Ireland—Contract—breach and remedies

Produced in partnership with Sean O'Sullivan BL of The Bar of Ireland

Practice notes

Ireland—Contract—breach and remedies

Produced in partnership with Sean O'Sullivan BL of The Bar of Ireland

Practice notes

This Practice Note provides an overview of breach of contract and the remedies available following a breach. It considers what may amount to a breach of contract, how the courts approach that assessment with reference to contractual interpretation of the parties’ obligations, the remedies for breach and the use of clauses to limit resulting liability and/or compensation. It also considers whether a claim for breach of contract be brought and how to claim late payment interest.

For guidance on contract law generally, see Practice Note: Ireland—Contract law essentials.

Breach of contract

A breach of contract occurs where one party (‘the defaulting party’) fails or refuses to comply with or perform their duties or obligations under the relevant contract, either in whole or in part. The other party to the contract (‘the innocent party’) will then be able to explore certain options for remedies for that breach.

It should be noted that a defaulting party with a lawful excuse for non-performance under a contract will generally not be found to be in breach of that contract.

Sean O'Sullivan, BL

Barrister, The Bar of Ireland

Sean O’Sullivan B.L. is a member of the Irish Bar at the Law Library and a CEDR Accredited Mediator. He practises in the areas of Company Law, Corporate Insolvency & Restructuring, Commercial & Contract Disputes and Banking & Financial Services. He has a particular focus on Privacy and Data Protection Law, where he advises data controllers and processors and has represented Privacy and Data Protection activist Max Schrems at all levels of the Irish Superior Courts and in the Court of Justice of the European Union. He is a regular speaker on topics relating to his practice, including in Trinity College Dublin, the Compliance Institute and Digital Trust Europe’s PrivSec World Forum.

Sean is also an elected member of the General Council of the Bar of Ireland, the body responsible for the administration and governance of the Law Library and its members in Ireland. He is a Committee Member with the British and Irish Commercial Bar Association and a former Co-Chair and current Committee Member with the OUTLaw Network.