Formation and interpretation

This subtopic provides an overview of contract formation and interpretation in Ireland and draws comparisons with various other jurisdictions across the world. This subtopic covers initial contract considerations, essential components of contracts, exclusion and limitation of liability and the distinction between express and implied terms.

1. •

   Practice Note: Ireland—Contracts—formation and interpretation provides an overview of the essential components required to create a valid and enforceable contract: offer, acceptance, and consideration. This Practice Note defines each of these concepts in turn, identifies the conditions which must be satisfied for them to be deemed valid, and discusses their operation in various legal contexts. Subsequently, this Practice Note identifies which contractual relationships give rise to an assumption of an intention to create legal relations, and further, which categories of persons lack the requisite capacity to enter binding legal relations. Finally, this Practice Note considers the general principles of contract interpretation which apply in Ireland

2. •

   Practice Note: Ireland—Exclusion and limitation of liability provides guidance on the common law and statutory controls affecting exclusion and limitation of liability clauses (also known as limitation of liability clauses, limitation clauses, exclusion of liability clauses,