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Module Specifications.

Current Academic Year 2024 - 2025

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Date posted: September 2024

Module Title Principles of Commercial Law in Ireland
Module Code LG102 (ITS) / LAW1002 (Banner)
Faculty Humanities & Social Sciences School Law & Government
Module Co-ordinatorBeatrice Monciunskaite
Module TeachersBrenda Daly, Paola Rivetti
NFQ level 6 Credit Rating 5
Pre-requisite Not Available
Co-requisite Not Available
Compatibles Not Available
Incompatibles Not Available
None
Array
Description

INACTIVE - To examine the most significant principles and rules of law that have a direct bearing on doing business in Ireland. Core aspects of contract, tort and commercial law will be covered.

Learning Outcomes

1. describe and outline the rules of law relating to contract formation and substantive terms of contracts,
2. apply the law to hypothetical factual situations and construct an effective argument
3. describe and outline the rules of tort law relating to the general tort of negligence and the specific application of that tort in key areas
4. describe and critically evaluate the role of law in identifying the contract of employment



Workload Full-time hours per semester
Type Hours Description
Lecture24Delivery and discussion of key rules and principles
Independent Study77Reading of lecture materials, case law, text books, exam revision
Assignment Completion24Research and write Up
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Introduction to Contract Law
This section considers the reasons why law supports the formation and regulation of contracts

Contract Formation - Offer and Acceptance (including electronic contracts)
The first essential element of contract formation are discussed here. What is an offer and distinguishing offers from other statements, including invitations to treat. The rules of acceptance are also covered, including the effect of the postal rule.

Consideration
An offer and acceptance unsupported by consideration is unenforceable. What is valuable consideration? Principles of consideration

Intention to Create Legal Relations
This section looks at the final elements in contract formation. It considers the category of agreements which the law assumes not to be legally enforceable because of the absence of intention to create legal relations.

Express and Implied Terms (including Sale of Goods Act and the Director of Consumer Affairs)
This section considers what the key terms of commercial contracts are, focusing, in particular, on the terms implied into contracts for the sale of goods.

Exemption Clauses
This section considers the extent to which exemption clauses can exclude a contracting party from liability for breach of contract. it deals with incorporation of the exemption clause and the construction of the exemption clause.

Agency

Employment Contracts – contracts of service/contracts for services and employment rights
This section considers a key issue in employment law, namely the distinction between work performed under a contract of service and work carried out under a contract for services. The reasons why this distinction is important are also addressed.

Introduction to Tort – Negligence
A brief overview of the law of tort is delivered prior to considering the tort of negligence. The focus is on the first two elements of the tort - the duty of care and the standard of care.

Professional Negligence
The specific application of general negligence principles to professionals is considered in this section and includes reference to doctors, accountants and solicitors. The special duty of care as outlined in Hedley Byrne is the starting point for the discussion.

Products Liability
This area is specific application of general negligence principles. Reference is also made to statutory principles and EU law.

Occupiers Liability
The duty of care placed on occupiers of land to various categories of entrant is considered here. Both common law and statutory provisions are covered.

Assessment Breakdown
Continuous Assessment30% Examination Weight70%
Course Work Breakdown
TypeDescription% of totalAssessment Date
AssignmentProblem Question30%
Reassessment Requirement Type
Resit arrangements are explained by the following categories:
Resit category 1: A resit is available for both* components of the module.
Resit category 2: No resit is available for a 100% continuous assessment module.
Resit category 3: No resit is available for the continuous assessment component where there is a continuous assessment and examination element.
* ‘Both’ is used in the context of the module having a Continuous Assessment/Examination split; where the module is 100% continuous assessment, there will also be a resit of the assessment
This module is category 1
Indicative Reading List

  • Clark: 0, Contract Law in Ireland,
  • McMahon and Binchy: 0, The Law of Torts, 4th,
  • Quill: 0, Torts Law in Ireland,
Other Resources

None

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