Table of Contents

PART 1 THE ENFORCEMENT OF CONTRACTS
Chapter 1: The Enforcement of Contracts by Specific Performance
• Introduction
• The Enforcement of Contracts by Specific Performance
• Discretionary Enforcement of Contracts
• Contracts Incapable of Enforcement by Specific Performance
• Damages In Lieu of Specific Performance
Chapter 2: The Enforcement of Testamentary and Pre-Testamentary Contracts
• Introduction
• Testamentary Contracts
• Pre-Testamentary Contracts
• Commentaries on Testamentary and Pre-Testamentary Contracts
Chapter 3: Pallant v Morgan-Type Arrangements and Equity
• Introduction
• Pallant v Morgan -Type Arrangements and Equity
• Alternative Enforcement of Pallant v Morgan –Type Arrangements by Proprietary
Estoppel or Remedial Constructive Trust
Chapter 4: The Enforcement of Collateral Contracts
• Introduction
• The Concept of a Collateral Contract
• The Enforcement of Collateral Contracts
• Procedural Fairness
Chapter 5: Estoppel Principles
• Introduction
• Principle of Promissory Estoppel
• Principle of Estoppel by Convention
PART II SETTING ASIDE CONTRACTS
Chapter 6: Doctrines of Common Mistake and Rectification
• Introduction
• Doctrines of Common Mistake
• Rectifying Mistakes
Chapter 7: The Right to Rescind
• Introduction
• The Right to Rescind
• Damages in Lieu of Rescission
• Damages for Fraudulent Misrepresentation
Chapter 8: Presumptions of Undue Influence
• Introduction
• Presumptions of Undue Influence
• Rebutting Presumptions
• Laches
• Duress
Chapter 9: The Morris and Gilligan Criteria
• Introduction
• The Morris Criteria and Principle of Non Est Factum
• The Gilligan Criteria and Improvident Transactions
PART III: THE ENFORCEMENT OF DEBTS AND GUARANTEES BY SUMMARY
JUDGMENT AND ARGUABLE DEFENCES
Chapter 10: Applications for Summary Judgment for Enforcement of Debts,
Guarantees and Account Taken
• Introduction
• Particulars of a Debt in a Summary Summons
• Applications for Summary Judgment
• Grounding and Replying Affidavits
• Applications for Account Taken
Chapter 11: Principles of Summary Judgment and Account Taken
• Introduction
• Principles of Summary Judgment
• Principles of Account Taken
Chapter 12: Arguable Defences
• Introduction
• Principles of Summary Judgment Applicable to Arguable Defences
• The Credibility of the Defence
• Issues Raised in Arguable Defences
• Cross-Claims
• Substantiating Issues at Plenary Hearing
Chapter 13: Contracts with Banks
• Introduction
• Bank and Customer Relationships
• A Bank’s Duty to Make Enquiries
• Arguable Defences by Bank Customers
• An Arguable Defence Based on the Superimposition of a Constructive Trust on a
Bank’s Duty to Enquire
PART IV: DISCOVERY OF DOCUMENTS, DELIVERY OF INTERROGATORIES,
INJUNCTIONS AND COSTS
Chapter 14: Discovery of Documents
• Introduction
• Rules and Affidavit of Discovery of Documents
• The Clarke Principles of Discovery
Chapter 15: Delivery of Interrogatories and Privileged Communications
• Introduction
• Delivery of Interrogatories
• Privileged Communications
Chapter 16: Injunctions
• Introduction
• Interlocutory and Mandatory Interlocutory Injunctions
• Adequacy of Damages
• Undertaking as to Damages
• Mareva Injunctions
Chapter 17: The Costs of Proceedings
• Introduction
• Costs of the Entire Proceedings
• Principles of Costs of Entire Proceedings
Chapter 18: The Costs of Interlocutory Applications
• Introduction
• Costs of Interlocutory Applications
• Principles of Costs of Interlocutory Applications

About the Author

Dr Albert Keating BCL, LLB, LLM, BL, DLitt, is a barrister and former Senior Lecturer in Law
at Waterford Institute of Technology. He has published several books throughout his career
including Jurisprudence now in its 3rd edition, and several works on probate, wills and
succession law, including Succession Law in Ireland (2015) and The Law of Wills, Second
Edition (2018), Wills Trusts and Equitable Property Rights (2019) all published by Clarus
Press.