the Irish for rights

A voyage round the law of Contract

Davy logo, via Davy websiteI’ve just read the judgment of Smyth J in Finnegan v J&E Davy [2007] IEHC 18 (26 January 2007). A must read for contract students everywhere, for what it says about duress (“hobson’s choice”), exercising contractual discretion especially in awarding bonuses, and restraint of trade.

Update (21 May 2007): I’ve also just read the judgment of Finlay Geoghegan J in Boliden Tara Mines Limited v Cosgrove & Ors [2007] IEHC 60 (09 March 2007). It too is interesting, in part for what it says (albeit in the context of a pension deed rather than a contract) about construction of documents (applying the leading UK case, which has been approved by the Supreme Court in a case not referred to here, though an earlier decision is), the remedy of rectification, and setting aside for (unilateral) mistake.

Update (25 May 2007): I’ve also read the interesting decision of O’Neill J in Flynn v Dermot Kelly Limited & Anor [2007] IEHC 103 (16 March 2007) on the interplay between, on the one hand, the definitions of “consumer”, “consumer-hire agreement”, and “hirer” in section 2 of the Consumer Credit Act, 1995 (also here), and the implied conditions as to quality and fitness of motor vehicles contained in section 13 of the Sale of Goods and Supply of Services Act, 1980 (also here; restated here (pdf)).

2 Responses to “A voyage round the law of Contract”

  1. Daithí says:

    As an eymological aside, I was fascinated by Smyth J’s use of the phrase “cut the painter” in Finnegan, so I had to go look it up.

  2. Eoin says:

    In another etymological aside, “hobson’s choice” has been defined as a choice in which only one option is offered, that is to say, no real choice at all – see wikipedia and phrase finder. It is also the title of a play by Harold Brighouse made into a 1954 movie directed by David Lean starring Charles Laughton see wikipedia and imdb.

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Me in a hatHi there! Thanks for dropping by. I'm Eoin O'Dell, and this is my blog: Cearta.ie - the Irish for rights.

"Cearta" really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.

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