-
Avoiding liability 02/01/2007 The Star
Reliance on the exemption
clause is said to be unfair because it allows liability to be denied even
though the other party is clearly otherwise in breach, writes BHAG SINGH.
-
Value
time
09/01/2007 The Star
Some are called Acts, while others are called “regulations”. The words
such as “enactments,” “ordinances” and “codes” are also used.
-
The laws of the
land
23/01/2007 The Star
Whether what is provided for is legally binding or only a guide will depend
on the contents, the objective and who formulated it.
-
Buyer, beware
30/01/2007 The Star
When a contract is entered into, it becomes binding despite its
perceived unfairness. One should, therefore, know what obligations one
is assuming.
-
The laws of
the land
23/01/2007 The Star
We should be mindful of
wasting other people’s time as it is such an invaluble asset. As an example,
the law of limitation creates a time bar in relation to a person’s right to
institute and commence legal proceedings.
-
Void contracts 06/02/2007 The Star
THERE are many instances where two parties to a transaction have had
one, or both of them, confer some benefit on the other.
-
Executing a will
13/02/2007 The Star
The inheritance of property becomes an issue once the owner has passed
on.
-
Recovering loans
27/02/2007 The Star
The act of loaning money can become a contentious issue when it comes
to trying to recover the money lent.
-
The
appeal
06/03/2007 The Star
What happens when you are unhappy with a court’s decision?
-
See you in
court
20/03/2007 The Star
Be mindful of the costs involved before instituting action against
another party.
-
Sign with
care
17/04/2007 The Star
A person who puts his signature to a document is bound by its terms,
regardless of whether he understands its contents.
-
Engaging an agent
24/04/2007 The Star
Before signing any agreement, ensure the document specifies the extent
of an agent’s representation.
-
Resorting to mediation
01/05/2007 The Star
Mediation is an ideal way to resolve disputes.
-
Void contracts
08/05/2007 The Star
When a contract becomes void, can one claim the money that has been
paid to the other party?
-
Where’s the money?
15/05/2007 The Star
Money which is due to one person cannot be paid to another. Explicit
consent, whether in writing or otherwise, is required.
-
Land matters
22/05/2007 The Star
A LEADING national newspaper highlighted the plight of a person who
had toiled on a plot of land for 10 years whilst trying to get the
land title.
-
Control of proceedings
05/06/2007 The Star
The presiding judge decides how a trial will be conducted. The only
thing a litigant can expect is justice.
-
Onus is on the borrower
12/06/2007 The Star
When steps are taken to auction off a borrower’s property, he should
participate in the foreclosure process to ensure that the best price
is obtained.
-
Intention discounted
19/06/2007 The Star
When a published statement damages a person’s reputation, it does not
matter what the intention of the writer is.
-
Breach of ethics
26/06/2007 The Star
When a breach of ethics has taken place, we need to take a look at the
root cause to address the problem.
-
Is there a contract?
03/07/2007 The Star
When an unconscious person is taken to the emergency section of a
hospital and left there, is he liable to pay for treatment in such
circumstances?
-
Defining contempt
24/07/2007 The Star
THE court is a place where offenders are tried for offences alleged to
be committed by them. In other cases where there is a dispute, it is the
court that the antagonists go to to have their dispute adjudicated upon.
-
Early possession is risky
07/08/2007 The Star
Early occupation of a house – that is, before the buyer has fully settled
the balance of the purchase price – can be disadvantageous if the deal goes
sour.
-
A
time to act 09/10/2007 The Star
The law of limitations provides a time frame for seeking relief through the
courts. LEGAL words and phrases have defined meanings which can be found in
a legal dictionary. A reader who looked up a dictionary found a listing with
regards to limitations, as follows:
-
House or money? 02/10/2007 The Star
A contract should clearly
specify the consequences and options that are available to all the
parties in case of breach.
THE purchase of a house invariably involves a large sum of money and
is ordinarily preceded by a Sale and Purchase agreement which
describes the property to be purchased and the price agreed upon.
Apart from that it will also stipulate the manner in which the
transaction is to be carried out.
-
Delayed completion 23/10/2007 The Star
A person who buys a house from a housing developer is not bound to
wait indefinitely for it to be completed. THE purchase of property
invariably, on most occasions, involves a developer and a buyer. The
individual buyer is, in the ordinary course of events, in a
comparatively weak bargaining position when dealing with a developer.
This is so because for the individual buyer, it may be a one-off
transaction, but for the developer, it is all in the course of
business.
-
Expectations not met 13/11/2007 The Star
When a housing project is delayed, is the house buyer spared the
demands of the financial institution for loan repayments? RECENTLY I
wrote about the rights of a buyer to withdraw from the transaction for
the purchase of a property when the developer fails to complete the
building by the agreed date.
-
Errant contractor
06/11/2007 The Star
What recourse does a house owner have when a renovation job goes awry?
A READER wrote in to ask: “What action can we take if the contractor
we hire to renovate the house does not complete the job but has been
paid in full and other contractors had to be called to complete the
job, incurring additional expenses?
-
Whose agent? 27/11/2007 The Star
ON many occasions, a person or an entity that carries on a business
may hold itself out as an agent, or even a sole agent or exclusive
agent of another. Sometimes this is done to associate oneself with a
well-known brand or a much sought after service or product.
-
Contents matter 11/12/2007
The Star
In a transaction, the contents of the document establishes the rights
and obligations of both parties. A CAPTION entitled “Be careful when
signing agreement” caught a reader’s attention. The article goes on to
say that a person intending to buy or rent a house must make sure that
a lawyer is present when signing the agreement.
