Module Specifications..
Current Academic Year 2023 - 2024
Please note that this information is subject to change.
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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. | |||||||||||||||||||||||||||||||||||||||||
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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 | |||||||||||||||||||||||||||||||||||||||||
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 |
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Indicative Content and Learning Activities
Introduction to Contract LawThis section considers the reasons why law supports the formation and regulation of contractsContract 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.ConsiderationAn offer and acceptance unsupported by consideration is unenforceable. What is valuable consideration? Principles of considerationIntention to Create Legal RelationsThis 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 ClausesThis 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.AgencyEmployment Contracts – contracts of service/contracts for services and employment rightsThis 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 – NegligenceA 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 NegligenceThe 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 LiabilityThis area is specific application of general negligence principles. Reference is also made to statutory principles and EU law.Occupiers LiabilityThe duty of care placed on occupiers of land to various categories of entrant is considered here. Both common law and statutory provisions are covered. | |||||||||||||||||||||||||||||||||||||||||
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Indicative Reading List
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Other Resources None | |||||||||||||||||||||||||||||||||||||||||
Programme or List of Programmes
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| Date of Last Revision | 27-MAR-12 | ||||||||||||||||||||||||||||||||||||||||
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