INTRA SEMINAR Introduction to contracts 11 March 2009 Clíona O’Sullivan.
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INTRA SEMINAR Introduction to contracts 11 March 2009 Clíona O’Sullivan
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Transcript of INTRA SEMINAR Introduction to contracts 11 March 2009 Clíona O’Sullivan.
INTRA SEMINAR
Introduction to contracts
11 March 2009
Clíona O’Sullivan
Introduction to contracts
Contracts are the scaffolding for our
dealings with others
Contracts are the scaffolding for our
dealings with others
Introduction to contracts
Introduction to contracts
Aims of Seminar
Recognising a contract
What is a contract?
A legally binding promise
What you don’t (always)need for a contract
A lawyerA lawyer
Contracts come in many guises
Components of a contract
Standard Terms
Battle of the forms
• Email 1 My standard purchase terms (Offer)
• Email 2 Your standard supply terms (Counter-offer)
• Email 3 My goods order (Acceptance)
Ubiquity Practicality Legality
Contract evolution
When things go wrong
• “RYANAIR’S one millionth customer was yesterday awarded €67,500 damages in the High Court after the budget airline reneged on its pledge to give her free flights for life.”
Irish Examiner 20.06.02
• AerLingus €5 bargain buys turn out not to be the ticket”Irish Times 18.04.08
• “Argos apologises for 49p TV error”BBC news online 1.09.05
Some practical points on contract terms
The Deal
Getting In
Getting Out
Relationship clauses
Avoiding and resolving disputes
Court –litigation
When things go wrong – rights and remedies
Interaction between laws and contracts
Interaction between laws and contracts
EXAMPLE: the Distance Selling Regulations provide rights to consumerswho purchase goods online, such as a 7 day “cooling down period” and rights to information. These rights cannot be overridden by the supplier.
