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Conor Mooney - PhD viva

18.05.2015

“The Removal of the Consideration Requirement, and the Consequent Clarification on Duress, for Verbal Modifications to Irish Construction Contracts”Conor Mooney

Recommended for the award of PhD by external examiners Professor Roger Flanagan, University of Reading and Dr Hamish Lal, Jones Day. Supervised by Raymond Friel of the Law School, Conor’s thesis argues that construction contracts are by their very nature uncertain in terms of performance due to factors outside the knowledge of the contracting parties and that as a result variations of the original contract agreement should not require the presence of consideration. However Conor then goes on to argue that such a change would require refining our understanding of duress in contract law to counter any potential abuse of contractual arrangements by unscrupulous parties. He recommends several legislative changes that should be considered.