This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...

What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...

Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as...

This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...

Noted animal law expert Michael Kaiser discusses the histories and methodologies of the Earth Liberation Front and the Animal Liberation Front. The paper also discusses the pros and cons of extra-legal activism. The author, Michael Kaiser, is president of the Kaiser Legal Group. His involvement...

The issue of Adventitious Presence (AP) of genes, those that are not “naturally” present in food and crops but rather have been placed there using recombinant deoxyribonucleic acid (DNA) technology, has become a hot issue for producers and consumers. It can also be a major problem for...

Health and financial decision-making literatures have chronicled how people’s numerical abilities affect their decisions. Until now, however, there has been no empirical study of whether numeracy — or people’s ability to understand and use numbers — also interacts with legal decision...

The Patient Protection and Affordable Care Act (PPACA) intends to take American health care in a new direction by focusing on preventive medicine and wellness-based treatment. But, in doing so, it does not adequately take into account the potential contribution of complementary and alternative...