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Category: Contract

Marital property agreements (pre-nuptial and post-nuptial agreements): Law Commission of England and Wales

12 January, 2011
| No Comments
| Contract, General

Marital property agreements (pre-nuptial and post-nuptial agreements)

Consultation paper

On 11 January 2011 we published a consultation paper.  This reviews the current law of marital property agreements, discusses options for reform and puts forward questions for consultees.  The consultation closes on 11 April 2011.

Other documents

We have prepared a summary of the consultation paper and a press release.

via lawcom.gov.uk

For the position in Ireland, compare the Report of the Study Group on Pre-nuptial Agreements (2007). Unless and until these reports are implemented, the leading case in the UK is Radmacher v Granatino[2010] UKSC 42 (20 October 2010); the most recent case in Ireland is S v S [2009] IEHC 579 (27 July 2009); and the leading case is still MacMahon v MacMahon [1913] IR 428, in which the Court of Appeal (Palles CB, Holmes and Cherry LJJ) held that pre-nuptial agreements were invalid, unless made between married but separated parties to achieve a re-union (though many of the authorities relied on in that case were less persuasive in Radmacher).

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Koncision » Indemnification: A Misunderstood Concept

6 January, 2011
| No Comments
| Contract, General

Indemnification: A Misunderstood Concept

Posted on January 6, 2011 by Kenneth A. Adams

In this recent blog post I explained why I’m not a fan of imposing on a contract party an obligation that it doesn’t have control over. Rather than engage in that sort of indirect and counterintuitive risk allocation, I’d rather make my risk allocation explicit. One way to do that is by providing for indemnification.

via koncision.com
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Is a newsletter deal to sell a €395 book for €136 too good to be true?

1 December, 201020 August, 2019
| 4 Comments
| Contract, Mistaken offers

Round Hall logo, via their siteBy way of update on this morning’s post, here is an extract from an email I received today from the Irish publishers Round Hall (the local imprint of Thomson Reuters) which raises very similar issues:

Oops! Correction of Offer Price for The Criminal Process

Correction

Our E-newsletter distributed on 30 November 2010 contained a mistake in relation to the 20% savings advertised for The Criminal Process by Thomas O’Malley.

The correct offer price, valid until the 15 December 2010, is in fact €316, and not €136 as advertised in our latest e-newsletter. The list price is €395. I’m sure that you will agree that this is still an excellent offer for this particular title!

Our sincere apologies for any confusion caused. (Our marketing department is doing suitable penance at the moment, and is also paying a little visit to the optician…)

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Is an online deal for a €98 tv too good to be true?

1 December, 201020 August, 2019
| 7 Comments
| Contract, Mistaken offers

Arnotts logoAn item in the Readers’ Queries feature on the Consumer page in last week’s Irish Times caught my eye, not least because it raised very interesting issues about ordering goods online:

Online TV deal too good to be true

A reader was on the Arnotts website recently pricing televisions when he found a 42” model for €1,498. According to the site it had a discount of €1,400. “A TV for €98? Where could I go wrong? So I put in my Laser card details, expecting to be told the order could not be processed due to a pricing error but no, it went through. I got a confirmation e-mail a few minutes later with an order number,” he writes.

He “kept checking the tracking of the order on their web page and it said the order was processed and waiting for a delivery date. Later that evening I got an e-mail saying they had made an error in pricing and my order was cancelled.”

The incident has left him curious. “Since Arnotts never took any money from my account but did issue the order number, do they have to honour the order or are they completely within their rights to cancel it?

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Can you recover taxes and charges from airlines when you don’t travel?

16 November, 201015 November, 2010
| 1 Comment
| Airline charges, Consumer, Contract, Restitution

Small palm tree, via Steve Hedley's restitution siteYes, you can. If you book to travel with an airline, and pay their fee plus government taxes and airport charges, but if you then don’t travel, so that the taxes are not due and the charges are not incurred, you are entitled to recover those taxes and charges from the airline. If the contract between you and the airline contains a clause either making them irrecoverable or imposing disproportionately high administration fees to recover them, that clause is unenforceable (on foot of the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 (SI No 27 of 1995). I have already discussed this matter here, here, and here. Those posts discuss the ongoing campaign by the National Consumer Agency against airlines which refuse to refund such taxes and charges, or which impose disproportionately high administration fees when non-travelling passengers seek to recover them. In the Irish Times recently, Ciarán Hancock reported on the next stage of that campaign:

Airlines retain €28m in taxes and charges on unfilled flight seats

The National Consumer Agency (NCA) is seeking to clip the wings of Irish airlines who pocket taxes and airport charges paid by passengers who do not travel on flights they have booked.

