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    Ms. Caterina Gardiner

    Contact Details

    Title Lecturer>Bar/College Lecturer
    Address Dept. of Law
    Tower 2, Arts/Science Building
    Nui Galway
    Telephone: Ext. 3355
    Email:
    ei.yawlagiun@renidrag.aniretac

     

    My Photograph

    Biography:

    "Having always been interested in the area of commercial and consumer sales law, I have recently focused my research on e-commerce and the challenges presented by the huge growth of online retailing in recent years, especially as far as protection of the online consumer is concerned."

    Caterina Gardiner graduated in law from Trinity College Dublin in 1990. In 1994, she was admitted as a solicitor to the Law Society of Ireland and practiced as a solicitor, specialising in commercial law. In 1996, she was awarded the degree of LLM in Commercial Law from University College Dublin. She joined the School of Law in the National University of Ireland, Galway in 1996. She has lectured in many subjects including international trade law, company law, business law and commercial law. Her primary research interests are in the area of commercial and consumer contracts and commercial and consumer sales law.  She is currently director of the BCL programme in the Law School.
     

    Selected Publications

    1. Gardiner, C., ‘National Report on the Transfer of Movables in Ireland’, in Faber and Lurger, (Eds.) ‘National Reports on the Transfer of Movables in Europe’, European Legal Studies, (Sellier European Law Publishers 2009) (Chapter)
    2. The EC (Commercial Agents) Directive: Twenty Years After its Introduction, Divergent Approaches still emerge from Irish and U.K. Courts (2007) Journal of Business Law, Jun 412-441 (Article)
    3. Compensating Commercial Agents: Uncertainty Continues (2006) 13 Commercial Law Practitioner. (Article)

     

    Research Interests

    Caterina Gardiner’s main research interests are in the area of sales law, consumer law and electronic transactions.

    In November 2008, Caterina Gardiner was appointed to the Sales Law Review Group, an expert group established by the Department of Jobs, Enterprise and Innovation, to review the legislation governing the sale of goods and supply of services. The Group prepared a position paper on the draft Consumer Rights Directive which was published in April 2009.  In October 2011, the Group issued its final report, Report on the Legislation Governing the Sale of Goods and Supply of Services, a comprehensive document containing extensive recommendations for reform of consumer and commercial sales law. 

    In June, 2006, Caterina Gardiner was appointed as a member of the Graz and Salzburg working group ‘Transfer of Movables’ within the Study Group on a European Civil Code and wrote the National Report for Ireland on the Transfer of Movables. This report dealt with issues surrounding the acquisition and loss of movables including the transfer of ownership, the passing of property, agency, the consequences of insolvency of the parties, the nemo dat principle and reservation of title. The Report was published in January 2009.

    Research Projects

    Project: AUSTRIAN FUND FOR SCIENTIFIC RESEARCH C GARDINER ( RIN926)
    Role: ROLE_DESC
    Description: DESCRIPTION
    Start/End Dates: 01-JAN-06 / 26-NOV-07
     

    Book Chapters

    Gardiner, C. (2009) 'National Report on the Transfer of Movables in Ireland' In: Faber; Lurger (eds). National Reports on the Transfer of Movables in Europe. Sellier European Law Publishers. [Details]
     

    Peer Reviewed Journals

    Gardiner, C. (2007) 'The EC (Commercial Agents) Directive: Twenty Years After its Introduction, Divergent Approaches still emerge from Irish and U.K. Courts'. Journal of Business Law, :412-441. [Details]
    Gardiner, C. (2006) 'The Meaning of Negotiate under the Commercial Agents Directive. Just who is a Commercial Agent?'. Commercial Law Practitioner, 13 . [Details]
    Gardiner, C. (2006) 'Compensating Commercial Agents: Uncertainty Continues'. Commercial Law Practitioner, 13 . [Details]
    Gardiner, C. (2001) 'The State Claims Agency; a New Role for the National Treasury Management Agency'. Irish Law Times, 19 . [Details]
    Gardiner, C. (2000) 'Corporate Manslaughter'. Commercial Law Practitioner, 7 . [Details]
    Gardiner, C. (1999) 'U.S. and E.C. - Banana Split at the World Trade Organisation (WTO) - Implications for the future of Dispute Settlement at the WTO'. ILT, 17 . [Details]
    Gardiner, C. (1998) 'Trade and Environment in the GATT/WTO'. ILT, 16 (1). [Details]
       

    Published Reports

    Professor Robert Clark, Tony Burke, Caterina Gardiner, Michael Kilcoyne, Roderick Maguire, Sean Murphy, Kevin O'Higgins, Dr. Nathan Reilly, Dr. Fidelma White (2011) Report on the Legislation Governing the Sale of Goods and Supply of Services. Government Publications, Dublin. Available Online [Details]
                                                                                                         

    Non Published Reports

    Gardiner, C. (2009) Position Paper on the Proposal for a Directive of the European Parliament and of the Council on Consumer Rights . Sales Law Review Group. Non Published Reports Available Online [Details]
                             

    Annotations/Encodings

    Gardiner, C (2000) Irish Current Law Statutes Annotated, The National Treasury Management Act 2000. Annotations/Encodings [Details]
    Gardiner, C (2001) Irish Current Law Statutes Annotated, The Waste Management (Amendment) Act 2001. Annotations/Encodings [Details]
                       
             

    Conference Contributions

    Gardiner, C (2013) Cross-Border Sales: The View from Ireland. [Invited Paper], International Commercial Transactions: Sales of Goods and Cross-Border Financing, New England Law, Boston, New England Law School, Boston, U.S.A , 21-FEB-13 - 21-FEB-13.
    Caterina Gardiner (2012) Reform of Consumer Sales Law in Ireland: Modernisarion,Simplification and Integration. [Invited Paper], Re-orientating Consumer Law:Simplification, Conceptualisation and Subsidiarity. Duo-colloquium DeMontford University Leicester and University of Exeter, University of Exeter , 17-DEC-12 - 17-DEC-12.
    Caterina Gardiner (2012) The Proposed Common European Sales Law: A New Direction for European Contract Law?. [National Refereed Conference Paper], Irish Association of Law Teachers Annual Conference;Legal Scholarship and Judicial Reasoning: A Mutual Interaction, Fitzpatrick Castle Hotel Dublin , 17-NOV-12 - 17-NOV-12.

    Committees

    Committee : Examination Security Goup
               

    Other Activities

    External Examiner for Exeter University LL.M in International Commercial Law 2013 to date

    External Examiner for Griffith College in Company Law and Revenue Law from 2010 to 2013



       

    Teaching Interests

    The Law of Electronic Contracts (LL.M in Law, Technology and Governance); Company Law (B.Corp/BCL); Commercial Law (B.Corp)

         
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