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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

Business Law & Ethics Notes, ATI, CPA, ACCA

Welcome to my ATI / ACCA / CPA law cram/notes booklet, before I go on, I will just explain that not every topic in the ATI / ACCA / CPA exams is covered in this book but probably 70% of the major areas are, (this is a revision and cram booklet, not a textbook).  I teach ATI & CPA law and ethics and business management and have found that putting notes together for my students has proved invaluable and also helps me to ensure that no areas are left unstudied.

The primary aim of law revision is to prepare yourself for the exams ahead, these law notes have all of the relevant topics you need to pass your ATI / ACCA / CPA exam, of course you must have the information in the first place so ensure you have bought a good law manual, (my business law book, which covers ALL of the ATI / ACCA / CPA modules and LO’s, An Introduction to Business Law is available on Amazon)

It is vital that you prepare your study time using a study planner, (laid out below). Type or rewrite your lecture or book notes, (do not highlight) you learn easier and quicker when you are writing the notes, ensure that you use your textbook alongside your notes; this ensures you go back to cases etc. (I have not put many cases in these notes, these are notes not executive summaries)

Leave room in your notes for addendums and highlight those, use as little highlighting as possible, this ensure that your brain focuses on the highlights not merely sweeping by a whole page of highlights.

Doodle, yes doodle, draw little reminders, draw aspects which you can easily remember, use word association such as in the law of contract one case which dealt with the illegal sale of birds, was Partridge v Crittenden, a partridge is a bird….

Case names are very important, however it is just as important to know the facts of the case, and the ruling in the case, so I would suggest you read as many articles (and your textbooks) on each case, do your own notes and addendums, and be sure to write down the ruling.

Learning law is like learning a new language, so understand that you need to be immersed in it, to grasp it, read as many legal articles as you can, legal journals, find areas of law which really interest you. And my number one numer ono, numer jeden, get out and have some fun, it is okay to have a life, to have fun, hang out with your friends, just remember that all work and no play makes…….

Exam notes, cram notes or study notes – whatever you call them, they are the saviour for some law students. Instead of concentrating on exams many law students spent a large proportion of their study time preparing notes and flashcards. That’s where our law cram notes comes in, we take care of all of your important and precedent notes and cases, all prepared and put into modules.  Also included are Multiple Choice questions AND Answers, over 250 carefully chosen and selected MCQs to help you pass your exams.

Although I am now retired from teaching I still keep abreast of legal issues and updating books are required.  If you would like more detailed explanations of each module you can visit my website teresaclyne.com where you will get details of some of my other books including the Law of Contract, The Law of Tort, The Irish Legal System, Company Law and Business Law manuals.

Contents.
Introduction.
Section One or LO1.
The Irish Legal System.
The Organs of State.
Separation of Powers.
The Attorney General The Director of Public Prosecutions..
The Rule of Law.
Sources of law in Ireland.
Bunreacht na hÉireann, 1937.
Common law (Case Law and Precedent).
Legislation.
Primary legislation.
Secondary/delegated legislation.
Avoiding / Departing from precedent.
Statutory Interpretation.
Precedent – authoritative / persuasive.
Burden of Proof.
Standard of Proof.
Distinction between criminal and civil cases.
Law of Equity.
The Commercial Court.
EU Law, institutions – powers.
Primary Law.
Secondary Law.
The EU institutions:
EU Treaties.
Regulations.
Directives.
Decisions.
Recommendations.
Opinions.
The Differences between a solicitor and a barrister in Irish law.
Suing a Solicitor or Barrister.
Multiple Choice Questions.
TORT.
Types of Tort.
Aims of Tort.
Negligence.
Duty of care.
Breach (standard).
Causation.
Remoteness.
Strict liability.
Statute of limitations.
Misrepresentation.
Trespass to Person.
Battery.
False Imprisonment.
Defences to tort of trespass.
Trespass to Goods.
Conversion.
Sample conversion.
Trespass to Goods.
Detinue.
Trespass to Land.
Private Nuisance.
Defences to Private Nuisance.
Public Nuisance.
Defences in nuisance.
Remedies for Nuisance.
Damages.
Remedies for public nuisance.
Strict Liability.
Manufacturers Strict Liability.
Vicarious Liability.
Defamation.
Defences to Defamation.
Case Law (Tort “general”).
Defence in Tort.
Remedies.
Damages.
Nominal.
Injunctions.
Losses.
Elements of Passing off.
Multiple Choice Questions.
Privity of contract.
Consideration.
Discharge of Debt.
Evidentiary requirements in contracts.
Tenders (cases)
White v. Bluett Harvela Investments Ltd. V Royal trust Co. of Canada.
Felthouse V Bindley.
Edwards V Skyways.
Stilk V Myrick.
Hartley V Ponsonby.
Glasbrook Bros V Glamorgan County Council.
Revenue Commissioners V Moroney.
Lowry V Reid.
Implied contracts.
Voidable contracts.
Spurling V Bradshaw.
Misrepresentation.
Mistake.
Illegality.
Duress, Undue influence.
Capacity.
Unconsciousable Bargain.
Defences to unconciousable bargain
Discharging a contract, including discharge by frustration and exceptions to discharge by frustration Contract Add-ons (addendums).
Hadley V Baxendate.
Law of Agency.
Ratification.
Agency by Estoppel.
Agency by Emergency.
Multiple Choice Questions.
Sales contracts distinguished from other contracts.
Rules as to the Intentions of the parties.
Consumer Protection Act 2007.
Misleading practices Telling lies (about the product) or enticing a buyer to buy by telling them things about the item which are not true.
Aggressive Practices.
Multiple Choice Questions.
Negotiable Instruments.
Chose in Action.
Crossing cheques.
MCQ’s.
Business Organisations.
Company law.
Partnerships.
Types of partnership.
The Public Limited Company (PLC)
Key features Share capital requirements.
Constitution / Articles of Association / memorandum of Association.
Solutions to Multiple Choice Questions.

law cram notes

CLICK HERE TO BUY BUY BUSINESS LAW CRAM NOTES FOR ATI ACCA AND CPA

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