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Ms. Caterina Gardiner


Contact Details

Lecturer Bar/College Lecturer
Dept. of Law
Tower 2, Arts/Science Building
NUI Galway

T: Ext. 3355
E: caterina.gardiner@nuigalway.ie
 
researcher

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. The Proposed Common European Sales Law: A New Direction for European Contract Law? (2013) 36 Dublin University Law Journal 183 (Article)
  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.  She has also worked in the field of International sales law and the Vienna Convention on the International Sale of Goods.
 
 July 2012: Invited Member of the Advisory Committee on Consumer Legislation established by the Department of Jobs, Enterprise and Innovation to advise on consumer legislation.

November 2008 - October 2011:  Academic Member of 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. 

June, 2006: Appointed 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 Start Date End Date
AUSTRIAN FUND FOR SCIENTIFIC RESEARCH C GARDINER 01-JAN-06 26-NOV-07

Peer Reviewed Journals

  Year Publication
(2015) 'Scheme of Consumer Rights Bill 2015: Paving the Way for Digital Consumers Part 1'
Gardiner, Caterina (2015) 'Scheme of Consumer Rights Bill 2015: Paving the Way for Digital Consumers Part 1'. The Commercial Law Practitioner, 22 (10):243-248 [Details]
(2015) 'Scheme of Consumer Rights Bill 2015: Paving the Way for Digital Consumers Part 2'
Gardiner, Caterina (2015) 'Scheme of Consumer Rights Bill 2015: Paving the Way for Digital Consumers Part 2'. The Commercial Law Practitioner, 22 (9):222-227 [Details]
(2013) 'The Proposed Common European Sales Law: A New Direction for European Contract Law?'
Gardiner, C (2013) 'The Proposed Common European Sales Law: A New Direction for European Contract Law?'. Dublin University Law Journal, 36 :183-216 [Details]
(2007) 'The EC (Commercial Agents) Directive: Twenty Years After its Introduction, Divergent Approaches still emerge from Irish and U.K. Courts'
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]
(2006) 'The Meaning of Negotiate under the Commercial Agents Directive. Just who is a Commercial Agent?'
Gardiner, C. (2006) 'The Meaning of Negotiate under the Commercial Agents Directive. Just who is a Commercial Agent?'. Commercial Law Practitioner, 13 [Details]
(2006) 'Compensating Commercial Agents: Uncertainty Continues'
Gardiner, C. (2006) 'Compensating Commercial Agents: Uncertainty Continues'. Commercial Law Practitioner, 13 [Details]
(2001) 'The State Claims Agency; a New Role for the National Treasury Management Agency'
Gardiner, C. (2001) 'The State Claims Agency; a New Role for the National Treasury Management Agency'. Irish Law Times, 19 [Details]
(2000) 'Corporate Manslaughter'
Gardiner, C. (2000) 'Corporate Manslaughter'. Commercial Law Practitioner, 7 [Details]
(1999) 'U.S. and E.C. - Banana Split at the World Trade Organisation (WTO) - Implications for the future of Dispute Settlement at the WTO'
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]
(1998) 'Trade and Environment in the GATT/WTO'
Gardiner, C. (1998) 'Trade and Environment in the GATT/WTO'. ILT, 16 (1) [Details]

Book Chapters

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

Published Reports

  Year Publication
(2011) Report on the Legislation Governing the Sale of Goods and Supply of Services.
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. [Details]

Conference Contributions

  Year Publication
(2017) Irish Association of Law Teachers Annual Conference 2017,
Gardiner, C (2017) Hyperlinks, Scroll-boxes and Hidden Terms: The Transparency Principle of the Unfair Terms in Consumer Contracts Directive and Online Consumer Contracts. [Conference Paper], Irish Association of Law Teachers Annual Conference 2017, Dunboyne Castle, Co. Meath , 25-NOV-17 - 26-NOV-17. [Details]
(2015) Irish Association of Law Teachers Annual Conference 2015,
Gardiner, Caterina (2015) On the Horizon: New Rights and Remedies for Digital Consumers. [Conference Paper], Irish Association of Law Teachers Annual Conference 2015, Salthill Hotel Galway , 28-NOV-15 - 28-NOV-15. [Details]
(2013) ABA Section of International Law 2013 Fall Meeting,
Caterina Gardiner (2013) Opting into the UN Convention on Contracts for the International Sale of Goods. [Invited Paper], ABA Section of International Law 2013 Fall Meeting, London , 16-OCT-13 - 17-OCT-13. [Details]
(2013) International Commercial Transactions: Sales of Goods and Cross-Border Financing, New England Law, Boston,
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. [Details]
(2012) Re-orientating Consumer Law:Simplification, Conceptualisation and Subsidiarity. Duo-colloquium DeMontford University Leicester and University of Exeter,
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. [Details]
(2012) Irish Association of Law Teachers Annual Conference;Legal Scholarship and Judicial Reasoning: A Mutual Interaction,
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. [Details]

Annotations/Encodings

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

Non Published Reports

  Year Publication
(2009) Position Paper on the Proposal for a Directive of the European Parliament and of the Council on Consumer Rights . Sales Law Review Group.
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 [Details]

Professional Associations

  Association Function From / To
Irish Association of Law Teachers Member /

Committees

  Committee Function From / To
Advisory Committee on Consumer Legislation Invited Member 11-JUL-12 /
Examination Security Goup /

Other Activities

  Description

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

Commercial Law
Company Law 
Consumer Law and Policy