David Whelan, BL

This Practice Note provides an overview of the distinction between express and implied terms and outlines the manner in which terms may be implied into a contract. In addition, this Practice Note provides guidance on the common law and statutory rules affecting implied terms in a consumer law, employment law, and landlord and tenant law context.

This Practice Note provides an overview of the essential components required to create a valid and enforceable contract: offer, acceptance, and consideration. This Practice Note defines each of these concepts in turn, identifies the conditions which must be satisfied for them to be deemed valid, and discusses their operation in various legal contexts. Subsequently, this Practice Note identifies which contractual relationships give rise to an assumption of an intention to create legal relations, and further, which categories of persons lack the requisite capacity to enter binding legal relations. Finally, this Practice Note considers the general principles of contract interpretation which apply in Ireland.

This Practice Note provides guidance on the common law and statutory controls affecting exclusion and limitation of liability clauses (also known as limitation of liability clauses, limitation clauses, exclusion of liability clauses, exclusion clauses and exemption clauses) including the provisions of the Sale of Goods Act 1893 (Ireland) and the Sale of Goods and Supply of Services Act 1980 (Ireland), Consumer Rights Act 2022 (Ireland) and SI No 27/1995 European Communities (Unfair Terms in Consumer Contracts) Regulations 1995.

This Practice Note provides an overview of the general application and interpretation of English case law in Ireland and examples of where similar and divergent approaches have been taken in the two jurisdictions on issues of contract law. It also considers the impact of Irish and European Union legislation and the Constitution of Ireland on the application of Irish contract law, before providing a brief overview of the civil court system.