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This book deals with the Irish development of the equitable doctrine of specific performance, with particular focus on: the nature of specific performance * the contractual context of the remedy * defenses to the action and discretionary reasons for refusal of relief * statue of frauds and subject to contract * part performance * contracts for interests in land * specific performance of contracts with other subject matters * other remedies similar to specific performance * specific performance and third parties * damages and money claims * procedure.
Contract Law, Second Edition is a comprehensive and informative account of Irish contract law which contains all of the developments since the first edition was published in 2001. Building on the original material of the first edition, this edition contains two new chapters which examine the topics of: - How to successfully make contracts - Remedies other than damages, namely specific performance, injunctions and restitution The law relating to contracts is set out and explained under clear headings and in straightforward language. In addition, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies. This edition also includes a large number of new cases from the High Court, Court of Appeal and Supreme Court on every area. This title was written by a practitioner who is also an academic, the book sets out the principles and case law in a clear and structured manner with easy to use headings and an easy to navigate format. The information is both of an academic interest and with serious practical relevance. Practitioners, students and anyone who has to deal with contracts in the course of their work will benefit from this most welcome new edition.
The edition has been substantially re-structured, with much re-writing, to reflect major changes in law and practice since the last edition. There has been much revision of the text to reflect changes in practice resulting from the pre-contract deduction and investigation of title system introduced by the Law Society's Conditions of Sale 2019 Edition and Requisitions on Title (2019 Edition). The book explains the changes resulting from key legislation like the Land and Conveyancing Law Reform Act 2009 and Property Services (Regulation ) Act 2011. The book further incorporates the substantial case law since the last edition in which the text is frequently cited as authoritative.
The third edition of this well-established legal text provides a comprehensive treatment and analysis of the area of equity and trusts. Set out in a user-friendly fashion that is easy to navigate, the book traces the development through history of the law of equity, the law of trusts, and equitable remedies. This updated and expanded new edition provides an insight into recent developments in relation to both trusts and equitable remedies. New important case law in the area such as Stanley v Kieran [2012] IESC 19, Greene v Coady [2014] IEHC 38 and Ulster Bank v Roche [2012] 1 IR 765 are fully explored. There are essential updates in the areas of wills and probate, including a look at constructive trusts and Cawley & Anor v Lillis [2011] IECH 515, as well as updates in relation to proprietary estoppel claims and the three recent High Court decisions in this area. Of particular interest to both academics and practitioners is the section on injunctions due to the many areas of law involved, including asylum, commercial and industrial relations. While the audience for this title will be largely academic, in particular law students, there is also a wealth of information which practitioners will find beneficial.
Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
This fourth edition comprehensively deals with all aspects of landlord and tenant law, both commercial and residential. It provides essential guidance for all practitioners who advise on this area of law. The book covers everything from the basics (such as explaining the nature of the relationship between landlord and tenant) to more complex matters such as when disputes arise, and the controversial subjects of rent reviews and guarantees. In this new edition the following is covered in detail for the first time: LEGISLATION Residential Tenancies (Amendment) Act 2015 Planning and Development (Housing) and Residential Tenancies Act 2016 Landlord and Tenant (Ground Rents) (Amendment) Act 2019 Housing (Standards for Rented Houses) Regulations 2017 COURT PROCEDURE Circuit Court Rules (Jurisdiction) 2017 District Court (Residential Tenancies) Rules 2018 District Court (Enforcement of Orders) Rules 2020 The fourth edition also analyses recent cases on many aspects of the law, including agreements for leases, notices to quit, application of European Convention on Human Rights, operation of Residential Tenancies Acts, forfeiture, repairing obligations, construction of leases, set-off against rent, new tenancy rights, Keep Open clauses, user covenants and restraint of trade, role and jurisdiction of experts, tenant insolvency and examinership, turnover rents, surrender by operation of law, ejectment proceedings, renunciations, quiet enjoyment and derogation from grant, Circuit Court jurisdiction, acquisition of the freehold and withholding consent to assignment. Wylie on Irish Landlord and Tenant Law has long been recognised as the definitive work on this area of law. This title is included in Bloomsbury Professional's Irish Property Law online service.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.