Terry What is the liability, if any, of vendors, builders, or lessors of defective premises? Let’s take a look. Contract-liability of vendor and lessor Caveat emptor is the contractual rule that prevails. Caveat emptor means “buyer beware”, therefore if you are a buyer you need to carry out your own enquiries and inspections, for neither the … Read more
If you want to hold someone liable in negligence that person must owe you a duty of care. Not everybody owes you a duty of care, though. In fact, it has been stated that you can be as negligent as you like towards the whole world if you do not owe them a duty of … Read more
If you bring an action for negligence in Ireland, you must prove the defendant was negligent. The standard of proof is on the balance of probabilities, which is the standard of proof in civil law cases. (The standard of proof in criminal cases is beyond a reasonable doubt). Essentially, you must establish facts from … Read more
Are you facing a Court fine? Has a fine been imposed already? Many offences on the statute books carry a fine and/or prison as the penalty on conviction. For example, take the offence of careless driving. The offence is now set out in the Road Traffic (No. 2) Act, 2011: Careless driving. 52.— (1) A … Read more
In 2010 Donal Kinsella, a businessman, was awarded €10 m in the High Court in a defamation action against his employer. Kenmare Resources. We all have a constitutional right to our good name, and protection against defamatory statements being published about us. The principal piece of legislation in Ireland dealing with defamation is the Defamation … Read more