Tag: Irish Law

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The duty of care
9th Oct 2019
Introduction: The duty of care arises in the tort of negligence, a relatively recently emerged tort. The general principal is that you should not harm those people to whom you owe a duty of care by your acts of omissions....

Has the Law Remained True to the Neighbour?
9th Oct 2019
Introduction: Donoghue v. Stevenson is a remarkable example of common law judges at work, distinguishing, over-ruling, criticising and explaining hundreds of decisions extending......

Industrial Relations in Ireland
20th Aug 2019
Introduction: Industrial relation became increasingly popular over the past number of years with the increase of financial prosperity in nearly all industries....

Embryo and Foetal Rights
19th Aug 2019
Introduction: (Embryos are “…not, strictly speaking, either ‘persons’ or ‘property’, but occupy an interim category that entitles them to special respect because of their potential for human life”)...

Adverse Possession Makes it De Facto
16th Aug 2019
Introduction: It is the policy of the Limitation Acts that those who go sleep upon their claims should not be assisted by the courts in recovering their property...

Domestic Violence is a Worldwide Crime
14th Aug 2019
Introduction: Domestic Violence is a worldwide crime and occurs across cultures in every social grouping in society regardless of age, race, religion, gender or sexual orientation....

Adversarial Criminal Justice System
14th Aug 2019
Introduction: In an adversarial criminal justice system, the victim of crime is almost entirely eliminated from an active role in the process of responding to the convicted offender....

Company Law 2006 Companies Act
12th Aug 2019
Introduction: A trading company has implied power to borrow, however, whether express or implied, it carries implications by law a power to give a security for the loan...

What is Redundancy and Why it Happens
7th Aug 2019
Introduction: In this chapter I will discuss what redundancy is and why it happens and also the benefits of a good redundancy process on the staff being made ......

Strict Liability
7th Aug 2019
Introduction: In Criminal Law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present....

Rules of Contract Law Tutorials
6th Aug 2019
Introduction: The general rule for the doctrine of privity imposes that only the parties to a contract are entitled to take action in order to enforce it so ......

Fundamental Rights and Directive Principles
6th Aug 2019
Introduction: Since both the Fundamental Rights and the Directive Principles were of common origin, it is clear that they both had the same objectives, namely ......

The Sources of Irish Law
6th Aug 2019
Introduction: Law is the essential and one of the primary elements which controls and protects economic, political and social relationships in every country ......

Legal Burden of Proof
6th Aug 2019
Introduction: Any student of the law of evidence soon becomes familiar with the dictum of Viscount Sankey LC in Woolmington v DPP where he said:...

The Capacity of a Company to Contract
6th Aug 2019
Introduction: In Ireland every company registered under the Companies Act 1963-2009 must have a memorandum and articles of association. Under s.16 of ......

Interpreting the Irish Constitution
6th Aug 2019
Introduction: The aim of this Chapter is to provide an introduction and overview of the various interpretative techniques that are and have been employed ......

The Childcare Act
22nd Jul 2019
Introduction: The Childcare Act 1991 was a milestone act which brought about huge positive changes in the way children at risk were dealt with in Ireland....

Rights of Families & Parents
22nd Jul 2019
Introduction: Rights of Families & Parents. If the State was entitled to intervene in every case where professional opinion differed from that of parents, or where the State considered parents to be wrong in a decision, we would be rapidly stepping towards the Brave New World....

Murray v Ministry of Defence - 1988
16th Jul 2019
Introduction: Margaret Murray, M, was a suspect of aiding IRA, a prohibited organisation in Northern Ireland. D and five soldiers arrived at M’s house to arrest M......

Judicial Reviews in Ireland
7th Jun 2019
Introduction: The Irish court's position as to whether to grant judicial review on the grounds of administrative unreasonableness has changed significantly over the past thirty years....