Law and Corporate Governance

Learning Outcomes Assessed:
(i) Appraise the critical differences in overseas legal systems that
govern international business operation.
(ii) Analyse the practical issues and legal principles relating to business
transactions including cross-border transactions.
Presentation: Text: Times New Roman, Font Size 12, Double Spaced, Justified Text
Headings: Times New Roman, Font Size 14, Bold
Irish Case Law
Assignment Brief:
Mary wanted to purchase a gift for her boyfriend, Tom. Mary and Tom went to Ritz Jewellery
to select the gift. Charles, the store manager, assisted them. Mary explained to Charles that
she wanted to purchase a gift for Tom, and that Tom could select whatever he wanted. Tom
chose a large gold chain costing €2,400. Mary and Ritz executed a written instalment sales
contract which identified the chain as “solid 18K gold,” stated the purchase price of €2,400
which was to be paid by Mary in twenty-four equal monthly payments, and stated that the
contract was not assignable.
Tom wore the gold chain proudly, but the relationship with Mary ended a few months later.
When the two parted, Mary made it clear that Tom could keep the gold chain. Tom
subsequently took the chain to another jeweller for cleaning and then discovered that the
chain was not solid gold after all, but rather was gold plated and the thin gold plating was
wearing off the chain. Tom decided to make a claim directly against Ritz for misrepresenting
the chain’s quality, without involving Mary. When Tom made the claim against Ritz, Ritz
informed Tom that Ritz had assigned the contract and its right to receive payments from Mary
to CreditCo, a finance company. Ritz had previously notified Mary of the assignment. Mary
had paid six of the twenty-four payments due under the instalment sales contract. However,
when Mary learned that the gold chain was not solid 18K gold as represented, she stopped
making any more payments to CreditCo. You are asked to consider the following questions:
1. Can Tom prevail in a breach of contract action against Ritz? Critically discuss using case law
to illustrate your points.
2. Is the assignment by Ritz to CreditCo effective? Critically discuss using case law to illustrate
your points.
3. Can CreditCo prevail in a breach of contract action against Mary? Critically discuss using case law to illustrate your points.
Suggested Structure for your essay:
Introduction
Main Body (Dealing with those matters identified in the problem)
Conclusion
Bibliography
Assessment Criteria:
1 Ability to analyse individual issues and split them into sections 25%
2 Demonstrate a practical approach and the application of relevant case law 30%
3 Linking issues identified with a practical solution backed up with case law. 30%
4 Evidence of additional research i.e. independent research and reading beyond the case material 15%
Suggested Resources:
Texts
Clark, R. (2016) Contract Law in Ireland 8th ed. Roundhall: Dublin.
McDermott P.A and McDermott J. (2017) Contract Law 2nd Edition Bloomsbury
Websites for caselaw
http://www.bailii.or