Lawyers Specialized in Contract Law in Ireland
Contract Law in IrelandUpdated on Friday 14th December 2018
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The Contract Law in Ireland defines the legal framework that regulates the manner in which contracts and various types of agreements are drafted and signed in this country. All contracts should contain compulsory provisions referring to the parties who will sign the document, the object of the contract, the obligations and rights of the parties involved, the terms in which such an agreement can end, the period in which the document is available and many others.
When drafting a contract in this country it is important to receive assistance from our team of lawyers in Ireland, who can offer legal advice on the provisions which should be included in the document, in accordance with its destination. Our team of lawyers specialized in contract law in Ireland can assist with in-depth information concerning any compulsory provisions of an agreement, in accordance with the type of document that needs to be drafted.
What are the main types of Irish contracts?
The legislation regulating contracts in Ireland provides the framework applicable to most of the agreements signed here, regardless of their destination. An important aspect of any contract is that the document won’t become enforceable unless the parties agree on its provisions and that they intend to sign the document.
The contract legislation prescribes several main types of agreements, as follows: commercial agreements, signed with the purpose of establishing a commercial relationship between two parties, and employment contracts, signed between the employer and the employee. Our team of Irish lawyers can offer legal representation for those who are interested in signing a type of agreement that falls under these categories.
When referring to the employment contracts, they can be signed for a fixed-term period - which signifies that the relation between the two parties will end at the date on which they both agreed, or open-ended contracts, in which the employer did not specify a date when the contract will end. However, it is important to know that in Ireland most of the employees work on an open-ended contract; our law firm in Ireland can provide more details on this matter.
What are the key aspects of an Irish contract?
Any contract signed in Ireland must include a set of provisions, such as the ones presented above. Some of the most important parts of a contract refer to the offer, which is an intention expressed by the person who initiated the contract that will be accepted by the other party; our team of lawyers specialized in contract law in Ireland can offer more information on the compsulory provisions that should be included in an Irish contract.
The acceptance of the offer will express the fact that the contract will become binding. In any type of contract, the persons or legal entities involved will have the capacity to enter into an agreement, as stated by the local legislation. However, there are few situations in which a contract can’t become legally binding, based on the lack of capacity of a party. This can happen if one of the persons is a minor or if one of the parties lacks mental sanity. Other relevant matters concerning an Irish contract are the following:
- • according to the Irish legislation, the offer is generally seen as a legally binding situation, as long as the offer was clearly stated;
- • parties entering a contract in Ireland can also include a clause of invitation to treat, which is a similar provision with the offer, with the difference that the person who has made the proposal will need to provide further confirmation;
- • in practice, the acceptance of the offer included in an Irish contract is considered legally binding when the party that needs to accept the offer informs the party who has made the offer that the conditions of the agreement were approved;
- • contracts signed with minors can be recognized by the Irish legislation as long as they are signed for apprenticeships or education matters, but employment contracts are also available;
- • employment contracts signed with minors can only be recognized as long as the minors have the minimum age requested by the law regarding the employment of underage persons.
Does Ireland provide any requirements for business to business contracts?
Yes, Ireland provides a set of legal requirements for business-to-business contracts (contracts that are signed between legal entities registered here or elsewhere). As a general rule, Ireland does not obligate business entities to sign a contract in a certain national language (Ireland has two official languages, English and Irish), but most of the contracts are signed in English.
It is important to know that in Ireland, business-to-business (B2B) contracts can also be concluded through electronic means and the parties entering this type of agreement are free to establish the terms and the conditions regarding the object of the contract, as long as such aspects are in the limits of the Irish legislation.
Since most of the B2B contracts signed in Ireland are related to the delivery of goods or services, there are specific provisions that have to be included when drafting the document. For example, a B2B contract that has the main object the sale of services must contain a set of compulsory provisions, which can be presented by our lawyers specialized in contract law in Ireland; some important aspects are presented below:
- • the supplier has the necessary expertise on the supply of the respective service;
- • the respective service will be delivered with the necessary skills and diligence;
- • in the situation in which the supplier must also provide certain materials, such products have to be proper to use for their designated purpose;
- • the liabilities imposed to the supplier, provided that the delivered services will not meet the matters stated in the contract, for the period in which the document is available.
What are the legal requirements for Irish employment contracts signed with minors?
Companies in Ireland need to hire employees in order to develop their business activities. In Ireland, just like in other European countries, minors of certain age groups can be hired in specific employment conditions. Irish companies that are interested in hiring minors have to respect the regulations prescribed by the Protection of Young Persons (Employment) Act 1996. This document provides a clear framework for the manner in which minors can work in this country and our team of lawyers in Ireland can advise on its regulations.
It is important to know that children in Ireland can get hired once they have the minimum age of 14 years old, but this can only be achieved as long as they can benefit from the necessary conditions that will not risk their personal development, education, health and safety. They may only enter light work activities or in cultural activities that are licensed by the Ministry for Business, Enterprise and Innovation.
Persons who have an age below 16 years (and above 14) can only enter part-time contracts; full-time contracts can be signed by minors who have an age above 16 years, but special conditions apply in this case as well. For example, this category of persons (referred to as young people) is allowed to enter work activities that are developed between 6 a.m. to maximum 10 p.m., but certain exceptions do apply and more details regarding this matter can be offered by our lawyers specialized in contract law in Ireland.
Businessmen interested in signing a contract in Ireland can receive legal assistance or legal representation from our Irish law firm. Our law firm in Ireland has an extensive experience in providing legal advice on a wide category of contracts and can provide professional consultancy services on any inquiry of a local or foreign person.