Teresa Clyne – Law & Mediation

Home » Uncategorized

Category Archives: Uncategorized

Every single constitutional right, and government obligation can be SET ASIDE AND EVERY SINGLE ARTICLE HOLDS “SAVE IN ACCORDANCE WITH THE LAW” proviso enshrined within it.


“None of the personal rights of the citizen are unlimited: their exercise may be regulated by the Oireachtas when the common good requires this.” ~ Kenny J


Unenumerated Rights


Unenumerated Rights are rights that are not expressly stated in the written text of a Irish Constitution, however, they are inferred from the language, history, and structure of the constitution, or cases interpreting it. It can also be defined as inferred rights.
A common misconception among the people is that their rights come from the Constitution, legal personnel are even of the misconception of this, often citing rights as being a constitutional right, and this can often mislead people into believing the constitution is the source of their rights.

One question which can be asked to determine if a person’s rights come from a constitution is: For example, if the constitution was not enacted in 1937 would an Irish citizen not have the rights which are enumerated in it?


The answer is no, of course not. The existence and protection of those rights do not depend on the Constitution and the person would be protected by legislation etc.


Fundamental Rights in the Irish Constitution


A fundamental right can be defined as a basic human right. The Irish Constitution recognises that Irish citizens have certain fundamental rights. Not every fundamental right is listed in the constitution; unenumerated rights are unwritten and therefore inferred.


Article 40.3 of the Irish Constitution refers to and accounts for the recognition of unenumerated rights. The Supreme Court is often the main source of such rights, such as the right to marry, the right to bodily integrity and the right to earn a living, among others.
These Fundamental Rights, enumerated or unenumerated, they are not absolute as can be seen in the case of Ryan v AG, they can be limited or restricted by the Oireachtas on the grounds, i.e. of the common good, public order or national security.


How they developed:
On 1 July 1937 the people enacted a new Constitution, Bunreacht na hÉireann, to replace the 1922 Constitution of the Irish Free State. Even though the 1922 Constitution had been approved by Dáil Éireann, there continued to exist throughout the country a substantial body of opposition to it owing to its being circumscribed by the terms of the Treaty, its recognition of the British monarch as part of the national legislature and its requirement that members of the Oireachtas swear an oath of faithfulness to that monarch.


Much of the case for a new Constitution was the need to make perfectly clear that the source of authority in Ireland and of the fundamental law of the state is the people of Ireland. There was a desire to give the state all the characteristics of a republic and so all references to the British monarch were removed.


Where are Fundamental rights found in the Constitution:


Articles 40 – 44 of the Constitution allow for fundamental rights.


How did unenumerated rights develop and are they afforded the same protection as enumerated rights:
Unenumerated rights are implied rights, not necessarily written but implied. They are rights that have been read into the court. Courts have interpreted Constitutional rights in such a way that unenumerated rights implied in the text are protected to the same extent as enumerated rights.


Discuss two examples of a specified right:


(I) The right to Trial by Jury:
The present Constitution of the Republic of Ireland, enacted by the People in 1937, provides that subject to three exceptions, “no person shall be tried on any criminal charge without a jury with except to trial for minor offences, trial by special criminal courts and trial by military tribunals.
In Ireland jury trials are available for criminal before the Circuit Court, Central Criminal Court and defamation cases. Consisting of twelve persons, non-lawyers who have been chosen at random from a diverse range of jurors from the community. Juries only decide questions of fact; they have no roll in sentencing or awarding damages. If you have been charged with a “non-minor” offence, you will be tried by a judge sitting with a jury. There are some offences for which you will be given a choice – whether you want to have your case decided by a District Court Judge sitting alone or by a judge sitting with a jury. For certain terrorist and organised crime offences the Director of Public Prosecutions may issue a certificate that the accused be tried by the Special Criminal Court. Instead of a jury the Special Criminal Court consists of three judges, one from the District Court, Circuit Court and High Court.


