1. Explain the structure and jurisdiction of the Courts System in Ireland. In your answer, you should also explain the appellate role of each court. You may use a diagram to illustrate your answer.
2. When a person initiates legal action he does so with a view to the law providing him with a remedy to right the civil wrong he perceives has been done to him. Briefly set out two equitable remedies available in the Irish courts.
Harley Transport DAC has a contract with “Comps-R-Us” which started on July 21, 2018, and ends on July 20, 2020. The contract is for the transportation of laptops produced by “Comps-R-US” in Galway to a warehouse just outside of Paris. The contract is silent with respect to how the goods are to be transported. It simply states that they must arrive at the Paris warehouse within 48 hours of being collected from the Galway production facility of “Comps-R-US”.
Harley Transport DAC has been a reliable carrier since the original contract began, always meeting this deadline. Their traditional approach has been to transport the 4 laptops by ferry directly from Ireland to France and then by road to Paris. However, around July of 2018, Harley Transport unofficially became aware that the company operating the Ireland-France ferry was experiencing financial difficulties on this route meaning that it might not be possible to transport the laptops by ferry as the service would cease.
Instead, they would have to travel through the UK and then to Paris by way of the Channel Tunnel. The impact of this would be to make it virtually impossible to meet the 48-hour deadline. More importantly, the cost of doing this would entirely negate any profit on the contract, and in fact, Harley Transport would end up making a significant loss.
Advise Harley Transport as to whether there would be sufficient grounds for treating the contract as frustrated in the event that the ferry company no longer operates the Ireland-France route from June 2019.
Answer all parts
1. Mary saw a coat displayed on a clothes rail in a shop which was priced €10. She recognized it as being exceptionally good value, so she picked up the coat and presented it to the cashier with a €10 note in order to purchase it. The cashier told Mary that a mistake had been made and that the price should read €100. Is Mary entitled to the coat for €10? Advise her as to her legal position in this situation.
2. William, a farmer, is considering emigrating. He offers to sell his livestock to Harry for €100,000. Harry replies that he would be prepared to pay €80,000. William says ‘no’, that he is only prepared to sell the livestock for €100,000. Harry considers his position for a time and then comes back to William and agrees to buy the livestock for €100,000-as William had originally offered. William, however, has changed his mind and has decided not to emigrate after all. Can Harry compel William to sell the livestock to him?
3. The publishers of an English newspaper offered a free accident insurance scheme to its registered readers. All the reader had to do was fill in a short form and enclose two coupons that were printed in the paper. Mary registered with a newsagent, duly filled in the form, and posted it back along with the coupons. Sadly Mary was killed by a bus and her husband claimed the sum payable under the insurance scheme.
The publishers of the newspaper claim that there was no enforceable contract between it and Mary on the grounds that there was no acceptance of its offer because Mary had never notified the Company that she accepted its offer. Will Mary’s husband be successful in his claim?