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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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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

Teresa Clyne LLB, MSc

http://teresaclyne.com

Teresa Clyne LLB, MSc

Where law and forensic psychology meet

Interdisciplinary lecturing has to be one of the most exciting roles which a lecturer can hold.  From the beginnings of Criminology and Forensic / Criminal Psychology and how these disciplines interacted with the law and sentencing in the criminal justice system, there is never a moment whereby one could truly say, I am bored.

My MSc research revolved around how poor nutrition in childhood can contribute to delinquent behaviour which in turn can possibly lead to criminal behaviour in adulthood.  This research was exhaustive yet rewarding culminating in a finished dissertation which is available to read upon application.

The most difficult thing is the decision to act, the rest is merely tenacity. The fears are paper tigers. You can do anything you decide to do. You can act to change and control your life; and the procedure , the process is its own reward.
Amelia Earhart

At the moment I am in the early stages of many legal articles which revolve around sentencing of offenders in Ireland, I have also chosen to research the sentencing of offenders and also the leniency or perceived leniency in the sentencing of offenders i.e. gender bias.

I am an advocate of all citizens being educated in the basic legal principles and having some knowledge of the law.  There are several links on this website whereby you can learn the basics of Irish law, please feel free to navigate my site and if you have any queries on any of the articles or content then you can contact me below:

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