(ii) The right to Education.
Art: 42
The State acknowledges that the primary and natural educator of the child is the Family. And the state guarantees to respect the right of the parents to provide that education. Parents shall be free to provide this education in their homes or in private schools or in schools recognised or established by the State. The State shall not oblige parents to send their child to any particular type of school, but they do require children to receive a certain minimum education, moral, intellectual and social. The State will provide for free primary education and will provide reasonable aid to private, home taught, education
Sinnott Vs Minister For EducationDiscuss two examples of an unspecified right:


(i) The Right to Privacy.
The Constitution does not specifically state a right to privacy but the courts recognise that the personal rights in the constitution imply the right to privacy.
The unenumerated right to privacy has been interpreted as protecting individuals against certain kinds of intrusion by persons or body’s , your private written communications and telephone conversations cannot be deliberately and unjustifiably interfered with.


However, your right to privacy may be limited or restricted by legislation in the interests of the common good. See introduction last paragraph.


Kennedy Vs Ireland(ii) The Right to Martial Privacy, Rights of the family


The Right to consort together, to enjoy each others company and the right to procreate or to make their own private decisions, made within married life, regarding procreation.
Origins of the Irish Constitutional act The Right to Martial Privacy stem from the case of McGee Vs Attorney General.


McGee Vs Attorney General

Name and discuss/explain cases from aforementioned specified/unspecified rights :


The Right To Trial By Jury: Gangland Ireland Vs StateEven though the Irish constitution recognizes and declares that people living in Ireland have certain fundamental personal rights like a fair trial and a trial by jury, this like all our fundamental rights can and are broken, if, the state feels there is a conflict between the constitutional rights of individuals and the greater good.


The following case has recently been brought forward and in this case their right to Trial by Jury has been wavered. These men/boys have a very low value on life and because of this the state feels that jury intimidation is very probable and will face the juryless special criminal court; this is not a new approach to dealing with cases where the ordinary courts are deemed inadequate to secure the effective administration of justice. The court was first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army from subverting Ireland’s neutrality during World War II. The current Incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began. The court is composed of three judges appointed by the government from among the judges of the ordinary courts, usually one from the High Court, one from the Circuit Court and one from the District Court.


The (DPP) recently ordered eight Limerick men, arrested as part of an investigation into alleged extortion, go on trial at a non-jury Special Criminal Court. The eight defendants were sent forward for trial to face the three-judge non-jury court. All eight men were arrested by gardaí in Limerick last April as part of the same investigation. They face a number of separate charges, including threatening to kill a man, violent disorder and alleged extortion. All of the defendants were wearing handcuffs when they were served with books of evidence in court yesterday.
State Solicitor, Michael Murray told the court that some of the accused had not co-operated with prison officers in the holding cells. Among those who appeared in court was 24-year-old Ger Dundon from Hyde Road in Limerick. He is charged with committing violent disorder, when his case was called, Mr Dundon covered his ears and repeatedly shouted, “I am not listening to the court” and stuck his middle finger up at the judge.


The Right To Education: Sinnott Vs Minister For Education

Art 42 recognised the rights of the child, and duty of the state as guardian of the common good. The constitution declares that the primary and natural educator of the child is the family.
The state guarantees to respect the rights of the parent to provide an education for the child. The state requires children to receive a certain minimum education; the wording ‘certain minimum’ does leave a grey area as to what that said minimum standard is. The Education (Welfare) Act 2000 does not give a definition of a “minimum education”. However, it does provide that the Minister may set out a “prescribed minimum education”. That minimum standard may be different for children of different ages and of different capacities – including physical, mental and emotional capacities. The state will not oblige parents to send their child to certain schools and the child can be home educated, once registered.
Where a child has special needs which cannot be provided for by the parents, the state is obliged to cater for such needs in order to fulfil the child’s basic fundamental right to education.


Jamie Sinnott was at the time a man with the physical age of 22, but with a mental age of 12. In October 2000 Kathy Sinnott, mother of Jamie won her battle in the High Court. The High Court was critical of the government’s inaction in providing for Jamie’s constitutional right to an education and declared that Jamie and others like him, had a right to free primary education for as long as he could benefit from it, or as long as such education was reasonably required by him. The case established that the state had breached its constitutional obligation to provide Jamie with an appropriate education and that this education should be provided regardless of a person’s age.


