Murdoch's TOTW: Contract



A legally binding agreement. A SPECIALTY CONTRACT (qv) is one which is in writing and is sealed and delivered; it is also known as a deed or a contract under seal. A SIMPLE CONTRACT (qv) is one which is not under seal; all simple contracts require CONSIDERATION (qv) to support them. An implied contract arises from the assumed intention of the parties. A quasi-contractarises by operation of law, irrespective of the intention of the parties. A contract of record arises from obligations imposed by a court of record eg a recognisance.

In general, for a contract to be valid and legally enforceable, there must be (1) an offer and unqualified acceptance; (2) an intention to create legal relations; (3) consensus ad idem; (4) legality of purpose; (5) contractual capacity of the parties; (6) possibility of performance; (7) sufficient certainty of terms; (8) valuable consideration. In some cases, a contract or evidence of it must be in a prescribed form ie in writing or by deed. A contract by deed does not require consideration to support it. A valid binding agreement can be found to exist notwithstanding that the full terms of the contract are not set out precisely: Mackey v Wilde [1998 SC] 1 ILRM 449.

A contract may be enforceable by way of JUDICIAL REVIEW (qv), in which case the court will make the appropriate order unless it would be unfair to do so: Browne v Dundalk UDC [1993 HC] ILRM 328. Where a decision maker derived his power solely from a contract or agreement with a person, the decision making process falls outside the scope of judicial review: Becker v Duggan [2009] IEHC 376; [2009 HC] 4 IR 1.

See O’Keeffe v Ryanair Holdings plc [2002 HC] 3 IR 228 and [2003] 1 ILRM 14. See Law Reform Commission report Statute of Limitations: Claims in Contract and Tort in respect of Latent Damage (other than Personal Injury)LRC 64 - 2001. [Bibliography: Clark (1); Doolan (4); Fitsimons & MulcahyFrielHaighMcDermottCheshire, Fifoot & Furmston UK; Chitty UK]. See CONSUMER CONTRACTELECTRONIC CONTRACTJURISDICTIONPOST, CONTRACTS BYPROPER LAW OF A CONTRACTSTATUTE OF FRAUDSSUBJECT TO CONTRACTSUMMONS, SERVICE OUT OF JURISDICTION.



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