This book offers an introduction to business law in Ireland and explores the major requisite themes, including the law of tort, the law of contract, company and commercial law, European/EU law, and employment law. Contents include: what is "a tort"? * professional negligence * passing off * offer and acceptance * consideration and intention to create legal relations * the sale of goods and supply of services * contractual terms and exclusion clauses * misrepresentation * mistake * economic duress and undue influence discharge * remedies for a breach of contract * introduction to company law * directors * agency * corporate borrowing * negotiable instruments * insurance * corporate insolvency * introduction to European law * significant case law of the EU * the contract of employment * employment law disputes. (Series: Core Text) [Subject: Irish Law, Business Law, Labor Law]
While many students may consider company law to be technical, dry, and difficult to understand, the approach taken in this book is to breathe life into existing Irish and English case law and use it to explain and outline the current law, guiding the reader through the principles of company law in a clear and concise way. Company Law in Ireland is an essential and recommended textbook for most undergraduate law courses. All students of company and business law, as well as business owners and persons with a general interest in company law will find this book to be both readable and accessible. This second edition is now fully revised to take account of the commencement of the Ireland's Companies Act 2014. *** From the Foreword of the First Edition: ''Mr. Thuillier's enthusiasm for and knowledge of company law and novel approach makes this book accessible to persons without a prior knowledge of company law who may have an interest in the topic. Whilst its structure and useful identification of "learning outcomes" makes it particularly suitable for students others who may wish understand company law whether in connection with their business, voluntary activities or otherwise will find this book accessible and of interest.'' -- Ms. Justice Finlay Geoghegan (Series: The Core Text) [Subject: Irish Law, Company Law, Business Law]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Ireland deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policymakers access to sports law at this specific level. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Business Law Cram and Revision Notes with over 250 Multiple Choice Questions (MCQs) AND Answers. Welcome to my ATI / ACCA / CPA business law notes booklet, before I go on, I will just explain that not every topic in the ATI / ACCA / CPA exams is covered in this book but probably 70% of the major areas are, (this is a revision and cram booklet, not a textbook). I teach ATI & CPA law and ethics and business management and have found that putting notes together for my students has proved invaluable and also helps me to ensure that no areas are left unstudied. The primary aim of this business law revision booklet is to prepare you for the exams ahead, these law notes have all of the relevant topics you need to pass your ATI / ACCA / CPA exam, of course you must have the information in the first place so ensure you have bought a good law manual, (my business law book, which covers ALL of the ATI / ACCA / CPA modules and LO's, An Introduction to Business Law is available on Amazon) Please visit my website: www.teresaclyne.com for more information on other subjects which you might find helpful.
Business lawBusiness law (or the law of business organisations) is the area of law concerning companies and other business organisations. This includes corporations, partnerships and other associations which usually carry on some form of economic or charitable activity.If you are a law student or you have, or are thinking about, setting up your own business,this textbook will provide you with an essential grounding in company structure and law within Ireland. The structure of business and the legal requirements for partners, directors, shareholders and company secretaries are crucial in order to ensure that companies stay within the law and avoid costly and potentially devastating leadership mistakes.Legal writing in plain English. Law books using plain English which is easy to understand using clear concise plain wording. Welcome to my series of law textbooks for beginners.Business law is a broad spectrum in Irish law, is utilises various legal principles and doctrines such as the law of Contract, the law of Tort, Company law, Consumer law, the law of Agency, Employment law, and of course, the fundamentals of the Irish legal system.The Law of ContractFormation of a ContractOfferDistinction between Offer and Invitation to TreatTermination of an offerAcceptanceThe Postal Rule (for acceptance)Intention to Create Legal Relations (intention to be legally bound)Family, Domestic or SocialCommercial Arrangements (courts held that an intention to create legal relations is implied)Consideration Unilateral ContractsExecuted and executory considerationDoctrine of privity of contractContents of a ContractConditionWarrantyExpress termsImplied TermsMatter of FactOfficious Bystander TestMatter of LawImplied under StatuteTerms implied by the CourtsImplied by CustomThe Parol Evidence RuleInnominate termOnus of proofMistakeUnilateral or bilateral mistakeCommon MistakeSection 7 of the Sale of Goods Act 1893Mutual Mistake - Mutual misunderstandingUnilateral MistakeMistaken IdentityDamagesRectificationRecissionSpecific PerformanceExemption ClausesThe legal effects of exemption/limitation clausesLimitation ClauseExclusion ClausesBars to exclusion/limitation clausesMisrepresentationCollateral UndertakingsUnconscionable BargainContra ProferentemVitiating factors, discharge and remedyDuressThreats Economic DuressPressureCausationRemedies for DuressBars to remediesUndue InfluencePresumed Undue InfluencePresumed on RelationshipSpecial relationshipsRebutting the presumption of Undue Influence Unconscionable BargainMisrepresentationReliance in factExceptions to silenceCompensationRecessionEnforcement and AbetmentDamages in LeiuPartial rescissionLegislationVoid ContractsLaw of Tort NegligenceDonoghue v StevensonDuty of careBreachCausationRemotenessReasonable PersonCaparoMitigate LossesIllegalityConsent, volenti non fit injuriaContributory NegligenceStandard of CareLaw of Agency RatificationEstoppelEmergency/necessityEmployment law Vicarious liabilityUnfair dismissalWrongfulConstructiveRedundancyTUPEtransfer of undertakingsConsumer law Sale of goods and Supply of ServicesConsumer protection Act 2007National Consumer AgencyCompany law Directors dutiesAuditorsBoard of directorsDebenturesSharesCompany meetingsLTDDACPLCUltra viresReceivershipExaminershipLiquidationIncorporationCompanies Act 2014
Legal, tax and labour aspects of business operations in the ten European Community countries and Switzerland
Author: Association Europpeene D'etudes Juridiques et Fisc
Publisher: Springer Science & Business Media
This book is intended to serve as a guide to businessmen and their advisers, either from outside the Common Market or from within, who seek basic information on questions in three main fields: company law and related legal matters, taxation, and labour law. For those who wish to establish an enter prise or form a holding or financing company in one of the Member States of the Common Market (including Greece, of course) or Switzerland this guide offers a unique opportunity to compare conditions in the various countries in the three fields. This is facilitated by the strict adherence to one format for each national chapter. Those who are already present in one or more of the eleven countries will find a global answer to a number of practical questions that may arise. For detailed answers the local lawyer or other consultant remains indispensable. The format is based on two different approaches the foreign investor may take: either he 'goes it alone', by way of establishing a branch, setting up a subsidiary or taking over an existing company, or he joins forces with another investor from within the host country or from outside. In the latter event there are a number of legal forms (jointly owned company, partnership, etc. ) which may be used.
Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both Irish and Community law recognise the right for parties injured by anti-competitive conduct to sue for damages. This right to damages, in theory, allows those that have suffered loss to recover that loss whilst helping to deter others from taking the illegal route to commercial success. However private actions for damages in Ireland are rare. This book asks what the purpose of private competition litigation is and questions why there has been a dearth of this litigation in Ireland. The author makes a number of suggestions for reform of the law to enable and encourage private competition litigation. The author takes as his starting point the European Commission's initiative on damages actions for breach of the EC antitrust rules and compares the position in Ireland to that currently found in the UK and US.
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
An Introduction to Business Law is designed to provide a framework of relevant Irish law for students whose primary areas of study are in business and accountancy. The text is written in a style that breaks down the complexities of the law in a simple and concise manner so that it can be easily understood by students.