Her victory, however, was short lived. The government appealed the High Court’s decision. The objection was against the argument that the constitutional entitlement to a free primary education is based on needs, not on age, and does not cease at age 18. The government warned that the judgment created dangerous constitutional precedents , because it awarded damages for the first time to a person for the suffering of another , the High Court had acknowledged and financially compensated Kathy Sinnott for her long struggle , furthermore the government were also appealing the damages awarded.


In July 2001 the Supreme Court overturned the High Court ruling. The seven judges of the Supreme Court agreed that Jamie had not received the education he had been entitled to, but that this entitlement ends at the age of 18.


The government had to put an end to the dangerous constitutional precedents, it was estimated that there were 200 legal actions being taken by parents with children with special needs throughout Ireland in the year that followed the Sinnott case.
The Irish government however, resisted disability campaigners despite international criticism.


The Right To Privacy: Kennedy Vs Ireland


The unenumerated fundamental right to privacy has been interpreted as protecting individuals against certain kinds of intrusion by persons or bodies.


In the case of Kennedy Vs Ireland the plaintiffs were journalists whose telephones had been tapped, on foot of a warrant, issued by the Minister for Justice. Tapes were made of the recorded conversations and the plaintiffs (journalists) were claiming for breach of their constitutional rights.


The nature of the Right to Privacy must be such as to ensure the dignity and freedom of an individual, in this so called independent and democratic society. The dignity and freedom of an individual in this ‘democratic’ society cannot be ensured if his communications of a private nature, written telephonic or electrical, are deliberately intruded upon.


Although the right to privacy is an unanimated right and is read into our fundamental constitutional rights , in recent years the law has changed whereas recordings from criminal matters can now be admitted into court proceedings. The only real change is not that they now make these recordings; it is merely that they can now do so legally and admit them in court coupled with the right to trial by NO jury.


The Right To Martial Privacy, Rights Of The Family: McGee Vs Attorney General

Mrs McGee is a married woman who was 27 years old at the time; she lived with her husband, a fisherman, and their children in Skerries, County Dublin. She was married in 1968, and has four children. The first two children of the marriage were boys; the third and fourth were twin girls who were born on the 15th November, 1970. The parents and children are all Irish citizens and of the Roman Catholic religion. Her second and third pregnancies were complicated by serious attacks of cerebral thrombosis; that the second caused a temporary paralysis, and that the third caused toxemia with high blood pressure and a threat of cerebral thrombosis.


She alleged in court that she had been warned by her medical adviser that her life would be in danger if she were to become pregnant again. She further alleged that, having considered this advice, she and her husband decided that they should have no more children and would resort to the use of contraceptives. She further alleged that her doctor prescribed the use of a diaphragm together with a contraceptive jelly known as “Staycept Jelly”, and that he supplied her with a quantity of it.


At the trial her evidence, the evidence of her husband, and the evidence of her doctor, duly established the case which she had pleaded. She further pleaded, and adduced evidence to support her plea, that when she attempted to import a quantity of “Staycept Jelly” it was seized by the customs authorities, and that they refused her application to release it on the ground that its importation was prohibited by s.17 of the Criminal Law Amendment Act, 1935. The plaintiff claimed a declaration that s.17, sub s. 3 of the Act of 1935 is inconsistent with the Constitution and that, therefore, it was not carried forward by Article 50 of the Constitution, and that it no longer forms part of the law of the State. She further claimed a declaration that the seizure by the second defendants of the packet of jelly was unauthorised by law and illegal, and she claimed damages for its detention or conversion.


In the final judgment delivered on the 19th day of December 1973 at THE SUPREME COURT it was found that sub-section 3. S. 17 of the Criminal Law Amendment Act, 1935 violates the personal rights of the plaintiff, in this case, her right of privacy in her marital relations with her husband. The right to marry and the intimate relations between husband, wife and the four infant children of the marriage were entitled to be considered by the law as being entitled to protection as having an interest in seeing that the family was not further enlarged, or furthermore that nothing would happen to the wife/mother due to a medical issue that could have been avoided, these are fundamental rights which have existed in most, if not all, civilised countries for many centuries.


Conclusion:My conclusion is basic and simple, our basic rights as humans are rights that we, man, and woman or child have at a fundamental level.

