In the six years since the last edition, contract law has been the subject of a large number of legislative changes. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 enacted a number of legislative changes to the rules of evidence and brought about the introduction of new mechanisms to admit commercial documents in evidence, enhancing the rather unsatisfactory and uncertain laws on bankers’ books evidence. Similarly, the Consumer Insurance Contracts Act 2019 brings about legislative reform of consumer insurance contract law, rebalancing the rules on warranties and the duty of disclosure, as well as a number of rules of pleading that were too favourable to the insurer. In addition, the 2019 Act introduces a range of provisions that allow claimants to step into the shoes of an insolvent or uncontactable insured so as to be able to make a claim on the policy.
Further, two important Bills are at a very advanced stage. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 will allow the 2015 Act to become fully effective. The protection of vulnerable persons is in need of extensive reform in Ireland and Chapter 16 takes account of these and other developments, including case law from both Irish jurisdictions. The Consumer Rights Bill 2022 is a landmark Bill that will radically change the consumer protection landscape, particularly on implied terms. The Bill is cross-referred to throughout the new text.
There has been an explosion in the volume of relevant lrish case law, due in the Republic, in the main, to the successful establishment of the Court of Appeal. There has been a significant increase in complex commercial litigation in Northern Ireland, attested to, for example, by the Peninsular v Dunnes litigation that went all the way to the UK Supreme Court. This Northern Irish case law is fully covered. Case law from other common law jurisdictions can also be found in this book.
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