Suchergebnisse

peer-reviewed ; A globally used industry-standard contract proved to be of great use in teaching a few aspects of law and putting a few others in context. The practical exercise of analysing the provisions of an actual contract facilitated active learning. The use of contract provisions to manage risk and the use of standardised contracts to reduce legal costs and achieve efficiencies also emerged. Students learned about different aspects of law and the legislative process, as well as seeing how national legislation can come into being and how it can support, or fail to support, a particular business sector.

peer-reviewed ; In the harsh economic conditions which prevail, increases in bad debts and difficulties in securing payment are common experiences for many. Financial difficulties resulting in poor payment conditions can affect any of your clients. Many legislative measures have been enacted which seek to prevent the "phoenix syndrome" but restriction and disqualification orders do not ensure your client is paid. Another phenomenon is the "scorched earth" problem identified by the McDowell Report1, where the extent of insolvency is such that the appointment of a liquidator is highly unlikely for monetary reasons, but remedies are nonetheless required. So the provisions of, inter alia, section 251 of the Companies Act, 1990 (CA,1990) are worthy of recall. ; ACCEPTED ; peer-reviewed

non- peer-reviewed ; There are many possible reasons for controlling market power. While in the United States the efficiency argument appears to have prevailed1, in the EU Treaty motivations such as political freedom are seen side by side with consumer welfare. Whatever the objective being pursued, it is undeniable that the laws of most industrialised jurisdictions seek, if not to constrain market power, to prohibit abuse or exploitation thereof. This article analyses, in particular, the EU approach to market power, the evolution of the assessment of market power and the levels thereof which cause the authorities to analyse the effects of a firm's behaviour. Measurement of market power has been undergoing some changes in the EU and these are reviewed.2 The measurement of market power by the US authorities is also considered and compared to the approaches taken by the EU authorities. ; ACCEPTED ; not peer reviewed

peer-reviewed ; When extending the bailout facility availed of by Ireland , the IMF, ECB and Commission of the EU ("the troika") insisted that a number of measures be taken in respect of the Irish economy. While many of these related to reducing the costs of the public sector and the reduction of the country's social welfare costs, some related directly to Irish competition law. ; ACCEPTED ; peer reviewed

A globally used industry-standard contract proved to be of great use in teaching a few aspects of law and putting a few others in context. The practical exercise of analysing the provisions of an actual contract facilitated active learning. The use of contract provisions to manage risk and the use of standardised contracts to reduce legal costs and achieve efficiencies also emerged. Students learned about different aspects of law and the legislative process, as well as seeing how national legislation can come into being and how it can support, or fail to support, a particular business sector.

peer-reviewed ; This paper shows that the traditional equitable doctrine, which protected the rights of a prepaid buyer of future or unascertained goods, was wrongly perceived as being overruled by the judgment of a single Court of Appeal judge. What followed, however, was considerable judicial reluctance by English courts to remedy this error. The article examines various legislative and judicial approaches from major common law jurisdictions around the world that purport to lessen the potential for injustice created by this judicial caution. Yet despite legislative intervention in England to provide limited remedies, there has been a marked reluctance elsewhere to produce the necessary radical reform suggested by the Law Reform Commission of Ontario. The position in Ireland is examined and the authors note that the time may be ripe for a reconsideration of the current statutory provisions in that jurisdiction. ; PUBLISHED ; peer-reviewed