Introduction Prior to the enactment of the Domicile and Recognition of Foreign Divorces Act 1986 (the 1986 Act) recognition of a foreign divorce was governed by common law rules. The domicile of a party may be broken into two categories; domicile of origin, refers to the birthplace of a party and domicile of choice, which […]
Critically discuss the concept of intention to create legal relations in contract law. In your discussion, consider whether you think the courts have struck the correct balance in this area of contract law.
Introduction Many agreements are created in everyday life where there is no intention to create legal relations such as arranging to meet a friend for dinner. In many cases it falls on the courts to establish a balance between the intention to create legal relations and frivolous claims that would amount to unnecessary use of […]
The authors of JM Kelly: The Constitution (4th ed., Tottel Publishing, 2003) have noted that the Preamble to the Irish Constitution ‘… has been used to lay the ground for the deployment of later parts of the Constitution, or to underpin judgments rhetorically and emotionally’ (at 53), has proven to be ‘… a dubious forensic weapon…’ (at 55) and has on occasion ‘… been invoked to justify judicial activism in the construction of the Constitution’ (at 54). Do you agree with these statements and views? Give reasons for your answer.
Introduction Ireland is not unique in having a preamble to its constitution. Other nations with constitutions containing a preamble include the United States, Poland and France. The Preamble of the Constitution is a short introduction to the Constitution that holds no binding authority. However, there is no doubt, great weight has been placed […]
Identify a provision in the Irish Constitution which, in your opinion, causes injustice. Explain how, in your opinion, it causes injustice and discuss the reform(s) which in your opinion, is/are necessary to remedy the injustice.
Introduction ‘A woman’s place is in the home’ considered by many, to be a joke of particular bad taste due to its sexist nature it is for the most part usually nothing more than an off the cuff comment in modern society. Therefore, raising the question how can such a draconian notion be enshrined […]
Justice as fairness and justice as entitlement
‘Let us never forget this fundamental truth: the State has no source of money other than money which people earn themselves. If the State wishes to spend more it can do so only by borrowing your savings or by taxing you more. It is no good thinking someone else will pay – that ‘someone else’ […]
In evolving the duty of care, the Irish Courts in Glencar v Mayo County Council have unnecessarily slowed down the development of new duties of care.
Introduction: A duty of care is a legally recognised obligation requiring the defendant to adhere to a certain standard of behaviour to those it has a proximate relationship to for their protection against foreseeable unreasonable risks and is the first element that must be established in negligence in the law of torts. The concept of […]
In its responses to the Eurozone Crisis, the European Union has sacrificed the clear interpretation of Union law and the very primacy of the Union treaties themselves in order to address short term economic problems, some of which are the Union’s own fault.
Introduction. This essay title is quiet broad covering a number of different issues that are all very much interrelated and are of current concern for the European Union and its’ citizens. Each aspect of the title will be defined and discussed using the case of Ireland and its’ bailout as a case study throughout the […]
Consideration need not be adequate but must be sufficient – Contract Law
Introduction. There are five elements to a contract; these are offer, acceptance, consideration, intention to create legal relations and capacity. A person or persons making an offer to another person or persons is the first step is creating a contract. Clarke defines an offer ‘as a clear and unambiguous statement of the terms upon which […]
Why is it so difficult to amend the U.S Constitution?
Introduction The American federal constitution is one of the oldest consolidated constitutional documents in the world, coming into force in 1789 after being ratified by the thirteen original states. A constitution must be balanced in such a particular way that it holds societies core values, usually regarding the governance of the state and the rights […]