22 Questions
What are the elements required for a legally valid contract?
Offer, acceptance, agreement, consideration, legality of form, consent to contract, capacity to contract, legality of purpose, intention to contract, conditions and warranties
What are the possible reasons for termination of a legal contract?
Frustration, performance, agreement, breach
What are the remedies for breach of a legal contract?
Specific performance, financial compensation, rescinding the contract
What are the potential causes of industrial disputes?
Pay, working conditions, redundancy, technology, union recognition, unfair dismissal, discrimination
Name some non-legislative solutions to industrial disputes.
Personal approach, negotiation, conciliation, arbitration
What does the Industrial Relations Act 1990 (INDRA 1990) define?
Trade disputes, secret ballots, picketing rules, types of legal industrial action
List some legal industrial actions as per INDRA 1990.
Official strikes, work-to-rule, overtime bans, token stoppages, go-slows
What does the Unfair Dismissals Act 1977-2015 (UDA 1977-2015) outline?
Definitions of unfair dismissal, fair dismissal grounds, steps for dismissal, unfair dismissal redress
What are the grounds for fair dismissal under UDA 1977-2015?
Capability, qualifications, misconduct, redundancies, legal reasons
What are the dismissal procedures under UDA 1977-2015?
Warnings, investigations, right to be accompanied
Define constructive dismissal and explain the burden of proof on the employee.
Constructive dismissal occurs when the working conditions of an employee are made so difficult or intolerable that the employee has no option but to resign. The burden of proof is on the employee to prove they were unfairly dismissed.
What are the eight grounds for deeming dismissals unfair according to the text?
The eight grounds are referred to by the acronym PATTER UP, which stands for Punitive, Arbitrary, Tainted by unfairness, Trickery, Equality, Redundancy, Unreasonable, and Procedurally unfair.
Under the Employment Equality Act 1998-2015, what are the nine grounds for discrimination?
The nine grounds are gender, civil status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community.
What does the Workplace Relations Commission (WRC) investigate and what services does it offer?
The WRC investigates complaints related to the Employment Equality Act 1998-2015 and offers advisory, conciliation, mediation, adjudication, and inspection services.
Explain the small claims procedure and its application.
The small claims procedure involves a €25 fee and is applicable to claims up to €2,000, handled under the local district court. It applies to consumer disputes with businesses and aims to provide an informal resolution without the need for a solicitor.
What is the role of the Ombudsman in resolving consumer complaints?
The Ombudsman investigates consumer complaints against public bodies, providing an independent and impartial avenue for redress. The complaints must be made within 12 months and should exhaust all other methods first.
What are the functions of the Competition and Consumer Protection Commission (CCPC)?
The functions include informing the consumer, enforcing consumer law, conducting research into consumer issues, enforcing competition law, advising the government, and assessing mergers.
According to the Sale of Goods and Supply of Services Act 1980, what are the provisions for goods and services?
The provisions for goods include merchantable quality, conformity to sample, fitness for purpose, and as described in advertisement. The provisions for services include qualifications of the provider and due care in delivery.
Explain the guarantees provided under the Sale of Goods and Supply of Services Act 1980.
Guarantees provide additional protection to the consumer on top of legal rights, without affecting statutory rights. The retailer is responsible for fulfilling these guarantees.
What are the prohibited practices under the Consumer Protection Act 2007 (CPA 2007)?
The prohibited practices include no cold calling, pyramid schemes, free prizes when it costs, false claims, competitions where prize isn't available, and payment for unsolicited goods.
What are the pricing rules outlined in the Consumer Protection Act 2007 (CPA 2007)?
The pricing rules require clear and accurate pricing, inclusive of fees/taxes/charges, display and promotion rules.
Explain the role and mandate of the CCPC in Ireland.
The CCPC is a statutory body with a dual mandate responsible for enforcing consumer protection and competition law in Ireland. It has various functions including informing the consumer, enforcing laws, conducting research, and advising the government.
Study Notes
Key Terms and Legal Framework in Business
- Stakeholders include entrepreneurs, investors, employers, employees, managers, producers, suppliers, service providers, consumers, government, and interest groups.
- Relationships between stakeholders can be competitive or cooperative, with different benefits and goals.
- A legally valid contract requires elements such as offer, acceptance, agreement, consideration, legality of form, consent to contract, capacity to contract, legality of purpose, intention to contract, and conditions and warranties.
- Termination of a legal contract can occur due to frustration, performance, agreement, or breach.
- Remedies for breach of a legal contract include specific performance, financial compensation, and rescinding the contract.
- Industrial disputes can arise from pay, working conditions, redundancy, technology, union recognition, unfair dismissal, and discrimination.
- Non-legislative solutions to industrial disputes include personal approach, negotiation, conciliation, and arbitration.
- The Industrial Relations Act 1990 (INDRA 1990) defines trade disputes, secret ballots, picketing rules, and types of industrial action that are legal.
- Legal industrial actions include official strikes, work-to-rule, overtime bans, token stoppages, and go-slows.
- The Unfair Dismissals Act 1977-2015 (UDA 1977-2015) outlines definitions of unfair dismissal, fair dismissal grounds, steps for dismissal, and unfair dismissal redress.
- Fair dismissal can be based on capability, qualifications, misconduct, redundancies, and legal reasons.
- Dismissal procedures under UDA 1977-2015 include warnings, investigations, and the right to be accompanied.
Test your knowledge of key terms and legal framework in business with this quiz. Explore concepts such as stakeholders, legal contracts, termination, remedies for breach, industrial disputes, and the legislative framework surrounding industrial actions and unfair dismissals. Brush up on important business law concepts and enhance your understanding of the legal aspects of business operations.
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