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  • Modern Irish Commercial and Consumer Law
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Modern Irish Commercial and Consumer Law


Brings together the separate areas of law, including general contract law, specific types of trading contracts such as sale of goods, consumer protection legislation, the law of personal property and consumer credit law

  • Published: July 2004
  • Edition: 1st
  • Format: Paperback
  • ISBN: 978 0 85308 935 3
  • Authors/Editors: Henry Ellis
  • Category: Irish Law
Paperback i

Book printed softcover

Commercial and consumer law in Ireland consists of several separate, but inter-related areas of law, including general contract law, specific types of trading contracts such as sale of goods, consumer protection legislation, the law of personal property and consumer credit law.

Modern Irish Commercial and Consumer Law is the only book available that brings together these separate strands of law to show how they work as a whole. In over 40 chapters, Professor Ellis provides a comprehensive work which covers:
  • The different types of personal property which can be bought and sold, ranging from obvious tangible items like goods, to intangibles such as ‘contractual receivables' and ‘image rights'
  • The reason why the use of exclusion clauses developed, and the judicial and legislative responses to them
  • The distinctions between ownership and possession, and between assignability and negotiability
  • The relationship between credit and security
  • The privity of contract rule and third party rights; agency, negotiable instruments and regulation of intermediaries are dealt with in this context
Professor Ellis uniquely restates commercial law in the context of modern business practice, providing a thoroughly revised explanation of the subject which is both authoritative and accessible. An invaluable resource for all commercial lawyers and professionals working in commerce, as well as those studying for such positions.

Entering into Commercial and Consumer Contracts

  • Essential Legal Components of Commercial and Consumer Contracts
  • Defective Contracts and Pre-contractual Misrepresentations
  • Statutory Control of Marketing, Advertising and Sales Promotion Practices
  • Effects of Mistake, Duress, Undue Influence and Unconscionable Bargaining on Consensus
  • Electronic Transactions and Distance Selling

Contract Terms and Exclusion Clauses

  • Laissez Faire and Standard Form Contracts
  • Judicial Protection against Exclusion Clauses

Statutory Protection of Consumers Against Exclusion Clauses and unfair Noncore Terms

  • Statutory Protection of Consumers Against Exclusion Clauses
  • Protecting Consumers against Unfair Contract Terms and Discrimination

Discharging Contractual Obligations and Remedies for Breach

  • Performance of Contractual Obligations
  • Other Methods of Discharging Contracts
  • Remedies for Breach of Contract

The Law Relating to Ownership of Goods

  • Property, Ownership and the Sale of Goods
  • Transfer of Title by Non-Owners - Further Exceptions to the Nemo Dat Rule
  • The Time when Ownership of, and Risk in Goods, is Transferred

Contracts Transferring Ownership of Goods

  • The Contract of Sale of Goods and Implied Terms
  • Delivery of, and Acceptance and Payment for, the Goods
  • The Unpaid Seller's Rights Against the Goods and Remedies for Breach of Contract
  • The Remedies Available to the Buyer
  • International Sales and Auctions
  • Credit Sales

Bailment and Contracts Transferring Possession of Goods

  • Bailment
  • Hire Purchase Contracts
  • Consumer Hire Agreements (Leasing)
  • Pawn And Pawnbrokers

Consumer Contracts for Borrowing Money or Obtaining Credit

  • Regulation of Consumer Credit Contract Terms Generally
  • Moneylenders and Moneylending Contracts
  • Housing Loans for Consumers

Contracts Obtaining Independent Financial Security or Protection

  • Security, Suretyship and Insurable Interest
  • Indemnity, Subrogation, Contribution and Insurance Contracts
  • Duty of Disclosure, Insurance Contracts and Consumer Protection
  • Insurance Contract Terms, the 1995 Regulations, and Breaches of Conditions

Collateral Security for Loans, Credit and Receivables Financing

  • Using (Ownership or) Possession of Goods as Collateral Security
  • Using Possession of Negotiable Contract Documents as Security
  • Mortgages and Charges
  • Receivables Financing and Assignment of Nonnegotiable Contract Rights

Contractual Interests and Third Party Rights

  • Further Avoidance of the Privity Rule
  • The Common Law of Agency
  • Commercial Agents and Other Marketing Arrangements
  • Protecting Third Parties Against Unfair Selling Practices by Certain Intermediaries

The Law Relating to Negotiable Instruments

  • Bills of Exchange and Promissory Notes
  • Cheques, Bankers and Banking Instruments

Intellectual and Other Nondocumentary (pure) Intangible Property

  • Pure Intangible Property Generally
  • Intellectual Property, Registered Trade Marks and Industrial Designs
  • Patents and Copyright

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