Irish_Law

Irish Law • “A crucial feature of a legal system is that it identifies the origins of different rules and establishes their relations to one another”. The Irish Legal System, Byrne & McCutcheon, 4th Edition, 2001, Butterworths. • Outline and discuss any two of the following sources of Irish Law:- 1. Common Law. 2. Legislation. 3. Constitution. 4. European Law • Outline and discuss any two of the following sources of Irish law. (i) Legislation (ii) Constitution (iii) European Law. Please refer to case law where appropriate. • Your friend has been asked by his employer to speak to a group of American tourists about the relationship between the Irish Constitution and legislation as sources of law. He knows you have attended lectures on the subject and he comes to you looking for some information which he can include in his talk. What information would you provide him with' Contract • “A contract to be valid, and therefore binding on the parties, must be possessed of certain ingredients”. Discuss. • Outline and discuss the remedies for breach of contract • Outline and discuss the necessary ingredients for the formation of a contract Principal and Agent • Detail the respective duties owed by the principal and agent to each other in an agency agreement • Describe the different ways in which agency can be established Tort/Negligence • Identify and discuss the principal elements of the tort of defamation. • Discuss the four elements necessary to establish a claim in negligence. • Your best friend, Marge Simpson, is sitting in her car in traffic when she is struck from behind by another vehicle. As a result she suffers a whip-lash type injury. Marge thinks she might be able to recover damages for personal injuries caused by what she says was the negligence of the driver of the other car. She recalls that you have attended some law lectures in DIT so she calls to see you to ask your advice about the principles of negligence in tort law. How would you advise her' Copyright/Patents/Trademarks • Write a note on any two of the following:- • Copyright • Patents • Trademarks. • The Trademarks Act 1996 (ii) The Patents Act 1992 Employment Law • Discuss the relationship between Unfair Dismissal, Constructive Dismissal and Redundancy in employment law. • In employment law, what is the difference between a contract of service and a contract for services and why is the distinction important' (Please refer to case law where appropriate). Competition Law • “Competition law is the body of legal rules designed to maintain the competitive rivalry that should exist in the marketplace”. Irish Competition Law, McCarthy & Power, Butterworths, 2003. Discuss how this objective is achieved through the Competition Act, 2002 and illustrate the answer by reference to relevant recent activities of the Competition Authority. • How and by what means are anti-competitive practices prevented in Ireland' • Outline the main provisions of the Competition Act, 2002. • Write a note Competition Law in Ireland. Answers should refer to the Competition Authority, the relevant provisions of the Competition Act 2002, and any recent case-law concerning anti-competitive practices generally. • Discuss the relationship between Sections 4 and 5 of the Competition Act, 2002' Company Law • Outline in general terms the principal features of Irish Company law • (a) Outline the difference between the Memorandum and Articles of Association of a company. (b) What does the case of Salomon v Salomon & Company Ltd. 1897 establish' (c) Describe the differences between Examinership and liquidation' Answer all parts. (ii) What is limited liability and how does the concept operate in company law' (iii) Describe the role and functions of a court appointed liquidator in the context of the winding-up of a company. • Your friend Ned is thinking of investing in a company. He read a brochure recently which referred to ‘shareholders’, ‘directors’, ‘auditors’, and a ‘company secretary’. Explain to Ned any two of these terms. (ii) Describe the statutory remedy available to a member of a company who complains that the affairs of the company are being conducted or the directors powers are being exercised in a manner which is oppressive to him.