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.
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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