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Looking for cases for an essay

  • 17-11-2010 3:44pm
    #1
    mstq
    Registered Users Posts: 106 ✭✭


    Hi

    I'm writing my essay about consideration & offer and I struggle with finding irish cases.

    Main I would be looking for would be definition of an offer (invitation to treat) and advertisement. Something that would allow me nicely to prove that Irish courts adopted what was held in eg. Harvey v Facey [1893] AC 552.
    Also, something about adverts them self - that advert in a newspaper is mostly being just an invitation as stated in Partridge v Crittenden [1968] 2 AII ER 421.

    Is there anything from irish courts on the exception for adverts? (Carlill v Carbolic Smoke Ball [1893] 1 QB 256 ).

    Also, if you fellas could give me a hand on consideration. In my essay I have I would have Roscorla v Thomas [1842] 3 QB 234, Re McArdle [1951] Ch 669 and Pao On v Lau Yiu Long [1980] AC 614. From Irish cases I would only have Provincial Bank of Ireland v Florence Donnell (1932) 67 ILTR 142.

    I tried to look around westlaw.ie, Justis and couple others, but haven't found anything good to prove that Irish courts have adopted view presented in those cases (or that they didn't :P )

    Any advice?


Comments

  • #2
    BWairsoft
    Closed Accounts Posts: 51 ✭✭BWairsoft


    Hi, If you havent found anything on Justis and Westlaw its likely there isnt many relevant irish cases. I did contract law last year and only studied the cases you mentioned, we were not given anything really in the way of Irish cases for invitation to treat etc.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,493 ✭✭✭✭Victor


    mstq wrote: »
    advert in a newspaper is mostly being just an invitation as stated in Partridge v Crittenden [1968] 2 AII ER 421.
    Isn't the phrase "Invition to treat"?

    You need not use a lot of Irish cases. The objective is to use good cases. Good cases are not necessarily decided on where they come from (it may affect their relevancy).


  • #4
    mstq
    Registered Users Posts: 106 ✭✭mstq


    Victor wrote: »
    Isn't the phrase "Invition to treat"?

    You need not use a lot of Irish cases. The objective is to use good cases. Good cases are not necessarily decided on where they come from (it may affect their relevancy).

    It is "invitation to treat" and i looked that phrase up and nothing suitable came up.

    I was looking for something from irish courts as cases I have are mostly from british / english courts, meaning they do not have to be obeyed by irish courts - they are only "persuative. In my essay question, I'm supposed to advice someone on their legal situtation and difference between irish corts adopting doctrines from british / english courts would be wording - "they will" instead of "they might". And it's really better to have a one "to-point" case from irish court (not to mention if it would be from high court or supere court :d ) rather than dozen from britian.


  • #5
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    mstq wrote: »
    Hi


    I tried to look around westlaw.ie, Justis and couple others, but haven't found anything good to prove that Irish courts have adopted view presented in those cases (or that they didn't :P )

    Any advice?

    You should try and improve your search skills. Harvey v Facey is mentioned and clearly approved in

    THE MINISTER FOR INDUSTRY AND COMMERCE , Appellant v. PIM BROTHERS LIMITED, Respondents.
    [1966] 154 1 I.R.

    which I found after a 1 minute search in Justis.


  • #6
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    Little research tip, other than using how to properly use Justis as Jo King has, is to put the name of the case into a search on Lexis, Westlaw etc and then ignore the actual case and just focus on the other cases which will have mentioned it and popped up in the search results.

    On Lexis this is best achieved by sticking the case name into the general terms window rather than the parties window obviously.


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