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Info on validity of contract clauses

  • 27-05-2008 9:31am
    #1
    Stealdo
    Registered Users Posts: 670 ✭✭✭


    Would anyone have a decent (publicly accessible) online resource where I could find out some info on the validity of clauses within a contract and the contract itself in the instance that it contains invalid clauses.

    The specific areas I am looking for would be

    the validity of a contract that has not been read by one party (even though they have had reasonable time and opportunity to do so).
    the validity in contract law of clauses in a contact not physically signed, but partially agreed verbally (i.e. some clauses were discussed & agreed, others were not but were included in the unsigned written contract)
    the validity of such a contract following a breach by one party of one of the terms of the contract

    many thanks


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    I'm not sure about online resources. I think your best bet would be legal textbooks. Try a library.


  • #3
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    By way of general principle...
    Stealdo wrote: »
    the validity of a contract that has not been read by one party (even though they have had reasonable time and opportunity to do so).

    If the acceptance of the contract was valid, offering the defence of not reading it later on will not work. The contract remains valid unless the party could prove e.g. duress.
    Stealdo wrote: »
    the validity in contract law of clauses in a contact not physically signed, but partially agreed verbally (i.e. some clauses were discussed & agreed, others were not but were included in the unsigned written contract)

    This again goes back to validity of acceptance - a question of fact i.e. did a total unequivocal acceptance of the contract take place?
    Stealdo wrote: »
    the validity of such a contract following a breach by one party of one of the terms of the contract

    Assuming there was a valid acceptance of the contract, a breach will not go to invalidate the contract. The breaching party could be sued for specific performance.


  • #4
    anonimouse
    Registered Users Posts: 25 ✭anonimouse


    As far as I am aware there aren't any online resources that you could use to assess your current situation. Contract law has some firm rules but there are so many ifs, buts and maybes that I would recommend seeking legal advice. If you can't afford this your local citizens information centre may help or Free Legal Advice Centre may be able to help (www.flac.ie). Failing this you could check if your local library has a contract law book that you could refer to.

    The advice that you have received already on this thread is essentially sound but depending on the circumstances could be circumvented, hence the need for further advice.


  • #5
    Stealdo
    Registered Users Posts: 670 ✭✭✭Stealdo


    Thanks for the info folks - much appreciated, and nice to find one of these forums where first time posters are shown a bit of respect.


  • #6
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Look at Contract law book on contracts of adhesion or what are called standard form contracts.

    Look at 1997 unfair terms in contracts regulations if its a consumer contract

    For case law, look at thornton v. Shoe Lane parking which is the seminal case on the topic by Lord Denning, its reported online here:

    http://www.bailii.org/ew/cases/EWCA/Civ/1970/2.html


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