Recording dissemination images   In Von Hannover v Germany involved proceedings by Princess Caroline of Monaco. She claimed proceedings in Germany inadequately protected her against the publication of private photographs. The court stated. “the Court reiterates the concept of private life extends to aspects relating to personal identity such as o the person’s name or a person’s picture. Furthermore, […] The post Personal Privacy appeared first on Irish Legal Guide ..read more

Personality and identity.   Article 8 issues have sometimes arisen in the context of adopted or fostered children seeking to know the identity of their birth parents. Adoption systems usually provide for high levels of confidentiality.   In Odievre v France the natural mother had requested that her identity not be disclosed. French law did not allow a mechanism for […] The post Personal Identity appeared first on Irish Legal Guide ..read more

Family life article 8   The European Court of Human Rights has developed and expanded on the meaning of the protection of family, life the home and correspondence in various contexts. In Niemietz v Germany the court indicated that it was “neither possible nor necessary to attempt an exhaustive definition of the notion of family life. However, it would be […] The post Surveillance & Data appeared first on Irish Legal Guide ..read more

Family life article 8   The European Court of Human Rights has developed and expanded on the meaning of the protection of family, life the home and correspondence in various contexts. In Niemietz v Germany the court indicated that it was “neither possible nor necessary to attempt an exhaustive definition of the notion of family life. However, it would be […] The post The Home appeared first on Irish Legal Guide ..read more

Illegal Contracts The general position is that the law enforces agreements, which have been freely entered. It does usually not regulate the terms and conditions of agreements. Some agreements are not enforceable because they promote an illegal purpose, contemplate or involve unlawful performance or because they are deemed to be against public policy. Contracts which are unlawful by statute are […] The post General appeared first on Irish Legal Guide ..read more

Categories Some contracts are not enforced because they involve the commission of an illegal act or because they are to be undertaken in an illegal manner. Agreements to a commit a crime or civil wrong are void. An agreement to undertake a crime or indeed certain civil wrongs, constitutes the criminal offence of conspiracy. The courts will not enforce a […] The post Illegal Contracts appeared first on Irish Legal Guide ..read more

Consequences of Illegality, The general principle is that the courts will not enforce an ilegal contract.  This principle applies with even greater force where the party who seeks the court’s assistance is implicated in or has participated in the illegality. Where both parties are equally at fault, the contract will not be enforced.  No order will be made for return […] The post Illegality Effect appeared first on Irish Legal Guide ..read more

Purpose of the 2022 Act The purpose of this Consumer Rights Act 2022 is to consolidate and update the legislative provisions that regulate the main types of consumer contract. It also gives effect to Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, Directive (EU) 2019/771 on […] The post Consumer Sale Contracts appeared first on Irish Legal Guide ..read more

Remedy for failure to supply Where a trader fails to supply the digital content or digital service and if they then fail to comply with a consumer’s request to do so without undue delay or within such agreed additional period, the consumer will have the right to terminate the contract. The consumer has the right […] The post Digital Consumer Remedies appeared first on Irish Legal Guide ..read more

Purpose of the 2022 Act The purpose of this Consumer Rights Act 2022 is to consolidate and update the legislative provisions that regulate the main types of consumer contract. It also gives effect to Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, Directive (EU) 2019/771 on […] The post Consumer Sale of Goods appeared first on Irish Legal Guide ..read more