6. Civil Liability (Contract and Tort) and Dispute Resolution
Updated to 3 September 2024 (Act No. 30 of 2024 and S.I. No. of 442 of 2024)
► 6.1. General Principles of Civil Liability
► 6.2. Civil Liability: Contract
Justice |
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7 Will. 3, c. 12 |
Justice |
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9 Geo. 4, c. 14 |
Justice |
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37 & 38 Vict., c. 62 |
Enterprise |
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56 & 57 Vict., c. 71 |
Enterprise |
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16/1980 |
Justice | 8/1991 | |
Enterprise 6 | 34/2013 | |
5
The 2011 Report of the Sales Law Review Group, available at www.djei.ie, recommended the repeal and replacement of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 (and related Regulations that implemented relevant EU Directives). The Scheme of a Consumer Protection Bill 2015, available at www.djei.ie, proposes to replace the 1893 and 1980 Acts (and related Regulations) insofar as they apply to contracts between businesses and individual consumers (a further Bill is planned to repeal and replace the 1893 and 1980 Acts and related Regulations insofar as they apply to such contracts made between businesses). See also Title 7.14 (Commercial Law: Sale of Goods and Supply of Services), below.
6
Ministerial responsibility was transferred from Minister for Public Expenditure and Reform to Minister for Jobs, Enterprise and Innovation by Construction Contracts (Transfer of Departmental Administration and Ministerial Functions) Order 2014 (S.I. No. 476 of 2014).
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► 6.3. Civil Liability: Tort (Non-Contractual Liability)
► 6.3.1. Animals
Justice | 11/1985 | |
► 6.3.2. Common Carriers
Transport |
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11 Geo. 4 & 1 Will. 4, c. 68 |
► 6.3.3. Defamation
Justice | 31/2009 | |
► 6.3.4. Employer’s Liability and Public Liability
Enterprise 7 | 10/2005 | |
Justice |
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38/1958 |
7
Public Exp (in part): see S.I. No. 418 of 2011.
8
For full list of Acts on this see Heading 14: Employment Law.
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► 6.3.5. Fire
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8/1943 |
► 6.3.6. Holidays
Enterprise/Transport 9 | 17/1995 | |
9
Public Exp (in part): see S.I. No. 418 of 2011 and Gaeltacht (in part): see S.I. No. 217 of 2011.
10
Enforcement through Competition and Consumer Protection Commission (CCPC) (established by Competition and Consumer Protection Act 2014), as successor to National Consumer Agency (incorporated into the CCPC by the 2014 Act). |
► 6.3.7. Hotels
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7/1963 |
► 6.3.8. Malicious Damage to Property
► 6.3.9. Occupiers’ Liability
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10/1995 |
► 6.3.10. Product Liability
Enterprise | 28/1991 | |
15
Amendments include those made by European Communities (Liability for Defective Products) Regulations 2000 (S.I. No. 401 of 2000).
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► 6.3.11. Road Traffic and Transport
Transport 16 | 24/1961 | |
16
Public Exp (in part): see S.I. No. 418 of 2011.
17
See also Heading 36: Transport.
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► 6.3.12. Sea Pollution
► 6.4. Limitation Periods
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6/1957 |
Justice |
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18/1991 |
Justice |
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13/2000 |
Justice 19 |
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27/1954 |
19
Introduced to Oireachtas by Minister for Justice in 1954.
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► 6.5. Management of Civil Claims Involving State Bodies (State Claims Agency)
► 6.6. Civil Legal Aid
► 6.7. Arbitration and Mediation
► 6.7.1. Arbitration
Justice 21 |
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1/2010 |
21
Public Exp (in part): see S.I. No. 418 of 2011.
22
This Act, s. 4 repealed Arbitration Acts 1954 to 1998, including Arbitration Act 1980 (7/1980). Without a saver provision, S.I. No. 41 of 2000 made under the 1980 Act, s. 6 appears to have ceased to be in force, and should be revoked.
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► 6.7.2. Mediation
Justice | 27/2017 | |