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Turner, Garrow, Zong; Contract law and the slave trade, redux

15 November, 201030 November, 2020
| 4 Comments
| Cinema, television and theatre, Contract, The Zong

Slave Ship by Turner, via WikipediaI love the paintings of WIlliam Turner (1775–1851). Every January, the Vaughan bequest of Turner watercolours goes on display in the National Gallery of Ireland, and every January I spend a happy Saturday afternoon in their company. One of Turner’s most arresting paintings is The Slave Ship (Slavers throwing overboard the Dead and Dying — Typhoon coming on) (1840) which is now on display in the Museum of Fine Arts, Boston (thumbnail, left; click through for better image). It is inspired in part by the story of the slaveship The Zong (replica image | image | story | wikipedia). In 1781, the shipowners claimed under an insurance contract for the value of lost cargo, which consisted of 133 slaves thrown overboard because the ship was running out of water (it is voyage 84106 on the Trans-Atlantic Slave Trade Database). The captain claimed he acted out of necessity; and in the infamous case of Gregson v Gilbert (1783) 3 Doug 232, 99 ER 629, [1783] EngR 85 (22 May 1783) (pdf | National Archives), the claim succeeded at first instance, but failed on appeal.

Although this action was for breach of contract, it is the inspiration for the main action in last night’s episode of Garrow’s Law (BBC | imdb | wikipedia), a BBC television series inspired by the life and times of 18th century barrister William Garrow.…

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Harmonising Private Law

1 November, 201029 October, 2010
| 1 Comment
| Conferences, Lectures, Papers and Workshops, Contract

Stefan Vogenauer, via Oxford University websiteProfessor Stefan Vogenauer (University of Oxford) (pictured left) will give the winter lecture for the Irish Society of Comparative Law (ISCL) at 5:00pm on Thursday, 11 November 2010, in the Swift Lecture Theatre, Room 2041A Arts Block, Trinity College Dublin (map here). His title is:

The Theory and Practice of Using Comparative Law in the Harmonisation of Private Law: the Case of Release of Contractual Rights.

Professor Vogenauer is Professor of Comparative Law at the University of Oxford, a Fellow of Brasenose College Oxford, and Director of the Oxford Institute of European and Comparative Law (IECL). His research interests lie mainly in the areas of comparative law, private law, international uniform law, European legal history and legal method. For his comparative and historical analysis of the interpretation of statutes in English, French, German and EU law, Die Auslegung von Gesetzen in England und auf dem Kontinent (Verlag Mohr Siebeck, Tübingen 2001, 2 vols), he was awarded the Max Weber Prize of the Bavarian Academy of Sciences and Humanities and the Otto Hahn Medal of the Max Planck Society in 2002, as well as the 2008 Prize of the German Legal History Conference. More recently, the Arts and Humanities Research Council (AHRC) awarded him approximately £350,000 to for a research project on ‘The Common Frame of Reference on European Contract Law in the Context of English and German Law’, which will explore the relationship between the recently published Common Frame of Reference and the contract laws of EU member states, as exemplified by German and English law.…

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Academic judgment and breach of contract in Ontario

14 October, 201017 September, 2020
| 8 Comments
| Academic Freedom, Academic judgment, Andrew Croskery, Contract, Litigation, Universities

York University law, via their website.Omar Ha-Redeye has blogged on Slaw about an Ontario CA decision that is very relevant to the judicial review proceedings being taken by Andrew Croskery to challenge his degree results in Queen’s University Belfast (on which I have previously blogged: 1, 2, 3). The gravamen of those posts was that courts are slow to disturb substantive academic decisions, though beyond that sphere, they will of course give effect to claims in tort or for breach of contract. This distinction is at the heart of the case at issue in Omar’s blogpost: Jaffer v York University 2010 ONCA 654 (7 October 2010).

In this case, the plaintiff challenged a decision to exclude him at the end of his first year because he had not maintained a sufficient grade average, on the grounds that the university had failed to make proper accommodation for his Trisomy 21 (Down’s Syndrome) and that he had detrimentally relied on an alleged promise by a professor to defer his status while the dispute over disability was resolved. His claim failed at first instance, in part on the ground that, “[w]hile there may be contractual or tortious issues within the broader claim, if the pith and substance of the impugned conduct is academic in nature, the action cannot be continued in the courts” ([24] Pitt J).…

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Welcome

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Hi 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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