Context Historically, misrepresentations of law were not “actionable” The general principle is that a person is not liable for misstatement of the law. However, the courts have draws distinctions between matters of private law and contractual matters, for which there may be liability for misrepresentation, and matters of common and statute law which were presumed […]
Deliberate Interference with Contractual Rights Generally, persons and corporates are entitled to compete in business in any way they see fit. However, certain deliberate acts may be unlawful and leave the party concerned liable to compensate a third party who has suffered economic loss as a result. It is a civil wrong to interfere, deliberately, […]
Intimidation Intimidation consists of a threat by one person to another designed to cause the second person to act or to refrain from acting in a manner in which to he was entitled, to his own detriment or to the detriment of another. A threat is an intimation that unless the latter does or does not […]
Scope of Conspiracy The scope of the tort of conspiracy in Ireland is not fully clear. At common law, an agreement or combination by two or more persons to do something, to the detriment of a third party constituted the tort of conspiracy. This is the case, notwithstanding that doing of the same act or […]
Nature of Passing Off Passing off is an interference with the claimant’s rights to his goodwill, brand, business name and reputation. Passing off may occur innocently. It does not require either actual deception or an intention to deceive. Passing off may occur where there is a misrepresentation by a business in the course of trade, […]