Legal Environment for Irish Business

5 ECTS credits

This course is designed to provide international learners with an appreciation of similarities and differences between Irish and European law affecting the business environment, and to enhance their ability to comply with key aspects of Irish law which impact on the conducting of business in and with this country.

On successful completion of this module learners should be able to:

1. Assess the main sources of Irish and European law

2. Discuss key elements of Irish constitutional, statute and common law

3. Identify the core elements of Irish company law

4. Discuss the basis and main tenets of Irish contract law

5. Identify the main provisions of insider trading law in Ireland

6. Identify the duties associated with agency in international commerce

7. Summarise the main provisions of legislation protecting the Irish consumer

8. Identify the range of torts relevant to business organisations

Course Content:

Session 1

Sources of Irish and E.U. law: Irish Constitution; Irish statute and common law; structure of the Irish legal system; common legal terminology relevant to business

Session 2

European law: supremacy of community law; regulations, directives and decisions; development of competition law

Session 3

Irish Company Law: company formation and constitution; company management and administration with respect to directors’ duties, company secretaries and auditors; directors’ liability

Session 4

Company Liquidation: the Companies Act; voluntary liquidation; court liquidation; fraudulent and reckless trading

Session 5

Agency: duties of an agent in international commerce as it pertains to contract and partnership law

Session 6

Insider Trading Legislation: recent corporate offences and enforcement, encompassing European directives and changes to the Irish Companies Acts and Market Abuse rules; Takeover Panel Acts; penalties for insider trading

Session 7

Tort: the nature of tort; the nature of negligence; passing off and injurious falsehood in business; liabilities and remedies for tortious behaviour; measures to prevent business tort; terminology commonly used in the law of tort

Session 8

Contract Law 1: the nature and essentials of a valid contract and the importance of contractual terms and conditions

Session 9

Contract Law 2: factors influencing the enforceability and unenforceability of contracts; duress and undue influence; contractual frustration, remedies for breach of contract

Session 10

Consumer Protection: key sources of consumer protection law; development of consumer protection legislation in Ireland and Europe (common law and European); Sale of Goods Act; Supply of Services Act; liability; institutions involved in resolving disputes; consumer protection in e-commerce

Exam Preparation:

Syllabus overview, learning objectives reviewed, exam technique, study methods

Reading Lists and Other Resources

MacDonnell, V. An introduction to Business Law. Chartered Accountants Ireland, 2010

Murphy, Eavan. Business and Company Law for the Irish Student. Gill & MacMillan, 2004.

Doolin, Brian. Principles of Irish Law. 8th Ed. Gill & MacMillan, 2011