Paper 2 - Law of Contract and Law of Tort

This paper will comprise a four hour examination during which candidates will be requested to answer two out of four questions from Section A (Contract) and two out of four from Section B (Tort).

Section A - contract

  1. Principles surrounding the formation of a contract namely offer, acceptance, consideration, intention to create legal relations and capacity.
  2. Exemption clauses;
  3. Illegality - voidable, void and unenforceable contracts;
  4. Privity of contract (and exceptions thereto), Assignment;
  5. Mistake, misrepresentation, duress, undue influence and other vitiating factors;
  6. Discharge, frustration;
  7. Quasi-Contract;
  8. Breach and remedies;
  9. Consumer Protection.

Permitted legislation

Candidates may bring the following unmarked statutes into the examination:

  • Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 (in full or part thereof, either separately or a consolidated version)
  • The Consumer Rights Act 2022 (in full or part thereof)

Recommended reading

Clark, Contract Law in Ireland 9th Ed, (2022) Round Hall

Clark & Clarke, Contract, Cases and Materials, 4th Ed., (2008), Gill & Macmillan

Friel, The Law of Contract, 2nd Ed., (2000), Round Hall Sweet & Maxwell

Supplemental reading

Articles on contract published in the Irish journals especially The Irish Jurist (old and new series), The Irish Law Times, The Dublin University Law Journal, The Commercial Law Practitioner and The Gazette of the Law Society of Ireland should be consulted by candidates.

Section B - Law of Tort

Candidates are required to have a sound knowledge and understanding of the principles of Tort. They are expected to have a comprehensive and detailed knowledge of the law relating to the following matters:-

  1. The nature and function of the Law of Tort
  2. Causation (both factual and legal). Remoteness of damage: Novus Actus Interveniens and recklessness. The direct consequence and reasonable forseeability rules.
  3. Concurrent wrongdoers, joint and several tortfeasors.
  4. Negligence, including:-
    1. The duty and standard of care;
    2. Proof of negligence;
    3. Affirmative duties;
    4. Physical and economic loss;
    5. Nervous shock;
    6. Professional negligence;
    7. Negligence on the roads:
    8. Negligent care of children.
    9. Product liability.
  5. Occupiers’ liability.
  6. Employers’ liability.
  7. Public Authorities.
  8. Liability of Vendors, Lessors, Builders and Public Authorities for quality and Fitness of purpose.
  9. Liability of the State.
  10. Vicarious Liability.
  11. Trespass to the person and trespass to land.
  12. Statutory Duties and Rights.
  13. Defamation.
  14. Nuisance (both public and private).
  15. The Rule in Rylands v. Fletcher.
  16. Liability for injuries caused by animals.
  17. Liability for fire.
  18. Passing Off
  19. Fatal Injuries and Survival of Actions on Death.
  20. Damages.
  21. Defences (contributory negligence, assumption of risk, and illegality.
  22. Limitation of actions; accrual of causes of action; multiplicity of actions; Survival of causes of action.

Candidates will be expected to be familiar and to demonstrate familiarity, with the underlying statutory foundation to each ingredient of the prescribed syllabus in cases where such statutory foundations exist. Candidates must also demonstrate familiarity with appropriate case law.

Recommended reading

  • Mcmahon & Binchy, Casebook on the Irish Law of Torts, 3rd, (2005), Tottel.
  • Mcmahon & Binchy, Irish Law of Torts, 4th, (2013), Bloomsbury.
  • Quill, Torts in Ireland, 4th, (2014), Gill & Macmillan.

Supplemental reading

  • LRC Consultation Paper on Limitation of Actions (LRC CP 54 – 2009).
  • Brennan & Hennessy, Forensic Accounting, (2001), Round Hall - chapter 12.
  • Byrne, Safety, Health and Welfare at Work Law in Ireland, 2nd Ed., (2008) NIFAST.
  • Canny, Limitation of Actions, 2nd, (2016) Round Hall.
  • Carolan & O’Neill, Media Law in Ireland (2010) Bloomsbury (Chapters 6 & 7).
  • Casey, Brady, Craven & Dillon, Psychiatry and the Law, 2nd, (2010) Blackhall Publishing.
  • Cox & mccullogh, Defamation: Law and Practice (2014) Clarus Press.
  • Craven & Binchy, Civil Liability and Courts Act 2004, (2005), First Law.
  • Dorgan & mckenna, Damages (2015) Round Hall.
  • Healy, Medical Malpractice Law (2009) Round Hall.
  • Holohan & Curran, Lawyers’ Professional Negligence and Insurance, (2012) Round Hall.
  • Jennings, Scannell & Sheehan, The Law of Personal Injuries 2nd, (2016) Round Hall.
  • Kelly, Neighbours and the Law (2012) Clarus Press
  • Kerr, The Civil Liability Acts 5th , (2017) Round Hall.
  • Maher, The Law of Defamation (2011) Round Hall.
  • Shannon, Health and Safety Law and Practice 2nd Ed., (2007) Round Hall.
  • Tully, Tort Law in Ireland (2014) Clarus Press.
  • Witting, Street on Torts 15th Ed., (2018), OUP.

Candidates should consult Byrne & Binchy, Annual Review of Irish Law, (published since 1987) and the chapters on Ireland in the European Centre of Tort and Insurance Law Yearbooks (published since 2001, see www.ectil.org) for recent developments in Ireland.