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 Company 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..

page

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

An Introduction to Criminology

Criminology for Beginners has been written for aspiring criminologists or those wish to study criminology purely for personal interest. It has been written in easy to follow terms and will enable the student to understand the basics behind criminological theories, from the definition of crime to deviant and anti-social behaviour, from the Salem witch trials to medieval ordeals, the history of criminology, classical, neoclassical to modern day theories of crimes.
It goes on the discuss Crime and Punishment and the Legal Systems in Both the UK and Ireland, finally discussing the Police, Courts and Judicial systems who deal with the perpetrators of crime

Introduction
Criminological Theories
Criminology Defined
Crime
Criminology
Antisocial, deviant and immoral conduct
The History of Criminology
The Salem Witch Trials
Medieval Trials
The Enlightenment age
The Classical School
Jeremy Bentham
Neoclassical
The Positivist theory
Franz Joseph Gall (1758–1828)
Charles Darwin (1809–1882)
Modern Theories of Crime
Anomie or Strain Theory
Social Learning Theory
Social Control Theory
Labelling Theory
Radical Theory
Deterrence Theory
An Economic Model of Crime
Deterrence and Econometrics
Environmentalism
Rational Choice
Ethnicity and Crime
Feminist Theory
Age and Crime
Age/Crime Curve
Distribution of Crime.” American Journal of Sociology
Mental Disorder and Crime
The Original position
The veil of ignorance
The Veil of Ignorance.
Rawls Reasonable Citizens
Rawls principle of Justice
The Chicago School and the US theories
Robert Park and Ernest Burgess
Right Realism
Left idealists
White Collar Crime
Insider Dealing
Money laundering
Theories of Violent Crime
Murder
Gang Crime
Modern gangs
Theories of Criminal Behaviour.
Psychoanalytic theorists and the origins of crime
Psychoanalysis
Sexual Offenders
Rape
Biological Theories of crime
Genetic – Twin Studies
Genetic – Adoption Studies
Intelligence and Learning in Criminology
Goddard’s work was discredited
Crime addictions
Tolerance
Withdrawal
Craving
Salience
Euphoria / relief / mood regulation
Conflict
Relapse
Recognising criminal addictions
A Theoretical Model of Behaviour Addictions for Addictive Offenders 88
Media and Crime
The Media Representation of Crime
Labelling Theory:
Deviancy Theory
Strain Theory
The Irish Legal System
Brehon Law
Source one – The Irish Constitution
Source two – European Community Law
The European Community Treaties
Regulations
Directives.
Decisions.
Recommendations.
Opinions.
Source three – Common Law
Source four – Acts of the Oireachtas or Legislation
Delegated/secondary legislation
The English Legal System
The Rule of Law
The Different Departments in the Police Service
Criminal Investigations Department (CID)
Dog handlers
Mounted Police
River police
The Prison service HMS Prisons
History of the Prison Service
Probation
Role and Function of the Probation Service
Magistrates’ and County Courts
The Crown Court
High Court
Supreme Court.
Penology in the UK
Penology in Ireland
Location of Prisons and Places of Detention
The Garda Siochána
The Civic Guards
Criminal division of the Gardaí
Modern Gardaí
Criminal Assets Bureau (CAB)
Special Detective Unit
Civil Liability & Courts Act 2004Criminology July 2017

