Contract Law

Contract Law is the area of law most commonly encountered by citizens in everyday life. We all buy goods and services, we make deals with strangers and we work for employers based on certain terms and conditions. All these commercial transactions are governed by the law of contract. It is therefore hardly surprising that this is one of the most actively litigated- and most exhaustively examined- areas of law. Whether it is a dispute between a contractor and a property owner or a demand for money due and owing in a commercial transaction, people instinctively understand that contracts surround and effect them in countless ways every day. The posts below explore different aspects of contract law. Some of them describing the cutting edge of new caselaw. Others look back to precedents which can be hundreds of years old to illuminate current issues.

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Saturday, March 31, 2012 By Edward McGarr

Faulty DePuy Hip Implants: How to litigate the issue

In: Contract Law, DePuy hip, Negligence, Personal Injury Claims, Tort
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Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.

Friday, March 30, 2012 By Edward McGarr

Faulty PIP breast implants: The Time Problem

In: Contract Law, Medical Negligence, Negligence, Personal Injury Claims, PIP Implants, Tort
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What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.

Thursday, February 23, 2012 By Edward McGarr

Faulty PIP Breast Implants: Questions answered

In: Contract Law, PIP Implants
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Is this a serious defect in the PIP Breast Implants?

If the breast implants do not rupture, it is probably not a problem. However, in all cases of fraud, as this one is, it is not possible to exclude the possible presence of toxic substances in the breast implants. If that is the case the problem is not just serious, it is serious and acute.

Monday, February 20, 2012 By Edward McGarr

What do lawyers do?

In: Contract Law, Legal profession
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Yes, you will need a lawyer or even lawyers, if you find yourself in this kind of trouble. Lawyers, regardless of what they are doing, are doing it to earn their living, among other things. Get ready to pay for the service and remember why you needed the service in the first place.

Saturday, February 11, 2012 By Edward McGarr

Defective Breast Implants

McGarr Solicitors have considered the problems of Irish women who have been fitted with breast implants manufactured by Poly Implants Protheses SA. (“PIP”). You can read our views on our other website Personal Injury Ireland.

Monday, December 19, 2011 By Edward McGarr

Iolanthe, Certainty and Knowledge

In: Contract Law, Politics
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It was also unnecessary. The burden of proof on Anglo Irish Bank was on the balance of probability. Undoubtedly its loan documentation unequivocally showed that Mrs. Quinn signed up to a loan transaction. (We can know this because of what we know about lawyers; her lawyers would have pointed out any deficiencies. From reports, they did not, therefore there were none).

Thursday, December 1, 2011 By Edward McGarr

The Politics Of Contracts

In: Contract Law, Politics
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Consequently, financial claims arising in contract do not all deserve to be heard in summary manner in the High court; some should go to plenary hearing with a full examination of the context in which the agreement was concluded.

Thursday, October 27, 2011 By Edward McGarr

The Command Economy of 1952

In: Contract Law, Politics
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To buy a house is the most significant purchase most people will make. It is the ultimate consumer purchase.

Thursday, May 26, 2011 By Edward McGarr

We have Counsel’s Opinion!

In: Contract Law, UK Court
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Sometimes, counsel’s opinion is just plain wrong. Of course, sometimes clients get what they insist on having.

Monday, March 28, 2011 By Edward McGarr

The Statute of Limitations

The title to this post is a misnomer; it implies that there is one single location where the law on limitations of action is stated. This is not the case, but it is the colloquial method of referring to the issue. The issue is this; at what point and in what circumstances will an alleged injured person (injured in body, property or reputation) be prevented from maintaining legal proceedings, for redress, due to delay in bringing the proceedings? All common […]