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law
| Question | Answer |
|---|---|
| Outline how European Union law manifests within the Irish legal context. | EU law influences Irish law through EU regulations and directives. Regulations automatically apply in Ireland, while directives must be introduced into Irish law by legislation. EU law can take priority over Irish law in many areas. |
| There are two elements necessary to establish the committing of a crime. Identify them. | Actus Reus — the guilty act Mens Rea — the guilty mind or intent A person usually must both commit the act and intend it to be guilty of a crime. |
| State the correct hierarchical sequence for the Irish court system. | District Court Circuit Court High Court Court of Appeal Supreme Court Higher courts can overturn lower court decisions. |
| Irish legislation has two formats. State them. | Primary legislation — Acts of the Oireachtas Secondary legislation — Statutory Instruments Secondary legislation gives detailed rules under an Act. |
| Ireland’s climate and energy targets have legally mandated reduction targets in three areas. State the three areas. | Reduction of greenhouse gas emissions Increased renewable energy use Improved energy efficiency These targets are legally required under Irish and EU climate law. |
| What is the relevance of the CRO A1 to Irish company formation? | The A1 form is used to register a company with the Companies Registration Office (CRO). It officially creates the company as a legal entity. |
| What is the function of a company constitution? | The company constitution sets out the rules for how the company operates, including management powers and company objectives. |
| With regards to a company, who are the subscribers? | Subscribers are the first members/shareholders of a company who sign the formation documents when the company is created. |
| What is the primary distinction between a limited company and an unlimited company? | In a limited company, shareholders only lose the money they invested. In an unlimited company, owners may lose personal assets to pay company debts. |
| What is the difference between a member of a company and director of a company? | A member is an owner/shareholder of the company. A director manages and controls the company’s operations. |
| With regards to contract law, what does the term ‘consideration’ refer to? | Consideration is something of value exchanged between parties in a contract, such as money, services, or goods. |
| Outline the difference between employment and subcontracting in industry. | An employee works under the control of an employer and is usually paid through PAYE. A subcontractor is self-employed and independently carries out work under a contract. |
| With regards to insurance policies used in industry, explain what a Public Liability insurance cover refers to. | Public Liability Insurance covers claims made by third parties for injury or property damage caused by business activities. Example: A member of the public is injured on a construction site. |
| A bid has been accepted as the successful tender under a public procurement process. Provide your understanding of what that means. | A successful tender means a contractor’s bid has been accepted in the procurement process and they have been chosen to carry out the project. |
| Irish capital procurement delivery is secured using the C.W.M.F. Explain what it is. | The Capital Works Management Framework (CWMF) is the Irish government system used to manage public construction projects and contracts. It standardises procurement and contract procedures. |
| Offer an explanation of Tort law | Tort law deals with civil wrongs that cause injury, loss, or damage to another person. The usual remedy is compensation through damages. |
| In the context of damages awarded, explain the difference between liquidated and unliquidated damages. | Liquidated damages are fixed amounts agreed in advance in a contract. Unliquidated damages are decided by the court after the loss occurs. |
| Identify the difference between a plaintiff and a defendant in a civil liability action. | Plaintiff — the person bringing the legal case Defendant — the person defending the case |
| What are the five elements that are required for negligence to be established under Irish law? | Duty of care Breach of duty Causation Foreseeability Damage/loss All five must usually be proven for negligence to succeed. |
| What are the three principles on which a court will award damages for negligence? | Damages aim to compensate the injured person Damages are not intended to punish The loss must have been reasonably foreseeable |
| With regards to Irish Health and Safety legislation, what is a P.S.D.P.? | PSDP stands for Project Supervisor Design Process. They coordinate health and safety during the design stage of a project. |
| With regards to Irish Building Control legislation, explain the role of the Assigned Certifier. | The Assigned Certifier inspects construction work and certifies that the building complies with building regulations. |
| Under Irish planning law, identify the three levels within the planning hierarchy. | Local Authority An Bord Pleanála High Court (Judicial Review) |
| What volume of demolition waste requires the preparation of a Site Waste Management Plan under Irish waste management legislation? | A Site Waste Management Plan is required when demolition waste exceeds 100 m³. |
| With regards to the Irish Building Regulations, what is the focus of Technical Guidance Document (T.G.D.) B? | Technical Guidance Document Part B deals with fire safety in buildings. |
| Describe a primary source of law within the Irish legal system? | Constitution (Bunreacht na hÉireann) – highest law Legislation (Acts of the Oireachtas) – e.g. Building Control Acts Case law – decisions from courts (precedent) |
| Explain the role of the Constitution within Ireland’s legal framework. | Supreme law in Ireland Sets up government structure Protects fundamental rights Any law conflicting with it = invalid |
| Explain the distinction between civil and criminal law in Ireland, providing an example of each. | Civil: disputes between individuals (e.g. contract dispute) Criminal: offences against the state (e.g. safety breach) 👉 Key difference: Civil → compensation Criminal → punishment (fine/prison) |
| What is the primary European Union law influence on the Irish legal system? | EU law has supremacy over Irish law (in many areas) Regulations = automatic Directives = must be implemented |
| Describe how limited liability impacts construction companies and their stakeholders. | Owners only lose what they invest Protects personal assets Encourages investment |
| Which template form is required to be completed and submitted in order to register a company? | Form A1 submitted to CRO |
| What benefit do shareholders gain in choosing to engage in commercial activities as a limited company? | Limited liability Can profit via dividends Separate legal entity |
| Identify the primary difference between a limited company and an unlimited company. | Limited → liability capped Unlimited → personal assets at risk |
| Outline the role of a director within a company. | Manage company Ensure legal compliance Act in best interests of company |
| What are the three basic elements required to form a valid contract? | Offer Acceptance Consideration |
| Describe how standard forms of contracts (PWC, RIAI, NEC, etc) are used in construction projects. | Reduce disputes Clearly allocate risk Standardise terms |
| Outline the dispute resolution methodologies applied used in construction contracts. | Negotiation Mediation Conciliation Arbitration Litigation |
| Which type of insurance policy covers risks associated with the delivery of professional services. | Professional Indemnity Insurance |
| From the context of a construction contractor, what are the main differences between an employee and a subcontractor? | Employee Subcontractor Works under employer Self-employed PAYE tax Own tax Controlled work Independent |
| Provide a short explanation of Tort law. | Civil wrong causing loss or damage Leads to compensation |
| Explain the concept of ‘duty of care’ and its application to construction professionals. | Legal obligation to avoid causing harm Applies to engineers, contractors, etc. |
| Describe how negligence claims might arise in a construction setting, providing context with an example. | You must prove: Duty of care Breach Damage Example: Poor design → building defect → financial loss |
| Explain how vicarious liability applies to employers within the construction industry. | Employer responsible for employee actions If worker causes harm → company liable |
| With regards to a claim for damages under tort law, who is the plaintiff? | Person bringing the case |
| Explain how the Irish building control legislation duty holder, the Assigned Certifier, performs their role within the construction industry. | Ensures building complies with regulations Inspects works Signs off completion |
| Which Technical Guidance Document (T.G.D.) refers to fire safety? | TGD Part B |
| There are two project duty holders within the construction health & safety regulations. Identify them. | PSDP (Project Supervisor Design Process) PSCS (Project Supervisor Construction Stage) |
| Under Irish planning law, what is the highest level of appeal within the planning system? | An Bord Pleanála = highest appeal body |
| What volume of construction demolition waste requires the preparation of a Site Waste Management Plan under Irish waste management legislation? | 100 m³ → Site Waste Management Plan required |
Created by:
19hwoods