Law in Ireland

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Company Law in Ireland

An Introduction to Company Law for Beginners provides beginners to Company Law with an introduction to corporate law and to the legal and non-legal governance mechanisms which encourage directors to act in their company’s interests rather than their own.

An Introduction to Company Law for Beginners sets corporate law and governance within its economic and business context, with particular regard to how corporate law and governance mechanisms facilitate or inhibit economic activity.

An Introduction to Company Law for Beginners sets out:

  • The Fundamentals of Corporate Law
  •  Separate legal personality
  •  Limited liability
  •  The regulation of share issues and share capital.
  •  Regulation of the appointment and removal of directors
  •  Directors’ duties
  •  The composition of the board
  •  Company meeting
  •  Enforcement of shareholders’ rights
  •  Auditors rights and duties
  •  Liquidators rights and duties
  •  Company conclusion
  •  Examinership
  •  Receivership
  •  Liquidation

It also covers Employment law, Consumer law and the law of Agency, ensuring that your entire legal obligation to the CRO, your employees and your customers is covered in broad details.

An Introduction to Company Law for Beginners objective is to assist readers to understand the different ways in which law can respond to the problems, duties and responsibilities faced by, company owners, directors and shareholders

There is a self-test at the end of most chapters with over 120 Questions MCQs, and answers at the end of the book.

company law

The law of Contract in Ireland

A contract is an agreement between two or more persons (individuals, businesses, organizations, or government agencies) to do or to refrain (stop) from doing, a particular thing in exchange for something of value (money, time or services etc.). The parties commit to certain obligations in return for certain rights.
An agreement between two or more persons that will be enforced by law may be:

 In writing
 Oral
 Partly in writing and partly oral
 Implied

A contract is a legally enforceable agreement between parties which is binding in law. The parties commit to certain obligations (things they must do) in return for certain rights (things they are entitled to). For a contract to be formed, it must be a bargain with at least two persons. A contract cannot be made by one person alone.
The Main Principles (rules) for a legally binding contract are:
• Formation of contract – Agreement (offer, acceptance)
• Intention to Create Legal Relations
• Consideration (exchange of value, quid pro quo, something for something)
• Capacity(mental and physical ability to enter the contract)
• Contents (terms, exclusions)
• Vitiating factors (misrepresentation, mistake, duress, illegality, etc.)
• Discharge “End” (performance agreement, breach, frustration);

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.

contract

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 that 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.

This basic introductory booklet is just that, a layman’s guide, it is not meant to be an academic textbook, it is merely a guide, however, saying that many first-year law students on the CPA, ATI and ACCA courses as well as year one legal proactive and LLB students find it invaluable as it introduces all the rules and principles in plain English and they can then get on with the important task of learning the terminology once they come to grasps with the principles.  There is a self-test MCQ at the end of the book AND answers.

This guide is designed to explain ideas and concepts rather than to give legal definitions, including some of the following;
Formation of a Contract
Offer
Bilateral contract
Unilateral contract
Distinction between Offer and Invitation to Treat
Termination of an offer
Acceptance
Intention to Create Legal Relations (intention to be legally bound)
Family, Domestic or Social
Executed and executory consideration
Rules of Consideration
Doctrine of privity of contract
Capacity.
Minors
Contents of a Contract
Condition.
Warranty.
Term or representation
Matter of Fact
Officious Bystander Test
Matter of Law.
Implied underStatute.
Terms implied bythe Courts.
Implied by Custom..
The Parol EvidenceRule.
Innominate term..

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Introduction to Business law in Ireland

Business law (or the law of business organisations) is the area of law concerning companies and other business organisations. This includes corporations, partnerships and other associations which usually carry on some form of economic or charitable activity.
If you are a law student or you have, or are thinking about, setting up your own business,this textbook will provide you with an essential grounding in company structure and law within Ireland. The structure of business and the legal requirements for partners, directors, shareholders and company secretaries are crucial in order to ensure that companies stay within the law and avoid costly and potentially devastating leadership mistakes.Business law is a broad spectrum in Irish law, is utilises various legal principles and doctrines such as the law of Contract, the law of Tort, Company law, Consumer law, the law of Agency, EU law, Employment law and of course, legal theory, jurisprudence and the fundamentals of the Irish legal system.

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.

Business law is a broad spectrum in Irish law, is utilises various legal principles and doctrines such as the law of Contract, the law of Tort, Company law, Consumer law, the law of Agency, Employment law, and of course, the fundamentals of the Irish legal system.

The Law of Contract
Formation of a Contract
Offer
Distinction between Offer and Invitation to Treat
Termination of an offer
Acceptance
The Postal Rule (for acceptance)
Intention to Create Legal Relations (intention to be legally bound)
Family, Domestic or Social
Commercial Arrangements (courts held that an intention to create legal relations is implied)
Consideration
Consideration in Bilateral Contracts
Unilateral Contracts
Executed and executory consideration
Executed Consideration (pay for at the time)
Executory Consideration (pay for it at a later date/time)
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
Doctrine of privity of contract
Contents of a Contract
Condition
Warranty
Term or representation
Express terms
Implied Terms
Matter of Fact
Officious Bystander Test
Matter of Law
Implied under Statute
Terms implied by the Courts
Implied by Custom
The Parol Evidence Rule
Innominate term
Onus of proof
Mistake
Unilateral or bilateral mistake
Common Mistake
Section 7 of the Sale of Goods Act 1893
Mutual Mistake – Mutual misunderstanding
Unilateral Mistake
Mistaken Identity
Damages
Rectification
Recission
Specific Performance
Exemption Clauses
The legal effects of exemption/limitation clauses
Limitation Clause
Exclusion Clauses
Incorporated by Signature
Electronic Signature
Reasonable Steps
Reasonable Notice
Incorporation by Course of Dealings
Main purpose rule
Bars to exclusion/limitation clauses
Misrepresentation
Collateral Undertakings
Unconscionable Bargain
Contra Proferentem
Vitiating factors, discharge and remedy
Duress
Threats of the person
Threats to property
Threats to sue
Economic Duress
Pressure
Unlawful pressure
Causation
Remedies for Duress
Bars to remedies
Undue Influence
Presumed Undue Influence
Presumed on Relationship
Special relationships
Rebutting the presumption of Undue Influence
The effect of undue Influence
Unconscionable Bargain
Fraudulent Misrepresentation
Negligent Misrepresentation
Innocent Misrepresentation
Reliance in fact
Statements which were not believed
Silence
Exceptions to silence
Compensation
Recession
Enforcement and Abatement
Damages in Leiu
Partial rescission
Legislation
Void Contracts
Law of Tort
Law of Agency
Employment law
Consumer law
Company law
Companies Act 2014

business-law

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