of the intrinsic nature of a contract and all of the essential elements which must be fulfilled in order to have a legally binding and enforceable contract, we simply take the law of contract for granted. Simply buying a bottle of water or your morning coffee affords the same legal principles as buying a car or entering into a million euro business deal. Contracts do not need to be in writing to be enforceable, on the contrary, if you were to have a written contract every time you went to the shop for a paper or to buy a coffee there would be some very long queue's as you would have to write the terms of the contract down and sign it, time consuming and frivolous as very little actually selling would be done due to the time which it would take per person to put all of the essential elements of a contract in writing. There are some contracts which require a written and signed deed (written document or agreement) mainly the sale and purchase of land, property, commercial property and loans.If you are buying or selling something of course you can request that this sale or purchase be written down, you can set your own rules and as long as they are not breaching any legal rules or legislation and the other persons signs then you can pretty much set out whatever rules you want, however for most sales or purchases this is a formality and not a requirement for the contract to be binding on both parties. Agreements create obligations. Therefore, any agreement that is enforceable in a court of law is a contract and no person should be bound unless they have given their informed and true consent to the contract.
Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
Download or read book The Handy Booklet of Irish Law written by Teresa M. Clyne and published by Createspace Independent Publishing Platform. This book was released on 2017-07-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day we enter contracts, most of those contracts are subconsciously entered into and we are rarely aware of the intrinsic nature of a contract and all of the essential elements which must be fulfilled in order to have a legally binding and enforceable contract, we simply take the law of contract for granted. Simply buying a bottle of water or your morning coffee affords the same legal principles as buying a car or entering into a million euro business deal. Contracts do not need to be in writing to be enforceable, on the contrary, if you were to have a written contract every time you went to the shop for a paper or to buy a coffee there would be some very long queue's as you would have to write the terms of the contract down and sign it, time consuming and frivolous as very little, actually selling would be done due to the time which it would take per person to put all of the essential elements of a contract in writing. There are some contracts which require a written and signed deed (written document or agreement) mainly the sale and purchase of land, property, commercial property and loans. If you are buying or selling something, of course you can request that this sale or purchase be written down, you can set your own rules and as long as they are not breaching any legal rules or legislation and the other persons signs, then you can pretty much set out whatever rules you want, however for most sales or purchases this is a formality and not a requirement for the contract to be binding on both parties. Agreements create obligations. Therefore, any agreement that is enforceable in a court of law is a contract and no person should be bound unless they have given their informed and true consent to the contract. What is a Contract? Formation of a Contract Offer Bilateral contract Unilateral contract Distinction between Offer and Invitation to Treat Termination of an offer Acceptance The Postal Rule (for acceptance) Intention to Create Legal Relations Consideration Consideration in Bilateral Contracts Unilateral Contracts Executed and Executory Consideration Rules of Consideration Must be sufficient, but need not be adequate Consideration must not be 'past' Must not be more than the party already has to do Performance of Public or Statutory duty Promissory estoppel Doctrine of Privity of Contract Privity of contract Third-Party Beneficiary: Capacity Minors Persons of unsound mind Intoxication Capacity of Companies Contents of a Contract Condition Warranty Innominate Term Difference between a term and a representation Express terms Implied Terms Officious Bystander Test Matter of Law Implied under Statute Terms implied by the Courts Implied by Custom The Parol Evidence Rule Mistake Common Mistake Unilateral Mistake Mistaken Identity Remedies for Mistake Damages Rectification Rescission Specific Performance Duress Threats to the person Threats to property Threats to sue Economic Duress Pressure Unlawful pressure Causation Remedies for Duress Undue Influence Presumed Undue Influence Presumed on Relationship Special relationships Rebutting the presumption of Undue Influence The effect of undue Influence Remedies for Undue Influence Unconscionable Bargain Misrepresentation Fraudulent Misrepresentation Negligent Misrepresentation Innocent Misrepresentation Statements which were not believed Remedies Compensation Recession Bars to rescission Exemption Clauses Limitation Clause Exclusion Clauses Void Contracts Contracts restraining trade Illegal Contracts Champerty Effects of Illegality Discharge of Contract Performance Agreement Notice Anticipatory Breach. Promises and the law of contract Tenders Case law in Contract Frustration The Legal Effects of Frustration Discharge Voidable Total failure of consideration Remedies Damages in Contract Specific performance Breach of contract and damages The lighter side of the law Multiple Choice Questions and Answers Glossary of Terms
Download or read book Wylie on Irish Land Law written by J C W Wylie and published by Bloomsbury Publishing. This book was released on 2021-01-09 with total page 1452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
Download or read book A Treatise on the Law of Landlord and Tenant as Administered in Ireland written by John Smith Furlong and published by . This book was released on 1845 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Irish Law written by Brian Doolan and published by . This book was released on 1996 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Irish Conveyancing Law written by J C W Wylie and published by Bloomsbury Publishing. This book was released on 2020-07-30 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: The edition has been substantially re-structured, with much re-writing, to reflect major changes in law and practice since the last edition. There has been much revision of the text to reflect changes in practice resulting from the pre-contract deduction and investigation of title system introduced by the Law Society's Conditions of Sale 2019 Edition and Requisitions on Title (2019 Edition). The book explains the changes resulting from key legislation like the Land and Conveyancing Law Reform Act 2009 and Property Services (Regulation ) Act 2011. The book further incorporates the substantial case law since the last edition in which the text is frequently cited as authoritative.