The Law of Tort in Ireland

The Law of Tort
Torts are concerned with civil wrongs, whereby one party causes damage to another party.
         • Tort is the French word for a “wrong” or Latin for “twisted”.
• Tort is a branch of Civil Law; therefore a tort in law is called a “Civil Wrong”
• Tort law protects a variety of injuries and provides remedies (ways to fix) them.
Torts can be distinguished from legal wrongs:
A Tort is not a breach of contract, where the obligation which is alleged to have been breached arose under an agreement between two parties.  A Tort is not a crime, where the object of proceedings is to punish the offender rather than compensate the victim.
cover
Using tort law, an injured party can bring a civil case to seek compensation for a wrong done to the party (plaintiff, or injured party) or the party’s property.
Tort damages or compensation are monetary damages that are sought from the offending party.
They are intended to compensate the injured party for the injury suffered.
The Law of Tort
Types of Tort
Intentional Torts
Trespass to the person
Threats
Silent phone calls
Trespass torts in medicine
Defences to the tort of trespass
Consent
Self-defence
Defence of Third Persons
Lawful Authority
Defence of Property
Duress (pressure or threat)
Trespass to Land
Trespass to Goods
Conversion
Sample conversion
Chose in Action (Intangible Property – Transferable by assignment)
Trespass to Goods – Detinue
Nuisance
Private Nuisance
Locus Standi
Omissions
Damage or Interference
Material Damage
Interference with enjoyment
Magnitude of harm
Nature of locality
Defendant’s motives
Social utility
Defences to Private Nuisance
Remedies
Injunctions
Public Nuisance:
Pure Economic Loss
Remedies
Damages
Injunctions
Private Rented Tenants:
Local Authority Tenants:
Private Homeowner:
Alarms
Passing Off
Elements of Passing off
Defamation
Defences to Defamation.
Defamation Cases in Ireland
Blasphemy
Defamation Act 2010
Defences
Damages
Unintentional Torts
Negligence
Duty of Care
Irish development in duty of care
Foreseeability and Policy Factors
Contributory Negligence
The Standard of Care
Breach (of the duty of care)
Causation
Causes-in-fact
The “but for” Test
Novus Actus Interveniens
Material Contribution test
Bolitho Test
Fairchild
Remoteness
“Cause in law”
The “thin skull” rule.
Professional Negligence
Defences in Negligence
Voluntary assumption of risk (defence of consent)
Illegality
Contributory Negligence
Damages
Strict Liability Torts
The Occupiers Liability Act 1995
Vicarious Liability
Employers Liability
Liability for Defective Products
Liability for Defective Products Act 1991 (No. 28 of 1991)
Rylands V Fletcher:
Statute of limitations
The lighter side of the law
Law of Tort – Multiple Choice Questions
Law of Tort – Multiple Choice Questions – Solutions
Glossary of Terms

Authored by Teresa M Clyne MSc

Irish Law: The Irish Legal system for Beginners

A guide to the Irish Legal System with a user-friendly index. The compact format of this pocket-sized booklet makes it ideal for the reader to access information which they can carry around in their purse or coat which makes it convenient and suitable for daily life.

Law and the legal system are at the heart of all aspects of life in Ireland, from buying a cup of coffee on the way to work to investing in your first (or any home), getting a job to opening a new business, law surrounds our every move, yet most people living in Ireland are unaware of its impact on their daily lives.

legal-system

The first time most people encounter the law is either, in a small civil matter, like contract issues, or minor road traffic offences, such as parking illegally or speeding etc.This basic introductory PocketBook is just that, a layman’s guide, it is not meant to be an academic text book, 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.

So what’s inside

What is a legal system
What is a crime
The distinction between criminal and civil cases
The burden and standard of proof
Classification of Laws
Substantive Law
Procedural Law
Civil Law
Criminal law
Natural Law
Canon law
The Rule of Law
Common law compared to Civil law
Common Law
Civil Law
Pre Common Law in Ireland
Brehon Law
Sources of law in Ireland
European Community Law
The Doctrine of Supremacy
The European Community Treaties
Regulations
Directives
The EC institutions
The Organs of the EC
The Irish Constitution
Fundamental personal rights guaranteed under the Irish constitution
Common-Law
Acts of the Oireachtas or Legislation
Primary Legislation
Delegated Secondary legislation
Associated Statutory Instruments
The Rule of Law
The Separation of Powers
The Attorney General
The Organs of State
The President
The Executive
The Legislative
The Judiciary
Judicial Independence
The legislative process in Ireland
Statutory Interpretation
Aids to Interpretation
Intrinsic aids
Extrinsic aids
Interpretation Acts
The Law of Equity
Equitable Remedies
An Introduction to the Irish Court System
The District Court in Ireland
The Small Claims Court
The Circuit Court in Ireland
The High Court in Ireland
Structure of the High Court of Ireland
The Court of Appeal in Ireland
The Supreme Court in Ireland
The lighter side of the law
Multiple Choice Questions
page

 

pocket-watch-598039

Law Quiz

CLICK HERE TO TAKE THE QUIZ

legal system jpg

click here to take the quiz

Author Interview with Cheryl Bauman-Buffone

Pop on over to read Chryl’s interview

Author Interview with Cheryl Bauman-Buffone

%d bloggers like this: