Efnisyfirlit

• Cover
• Dedication
• Title Page
• Foreword to the First Edition
• Preface to the First Edition
• Preface
• Contents
• Table of Cases
• Table of Legislation
• Chapter 1 How to reach a successful agreement and avoid litigation
• The Importance of Reaching and Recording a Clear Agreement
• The Importance of Reaching an Agreement Before Conducting Business
• The Importance of Getting What You Want
• The Importance of Accurate Drafting
• The Importance of Contemplating What may go Wrong
• The Right to Enter into a Bad Bargain
• The Right to Enter into Risky Commitments
• Even Risky Investments Receive Some Protection in Contract Law
• Contracts are Interpreted on the Basis of the Words UsedEven If This Gives Rise to an Unattractive Result
• The Role of Good Faith
• The Importance of Recording Your Agreement in Writing
• The Risks of Negotiating in the Pub
• Be Careful as Regards What You Sign as You are GenerallyBound by It
• The Court Will Seek to Find a Concluded Contract if it can
• The Courts Will Try to Make Contracts Work
• The Importance of Certainty in Contract Law
• The Courts Can Only Apply Recognised Legal Principles
• Recognised Legal Principles may Change
• Context is Everything
• Contractual Rights are Not Discretionary
• Contract is a Property Right
• Contracts May Involve Other Constitutional Rights
• The Purpose of a Contract is not Normally to Make you Happy
• When in Doubt Seek Advice
• The Importance of Avoiding Litigation
• Chapter 2 Offer and Acceptance
• I. The Concept of Offer and Acceptance
• II. The Objective Principle of Interpretation
• III. Offer
• Auction sales
• The display of goods
• Advertisements and unilateral offers
• Examination bodies
• Quotations
• Lotteries
• Offers of reward
• Unauthorised offers
• Tenders
• IV. Acceptance
• Fact of acceptance
• Counter-offer
• Communication of acceptance
• V. Termination of Offer
• Revocation
• Rejection
• Lapse of time
• Death
• VI. Certainty of Terms
• Ambiguous terms
• Illusory terms
• Flexible terms
• Interpreting uncertainty
• Remedies
• VII. Incomplete Agreements
• Introduction
• Case law on incompleteness
• The modern Irish approach
• Specific failures of the contract
• Commercial cases
• Valuation mechanisms
• Agreements to negotiate
• A contract to make reasonable efforts or to cooperate to achievea stipulated result
• Lockout agreements
• Consultation clauses
• Heads
• Retrospective application of agreements
• VIII. The Phrase ‘Subject to Contract’
• Is there a concluded oral agreement?
• Using the phrase ‘subject to contract’ following a concludedoral agreement
• Certainty restored?
• Factual disputes
• Subject to contract and promissory estoppel
• IX. Phrases akin to ‘Subject to Contract’
• X. Gazumping
• The cases
• Reform
• XI. A Duty to Negotiate in Good Faith?
• Irish cases
• Other jurisdictions
• Legitimate expectation and negotiations
• Chapter 3 Consideration and Estoppel
• I. Introduction
• II. Deeds under Seal
• III. Consideration
• The basic rule
• The theory behind consideration
• Criticisms of the doctrine
• Executory and executed consideration
• Inadequate consideration
• Insufficient consideration
• Examples of consideration
• Settlement of claim
• Illusory and sham considerations
• Past consideration
• Consideration must move from the promisee
• Compromise and forbearance
• Part payment of an existing debt
• Consideration in family transactions
• Consideration and charitable pledges
• IV. Estoppel
• Introduction
• Estoppel and contract compared
• Promissory estoppel
• Proprietary estoppel
• A unified doctrine of estoppel
• The limits of estoppel
• A duty to negotiate in good faith?
• V. Legitimate Expectation
• Introduction
• The relationship between legitimate expectation and promissoryestoppel
• How the equity is satisfied
• The limits of legitimate expectation
• Conclusion
• Chapter 4 Intention to Create Legal Relations
• I. Introduction
• II. Objective Assessment of Intention
• III. Consumer Competitions
• IV. Domestic Family Arrangements
• Agreements between spouses and co-habitees
• Agreements between parent and child
• Other family arrangements
• A promise to make a bequest
• V. Neighbours
• VI. Educational Arrangements
• VII. Religious Arrangements
• VIII. Commercial Agreements
• The basic rule
• Mere puffs
• Express exclusion of legal enforceability
• Implied exclusion of legal enforceability
• Honourable engagement clauses
• Comfort letters
• Letters of intent
• Preliminary agreements
• Side letters
• IX. Lotteries or Gambling Arrangements
• X. Collective Agreements and Industrial Relations
• XI. Agreements by Representative Bodies
• XII. Agreements involving the Government
• XIII. Settlements
• XIV. Employees’ Bonus Payments
• XV. Sporting Clubs
• Chapter 5 Formal and Evidentiary Requirements
• I. Introduction
• Contracts do not have to be in writing
• Statutory requirements of writing
• Contracts do not have to be witnessed
• II. Contracts within the Statute of Frauds (Ireland) 1695
• A promise to pay for the debt, default or miscarriage of anotherperson
• An agreement made upon consideration of marriage
• A contract not to be performed within one year
• Contracts for the sale of goods in excess of €12
• A Contract for the Sale of Lands or an Interest therein
• Representations relating to character, etc
• III. The Requirements of the Statute of Frauds (Ireland) 1695
• Introduction
• The contents of the memorandum
• Signature
• Recognition of the existence of a concluded contract
• Joinder of documents
• Without prejudice documents
• Modern communications issues
• IV. Non-compliance with the Statute of Frauds (Ireland) 1695 and Related Legislation
• Pleading the Statute
• Non-compliance: common law consequences
• Equitable and other means of enforcing a contract that fails to satisfya statutory requirement of writing
• Part performance
• Reform
• V. Consumer Legislation
• Consumer credit agreements
• Hire purchase agreements
• Contracts negotiated away from business premises and distanceselling
• VI. Arbitration Agreements
• VII. Corporations
• VIII. Assignments of copyright
• Chapter 6 Electronic Contracts
• I. Introduction: There is No Electronic Contract Law
• II. The Statutory Framework for Electronic Contracts
• The Electronic Signatures Directive 1999
• The E-Commerce Directive 2000
• The Electronic Commerce Act 2000
• III. Online Contract Formation
• Validity of electronic contracts
• Formation of electronic contracts
• Intention to create legal relations online
• When and where is a contract formed on the internet?
• Is there an offer?
• Acknowledging receipt of an order
• The provision of information
• The incorporation of terms online
• The time at which an email is sent or received
• Unilateral errors made by electronic retailers
• IV. Electronic Signatures
• V. Shrinkwrap Contracts
• VI. Clickwrap Contracts
• VII. Sale of Goods Legislation
• VIII. The Future
• Chapter 7 Express Terms
• I. Warranties and Mere Representations
• Introduction
• Case law
• The onus of proof
• Authority to make warranties
• II. The Parol Evidence Rule
• The basic rule
• Exceptions to the parol evidence rule
• III. Collateral Contracts
• Introduction
• Requirements
• Avoiding the parol evidence rule
• Avoiding exclusion clauses
• Avoiding statutory writing requirements
• Conflict of laws
• Consideration
• Illegality
• Expanding remedies
• Other defects
• IV. Entire Agreement Clauses
• The purpose of an entire agreement clause
• The need for an entire agreement clause to be clearly worded
• An entire agreement clause as an estoppel
• Right to rectification not effected by an entire agreement clause
• Consumer legislation
• Irish case law
• Chapter 8 Implied Terms
• I. Introduction
• II. Terms Implied by Custom
• III. Terms Implied by Law
• In general
• Terms in contracts of employment
• Contracts with housing authorities
• The sale of goods and supply of services
• IV. Terms Implied by Fact
• The business efficacy test and the officious bystander test
• The relationship between the tests
• The operation of the tests
• Recent Irish case law
• Implied terms and fettering statutory functions
• Case law as to terms implied by fact in particular areas
• Implied terms and competition law
• V. Terms Implied by Statute
• VI. Terms Implied under the Constitution Including the Right to Natural Justice
• VII. A General Duty of Good Faith and Fair Dealing
• Duties imposed by law
• Exercising a contractual discretion
• Duties imposed in the context of achieving a stipulated result
• A duty not to prevent performance of the contract
• Good faith in certain contracts
• Developments in other jurisdictions
• The rejection of a general duty of good faith in Ireland
• Chapter 9 The Incorporation of Contractual Terms
• I. Introduction
• II. Contractual Documents
• III. Express Reference
• IV. Signature
• V. Non-Signature and Reasonable Notice
• The concept of reasonable notice
• The ticket cases
• The time at which notice is given
• Notice and consumers
• Incorporating onerous or unusual terms such as exclusion clauses
• Providing a corporate entity with reasonable notice
• Signed documents and reasonable notice
• VI. Incorporation by a Course of Dealing
• VII. Non-Incorporation by a Course of Dealing
• VIII. Incorporation by Common Understanding of the Parties
• IX. Incorporation in a Two-Contract Scenario
• X. Conclusion
• Chapter 10 The Construction of Contractual Terms
• I. Introduction
• The objective theory of intention
• Two approaches to the interpretation of contracts
• Is one interpreting the contract or a clause in the contract?
• Textualism v contextualism
• The document comes first
• The value of precedents
• The role of rules of construction
• Construction and the parol evidence rule
• II. The Development of the Factual Matrix Approach
• III. The Factual Matrix Approach applies to All Cases
• IV. The Plain Meaning of Words
• V. The Factual Matrix Approach
• The factual matrix in Ireland
• The elements of the factual matrix approach
• What is the matrix?
• The reasonable person
• Weighing the different types of evidence
• Pre-contractual negotiations
• Conduct during the contract
• Post-contractual conduct
• The legal background as part of the matrix
• VI. Maxims of Construction
• Commercial sense and unreasonable results
• Irish case law
• Justice/fairness
• The modern approach
• The limits of the commercial common sense approach
• Ascertaining the purpose of the agreement
• Looking at the contract as a whole
• Market practice
• Documents forming part of the same transaction
• Tailor-made clauses prevail over standard form clauses
• Alterations and deletions
• The presumption neither party is entitled to benefit from their ownbreach
• Saving the contract from mistakes
• Labels not conclusive as to actual legal nature of the relationship
• Where the parties have not anticipated a particular event
• Layperson’s transactions
• Special meanings
• The contra proferentem rule
• The ejusdem generis rule
• Expressio unius est exclusio alterius
• Generalia specialibus non derogant
• Noscitur a sociis
• Conjunctive and disjunctive terms
• The exclusion of remedies
• Why not say it?
• Effect should be given to every provision in a contract
• Construction of time periods
• Releases of claims and settlements
• Contract construed so as to be lawful
• Construing contracts against their statutory background
• The relevance of preambles and recitals
• Construing contracts of a public law nature
• Meaning of certain terms
• Chapter 11 The Construction of Exemption Clauses
• I. Introduction
• II. What are Exemption Clauses?
• III. The Contra Proferentem Rule
• IV. The Risk Covered
• Wilful damage
• Negligence and the three-stage test
• The meaning of gross negligence
• Excluding pre-contractual liability
• Inconsistent terms
• Substantive and procedural clauses
• Direct and indirect loss
• The main purpose rule
• Non-performance
• The doctrine of fundamental breach
• V. Bars to Operating Exemption Clauses
• Misrepresentation
• Collateral undertakings
• Unconscionable bargain
• VI. Exemption Clauses and Third Parties
• Chapter 12 The Sale of Goods and Consumer Protection
• I. Introduction
• II. Electronic Contracts
• III. Standard Form Contracts
• IV. The Sale of Goods
• What is a sale of goods?
• The right to sell
• Sale by description
• Merchantable quality
• Fit for a particular purpose
• Sale by sample
• Spare parts and servicing
• Dangerous defects in motor vehicles
• V. Supply of Services
• VI. Contracting out of the Sale of Goods and Supply of Services Acts 1893–1980
• VII. Remedies
• VIII. Guarantees
• IX. Protection against Unfair Terms in Consumer Contracts
• Consumer
• A seller of goods or services
• Terms not individually negotiated
• Excluded contracts
• Contracts of guarantee
• The core obligation
• Plain, intelligible language
• Construction
• The role of the national court
• The effect of unfair terms
• Choice of law clauses
• The test for unfairness
• Prima facie unfair terms
• Enforcement
• X. European Union Legislation
• Consumer information, cancellation and other rights
• Financial services
• The Product Liability Directive
• The Directive on Consumer Sales and Associated Guarantees
• The Timeshare Directive
• The Package Holidays Directive
• Consumer credit
• Hire purchase/consumer hire
• Unfair commercial practices
• The Misleading Advertising Directive
• Chapter 13 Mistake
• I. Introduction
• II. Mistake of Law
• Mistake of law at common law
• Mistake of law at equity
• Restitution of money paid under a mistake of law
• The timing of the mistake
• Reform
• III. Common Mistake of Fact
• The timing of the mistake
• The assumption of risk
• Fault
• Common law
• Equity
• Developments in England
• The Great Peace in Ireland
• IV. Mutual Mistake as to Terms of the Agreement
• Errors in motive
• Failure to appreciate the commercial effect of an agreement
• Errors in subject matter
• V. Mistake in Executing a Deed or Contract
• Misstated term
• Error in the preparation
• Failing to carry the contract formula into effect
• VI. Unilateral Mistake as to Identity
• Face-to-face transactions
• Contracts concluded by post
• Contracts in writing
• Mutual mistake as to identity
• Avoiding a voidable contract
• Reform
• VII. Other Unilateral Mistakes
• VIII. Remedies Available for an Operative Mistake
• A declaration that the contract is void at common law
• Equitable remedies
• Rescission
• Rectification
• Specific performance
• Damages
• IX. The Plea of Non Est Factum
• The basis of the plea
• The scope of the plea
• The elements of the plea
• The distinction between non est factum and misrepresentation
• Reform
• Chapter 14 Misrepresentation
• I. Introduction
• II. The Statement
• Interpreting the statement
• A representation of fact
• Made by or on behalf of one party to another party
• The representation is untrue
• Inducement and reliance
• Obligation on representee to verify
• Correcting a misrepresentation
• Pleading particulars of misrepresentation
• III. Fraudulent Misrepresentation
• Introduction
• Knowingly
• Negligence/lack of care
• Recklessness
• Remedies
• IV. Negligent Misrepresentation
• Introduction
• Contractual negligent misrepresentation
• Negligent misstatement in tort
• Statutory negligent misrepresentation
• V. Innocent Misrepresentation
• Common law
• Statutory right to damages
• VI. Remedies
• Indemnity
• Rescission generally
• Affirmation
• Delay
• Power to award damages in lieu of rescission
• Misrepresentation as a defence
• Excluding liability for misrepresentation
• VII. Silence as Misrepresentation
• Silence distorting a representation
• Subsequent untruth or discovery of untruth
• Contractual duty to disclose
• Duty to disclose in sale of property
• Fiduciary relationships
• Suretyship contracts
• Contracts of employment
• VIII. The Duty to Disclose in Insurance Contracts
• The scope of the duty to disclose
• Matters that may be material
• Matters of common notoriety or knowledge
• The assured’s knowledge of a fact
• Basis of contract clauses
• Brokers
• The insurance company’s knowledge of a fact
• Modification of the general rule
• The continuing nature of the duty
• Excluding the duty of utmost good faith
• A mutual duty
• Misrepresentation and disclosure compared
• Chapter 15 Duress, Undue Influence and Unconscionable Bargain
• I. Introduction
• II. Duress
• The criminal law
• The traditional grounds of duress
• Economic duress
• The relevant factors
• Employer/employee relations
• The remedy for duress
• Delay/affirmation
• Restitution not possible
• Reform
• III. Undue Influence
• Class 1: Actual undue influence
• Class 2A: Presumed undue influence
• Class 2B
• Unfairness of the bargain
• Imputed undue influence
• Rebutting the presumption of undue influence
• Bars to relief
• Remedies for undue influence
• IV. Unconscionable Bargain
• The development of unconscionable bargain
• Unconscionability
• The position of disadvantage
• Knowledge
• Victimisation
• Unconscionable bargains in commercial transactions
• Bank guarantees
• Court settlements
• Insurance settlements
• Sale of real property to a commercial developer
• Upholding the unconscionable bargain
• The remedy
• Delay
• Statutory unconscionability
• V. Inequality of Bargaining Power
• Chapter 16 Illegality
• I. Framework
• Statutory illegality and common law illegality
• Illegal and void contracts
• Public policy
• II. Illegal Contracts at Common Law
• Contracts relating to a crime or a tort
• Contracts prejudicial to the administration of justice
• Contracts injurious to good government
• Agreements to defraud the Revenue
• Contracts tending to encourage sexual immorality
• Contracts tending to encourage immorality generally
• Contracts prejudicial to the public good
• III. Void Contracts
• Agreements to oust the jurisdiction of the courts
• Contracts which subvert the sanctity of marriage
• Contracts in restraint of trade
• IV. Statutory Illegality
• Express provision for illegality
• Implied requirement that contract be illegal
• V. Gaming and Wagering Contracts
• Wagering
• Gaming
• Lotteries
• The consequences of a wagering or gaming contract
• Money lent for gaming and wagering
• Cheques and other securities
• VI. The Consequences of Illegality
• Ex turpi causa non oritur actio
• Restitution of benefits
• VII. Severance
• Severance of whole or entire covenants
• Severance within covenants
• VIII. Pleading and Proving of Illegality
• Pleading illegality
• Proving illegality
• IX. Alterations to a Contract without Consent
• X. Reform
• Chapter 17 Restraint of Trade
• I. Introduction
• Common law
• European Union competition law
• Domestic competition law
• The relationship between the common law rules and competition law
• II. The Modern Doctrine of Restraint of Trade
• Restraints outside the doctrine of restraint of trade
• Categories to which restraint of trade applies are not closed
• Construction of covenants in restraint of trade
• III. Employment Contracts
• Implied terms at common law
• Restrictive covenants
• Reasonableness
• The public interest
• Competition law
• IV. Covenants on the Sale of a Business
• Common law
• Covenants
• Partnerships
• Profit-sharing schemes
• Franchise agreements
• Competition law
• V. Exclusive Dealing Arrangements and Solus Agreements
• Exclusive dealing arrangements
• Solus agreements
• VI. Exclusive Service Agreements
• Music contracts
• Sport
• VII. Resale Price Maintenance
• VIII. Trade Union/Trade Association Rules
• IX. Remedies and Defences
• Common law
• Competition law
• Repudiatory breaches and enforceability
• Defences
• Chapter 18 Contractual Capacity
• I. Introduction
• II. Minors
• Contracts that are binding on a minor
• Contracts valid unless repudiated
• Contracts absolutely void under the Infants Relief Act 1874
• Contracts void under the Betting and Loans (Infants) Act 1892
• Specific performance
• Non-contractual remedies involving minors
• Reform
• III. Prisoners
• IV. Mental Incapacity
• Introduction
• Meaning of incapacity
• Disability known to the other party
• Disability not known to the other party
• Unconscionable bargain
• Property subject to control of the court
• Necessary goods and services
• Third parties and the duties of financial institutions
• Agency
• Reform and the Assisted Decision-Making (Capacity) Act 2015
• V. Intoxicated Persons
• VI. Corporations
• Chapter 19 Privity of Contract and the Assignment and Novation of Contractual Rights
• I. Privity of Contract
• Introduction
• Development of the doctrine of privity
• Consideration and joint promises
• Multipartite contracts
• Exceptions to the doctrine of privity
• Reform
• II. The Assignment and Novation of Contractual Rights
• Assignment of contractual rights
• Terminology
• Assignment at common law
• Assignment in equity
• Statutory assignment
• Features of equitable assignments
• Contractual right to assign
• Rights incapable of assignment
• Novation and assignment distinguished
• Negotiability and novation distinguished
• Assignment of contractual liabilities
• Chapter 20 Termination of Contracts I: The Classification of Terms and Contingencies
• I. Introduction
• II. Conditions, Warranties and Intermediate Terms
• Problems with the condition/warranty dichotomy
• The Hong Kong Fir Approach
• The modern test
• The classification of time clauses
• III. Contingent Conditions
• Introduction
• The modern Irish approach
• Waiving the condition
• Communication of satisfaction of condition precedent
• Contingent promissory conditions
• Reform
• Chapter 21 Termination of Contracts II: The Doctrine of Frustration
• I. Introduction
• II. Frustration and Mistake Distinguished
• III. The Development of the Doctrine
• IV. The Theoretical Basis of the Doctrine
• V. The Test
• Non-existence of subject matter
• Death of a party to a personal contract
• Frustration of the business venture
• Increase in the burden of performance
• Financial impossibility as a defence to specific performance
• A failure to provide for ordinary commercial risks
• Delay as a frustrating event
• Foreseen events
• Effect when parties expressly provide for the frustrating event
• VI. Self-induced Frustration
• Deliberate acts
• Degrees of fault
• Case law
• Choosing between several contracts
• Proving frustration was self-induced
• Self-induced frustration and the separation of powers
• VII. Employment Contracts
• Introduction
• Criminal convictions
• Illness of employee
• Frustration caused by employer
• The abolition of a public office by statute
• VIII. Leases
• IX. Frustration and Illegality
• X. Effect of Frustration
• The traditional rules
• Accrued rights
• Deficiencies in the traditional approach
• A restitutionary approach
• Partial frustration
• XI. Reform
• Chapter 22 Termination of Contracts III: Performance, Termination and Breach of Contractual Obligations
• I. Introduction
• II. Performance
• The basic rule and entire contracts
• The doctrine of substantial performance
• Statutory exceptions
• Divisible contracts
• Fault of one party preventing performance
• Tender of performance
• Time of performance
• Vicarious performance of contractual obligations
• III. Termination through Agreement
• Rescission and abandonment
• Variation
• Interpreting contractual rights to vary
• Waiver
• Estoppel
• IV. Exercise of a Right to Terminate
• Introduction
• What amounts to a breach?
• Terminology
• Proportionality between breach and termination?
• Categories of rights to terminate
• Case law involving computers
• Election to cancel or affirm
• Affirmation
• Election to terminate
• Termination must be of the contract in toto
• Relying on grounds unknown at the time of termination
• V. Breach of Employment Contracts
• Chapter 23 Damages
• I. Introduction
• Difficulty in calculation is not a reason to refuse damages
• Courts will be inventive where necessary
• However proof is needed
• Contract damages not subject to equitable limitations
• The basic rule for contract damages
• Contract damages not intended to confer a profit
• Contract and tort damages compared
• Classification of the measure of damages
• The relationship between the heads of loss
• Whose loss?
• Pleading and awarding damages
• II. Compensatory Damages
• The sale of goods
• Building contracts
• Landlord and tenant
• Contracts for the sale of land
• Cost of performance disproportionate to benefit
• III. Compensation for Harm to Intangible Interests
• The exclusionary rule
• Damages for loss of reputation
• Physical inconvenience
• Contracts with a non-economic subject matter
• Non-pecuniary damages in ordinary commercial contracts
• Employment contracts and general damages
• Quantum of non-pecuniary general damages
• IV. Non-compensatory Damages
• Aggravated damages
• Exemplary or punitive damages
• Restitutionary/disgorgement damages
• Nominal damages
• Contemptuous damages
• No damages
• V. Remoteness
• Introduction
• The policy behind the rule
• A new approach: the assumption of responsibility
• Burden of proving claim not too remote
• Remoteness in contract versus tort
• The first limb of the test in Hadley v Baxendale
• The second limb of the test in Hadley v Baxendale
• Communication of special circumstances
• Type of loss and degree of loss
• Impecuniosity
• Failure to pay a sum of money and remoteness
• VI. The Date of Loss
• Introduction to date of loss
• Unique goods and date of loss
• The provision of services and date of loss
• The modern flexible approach to date of breach
• The Golden Victory in Ireland
• VII. Causation, Certainty and Hypothetical Events
• Causation
• Assessing claims based on future events
• No-transaction cases versus completed-transaction cases
• VIII. Mitigation
• Introduction
• Mitigation and contributory negligence
• The position the innocent plaintiff is in
• Irish case law
• No duty to pursue unrealistic mitigation options
• Continuing in business with the party in breach
• Standing on a point of principle and non-contractual concerns
• Mitigation and anticipatory breach
• Mitigation v refusal to accept repudiation
• Claims for monies expended in mitigating loss
• IX. Other Limiting Principles on Contract Damages
• Legal liability as loss
• No loss on breach
• Benefits accruing to the plaintiff after breach
• The minimum performance principle
• Deducting collateral benefits from damages
• Contributory negligence
• Taxation
• Interest
• X. Penalty Clauses and Liquidated Damages
• Introduction
• The traditional Dunlop test
• Test 1: Extravagant and unconscionable sums
• Test 2: Sums due and acceleration clauses
• Test 3: Lump sum payable for varying degrees of loss
• Test 4: Difficulty of estimation
• Interpreting potential penalty clauses
• Penalty clauses and breach of conditions
• Employment law
• Consumer contracts
• Exceptions
• Effects of the penalty clause
• Conclusion
• Chapter 24 Remedies Other than Damages
• I. Introduction
• II. Specific Performance and Injunctions
• Introduction
• Injuncting negative promises
• Injuncting positive promises
• Discretionary reliefs
• Tactical considerations
• A concluded contract
• III. Action for an Agreed Sum
• IV. Rectification
• V. Indemnity for Expenditure
• VI. Rescission
• VII. Restitution and Unjust Enrichment
• Introduction
• Irish case law
• The development of the remedy in England
• Restitution of monies paid by the plaintiff
• Free acceptance
• Defences to a claim in restitution
• Pleading unjust enrichment
• Quantum meruit
• Work not intended to be remunerated
• Contract and unjust enrichment/quantum meruit
• Breach of contract
• Index
• eCopyright