Contract Disputes

Contract Disputes refer to legal disagreements that arise when one or more parties involved in a contract believe that the terms and conditions of the agreement have been breached or misinterpreted, leading to conflicts over the fulfillment, enforcement, or interpretation of the contract.

What constitutes a breach of contract?

A breach of contract occurs when one party fails to fulfill their obligations as outlined in the contract, whether by not performing on time, not performing in accordance with the terms, or not performing at all.

How can a contract dispute be resolved without going to court?

Contract disputes can be resolved through alternative dispute resolution methods such as negotiation, mediation, or arbitration, where the parties work together to reach a mutually acceptable solution.

What are the potential remedies for a breach of contract?

Remedies for a breach of contract can include damages (compensatory, punitive, nominal, or liquidated), specific performance (ordering the breaching party to fulfill their obligations), or cancellation and restitution (terminating the contract and returning any exchanged benefits).

How does the court determine if a contract term is ambiguous?

Courts determine if a contract term is ambiguous by examining whether the language is unclear or can reasonably be interpreted in more than one way. If ambiguity is found, the court may consider extrinsic evidence to interpret the term.

What is the difference between a material and a minor breach of contract?

A material breach is a significant failure that affects the essence of the contract and substantially impairs its value, allowing the non-breaching party to seek significant remedies. A minor breach, or partial breach, involves a less critical failure that does not substantially harm the overall contract performance, typically resulting in limited remedies.

Can a verbal agreement be considered a valid contract?

Yes, verbal agreements can be considered valid contracts if they meet the essential elements of a contract (offer, acceptance, consideration, and mutual intent to be bound). However, proving the terms of a verbal agreement can be challenging, and some types of contracts must be in writing to be enforceable under the Statute of Frauds.

Leaving Cert 2020 – The Legal Fall-Out Continues ..

In the last few weeks, we have seen the Courts issue two significant judgements in relation to discrete issues that arose from the controversial calculated grades system that was applied to the beleaguered Leaving Cert class of 2020.

High Court Rules Against Student Who Challenged Amended Leaving Certificate Grading System

After a protracted case that involved 5 weeks of Court time over a two-month period, Freddy Sherry, a past pupil of Belvedere College Dublin has lost his High Court legal action to have the revised Calculated Grades system that was applied to his Leaving Certificate results of 2020 deemed unlawful.

Brian Gill on Today FM: What Will Record High Leaving Cert Results Mean For Course Points?

This year's Leaving Cert students have received the best results on record, with average grade inflation of 4.4% after the calculated grading system was used.

Leaving Cert 2020: The Leaving Cert …. but not as we know it

For the first time in the history of the State, students did not sit their Leaving Cert in June in the traditional format. Instead a new system of “calculated grades” was devised.