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This second edition is for lawyers whose clients have been injured by uninsured drivers. The insurance industry also would find such a book of immense to them. This is the only book on the subject in the Irish market. It provides a comprehensive guide to the law (focusing on both statutory and common law liability). Written by lawyers, it deals with new regulations and is totally up-to-date.
Your comprehensive guide to the law that has built up around the Motor Insurers' Bureau of Ireland (MIBI) Agreements. The MIBI deals primarily with compensation of victims in road traffic accidents where the drivers are untraced and uninsured. This book focusses on both statutory and common law liability, together with European law.The third edition benefits from analysis of recent key developments in the law since the previous edition, which was published in 2012, including:- The CJEU's finding of the MIBI to be an emanation of the State subsequent to Farrell v Whitty;- Mongan v Mongan and MIBI, which dealt extensively with the use of a vehicle as a weapon and whether the MIBI could be liable for assaults;- The CJEU's landmark Vnuk decision, which widened the potential liability of the MIBI to include normal use of vehicles on private property;- Smith v Meade and MIBI with its important consequences relating to insurance policies.The chapter on foreign vehicles has also been revised to reflect the post-Brexit landscape.
This second edition of The MIBI Agreements and the Law provides a comprehensive guide to the law which has built up around the Motor Insurance Bureau of Ireland Agreements (focusing on both statutory and common law liability, together with European law). Written by lawyers, it deals with new regulations and is totally up to date. The appendices have also been completely updated in this new edition. Contents includes: Introduction; The Obligation to Insure: Liability of the MIBI; Exclusion of Claims; Claiming Compensation from the MIBI: Conditions Precedent and Decisions on Claims; Suing the MIBI: Conditions Precedent and the PIAB; Property Damage; Unidentified or Untraced Owner or User; The 1% Rule; Mandates and Recovery Rights of the MIBI; Parties to Actions affecting the MIBI and Satisfaction of Judgments; Costs where Claimant must bring Two Actions; The MIBI: An Emanation of the State; Visiting Motorists in Ireland and Irish Motorists Abroad.
Road traffic offences are those which are connected with the ownership, driving or control of mechanically-propelled vehicles in public places, including drunken, dangerous and careless driving. Over 90% of prosecutions in the District Courts are road related. 1961-2017 Road Traffic Legislation sets out annotated road traffic legislation from 1961 to 2017 and covers all relevant case law and Statutory Instruments, which makes it an ideal book for solicitors, barristers and Gardaí. This new edition includes reference to litigation on intoxicants, dangerous driving, careless driving and drug driving along with many other areas of Road Traffic Law. This title covers both practice and procedure and each section is annotated fully and cross referenced. The layout is user-friendly and where relevant makes reference to earlier volumes. This is crucial as road traffic law is a vital part of many smaller solicitors' firms' daily work and this title provides them with annotated legislation in an area rife with difficulty as the legislation is piecemeal and often contradictory. Many Statutory Instruments and Acts are created in this area: some enacted in full, others not. This book updates the practitioner on this thorny area of law and points them to relevant case law where necessary.
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Ireland covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
It is widely accepted that the future development of environmental law depends not on further legislation, but on more effective enforcement. Within the EC legal system, the conventional view is that the enforcement deficit is due to the fact that the environment is distinct from other fields of Community law. EC environmental law normally does not confer rights on individuals and may therefore not be judicially enforced in the same manner as rules concerning the internal market, competition and gender discrimination. The Enforcement of EC Environmental Law explores and challenges this assumption. Drawing from constitutional aspects of EC law, the author examines to what extent the general case law on procedures and remedies may be transposed to the field of environment, whilst at the same time taking stock of the existing environmental case law and the distinctive features of environmental legislation. In a critical exposition and assessment of 50 years of jurisprudence by the European Court of Justice as well as recent legislative developments, the author explores the potential of enforcement of environmental law through law suits by individuals as well as the European Commission. By demonstrating that the environment is not so different from other fields of law in terms of rights and remedies, the book provides not only new insights to the enforcement of EC environmental law but also to the central characteristics of Community constitutional law.
This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.
The tenth edition of this well established work offers a concise outline of the scope and workings of the Motor Insurers' Bureau. It explains the extent of the Bureau's liability and the procedure for recovering compensation for victims of accidents involving "e;hit and run"e; and uninsured drivers.This new edition has been extensively updated, offering practical coverage of: The Uninsured Drivers' Agreement (including the 2008 Supplementary Uninsured Agreement)The Untraced Drivers' Agreement (including the 2008 and 2011 Supplementary Uninsured Agreements)cases involving the Bureau including Byrneimplementation of the Fifth EC Motor Directive.The book includes the full text of the two agreements governing the Motor Insurers' Bureau's activities - the Uninsured Drivers' Agreement and the Untraced Drivers' Agreement - as well as the forms required to pursue such claims.