cearta.ie

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.

Leave a Reply

 

Welcome

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.

Academic links
Academia.edu
ORCID

Subscribe

  • RSS Feed
  • RSS Feed
  • Subscribe via Email
  • Twitter
  • LinkedIn

Archives by month

Categories by topic

My recent tweets

Blogroll (or, really, a non-blogroll)

What I'd like for here is a simple widget that takes the list of feeds from my existing RSS reader and displays it here as a blogroll. Nothing fancy. I'd love a recommendation, if you have one.

I had built a blogroll here on my Google Reader RSS subscriptions. Google Reader produced a line of html for each RSS subscription category, each of which I pasted here. So I had a list of my subscriptions as my blogroll, organised by category, which updated whenever I edited Google Reader. Easy peasy. However, with the sad and unnecessary demise of that product, so also went this blogroll. Please take a moment to mourn Google Reader. If there's an RSS reader which provides a line of html for the list of subscriptions, or for each RSS subscription category as Google Reader did, I'd happily use that. So, as I've already begged, I'd love a recommendation, if you have one.

Meanwhile, please bear with me until I find a new RSS+Blogroll solution

Thanks,

Eoin.

Licence

Creative Commons License

This blog is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. I am happy for you to reuse and adapt my content, provided that you attribute it to me, and do not use it commercially. Thanks. Eoin

Credit where it’s due

The image in the banner above is a detail from a photograph of the front of Trinity College Dublin night taken by Melanie May.

Others whose technical advice and help have proven invaluable in keeping this show on the road include Dermot Frost, Karlin Lillington, Daithí Mac Síthigh, and Antoin Ó Lachtnáin.

Thanks to Blacknight for hosting.