Articles Of Law
Marital break-ups
The continuation of a marriage cannot be imposed on a party that wishes to opt out. However, the children will have to be provided for and the matrimonial assets divided.
Above board
Societies as a rule cannot be engaged in business directly. However, there is nothing improper if they set up companies with nominees appointed to hold the shares.
Sub-contracting jobs
There is nothing wrong with sub-contracting, but it must be for a legitimate purpose.
Choosing law and courts
A right to resort to court exists. However parties may choose the law to be applied and the tribunal as well as its allocation event within a different jurisdiction.
Estate administrator
Who has the right to administer the estate of a deceased?
Family business
Members of a family helping in the business may inherit it when the family head dies but, without an agreement, there may be no legal rights to ownership.
Intents and purposes
The Contracts Act 1950 does not expressly refer to an intention to create legal relations. However, the doctrine or principle is very much part of our domestic law.
Sealing an agreement
Though the word ‘sealed’ is used in many documents, a seal is not always required. Its use merely indicates an intention to affirm the transaction.
A time for reflection
The festive season provides an opportunity to reflect on inter-racial and inter-religious harmony in the country. Acts that accelerate polarisation need to be effectively checked.
Guaranteed returns
Assurances of guaranteed returns on a property offered for sale, does not create any rights that can be enforced.
Selling of property
When a landed property carries the joint names of husband and wife, there is no unilateral right on the husband’s part to sell it without his wife’s consent.
Justice for whom?
What is just to one may not be just to another.
Quitting your job
Where an employees is engaged for a fixed term, refusal to continue does not always bring the contract to an end. The employee may leave but other obligations remain.
Of justice and fairness
There is need for a more equitable approach when dealing with squatters.
Mere declaration
An announcement of an auction creates no rights by itself.
Vague words
If parties have already agreed to the terms and conditions of a transaction, this is all that needs to be documented.
Public policy in contracts
What would or would not constitute public policy is a complex matter.
Legal obligation
Do consider the risk of being saddled with obligations and responsibilities before you allow your name to be used in a transaction.
Real-life justice
What the layman perceives to be fair and what is legally correct can sometimes be two different things.
Club dues default
If a member has agreed that club bills will be paid without demand before a stipulated date, then there is a default if payment is not made.
Right to administer
The court has wide discretion in appointing an administrator for the estate of a deceased person.
Wrongful act
If unruly characters are allowed to obstruct legitimate discussions, it could signal a disturbing trend.
Breaking the contract
Repudiation is a breach by one party which can bring the contract to an end if the other party agrees.
Collapsing structures
When structures collapse or become unusable, there is usually a host of issues involved. Identifying the cause or the person responsible is not that easy.
Debt collection
The existence of an arbitration clause does not prevent the court from entertaining a claim before it.
Career move
The law provides for security of tenure but when it comes to fixed-term contracts, there may be limitations.
Protection needed
Once a suspect is in police custody, the responsibility of protecting him falls on the shoulders of the police.
Sued for a loan
There must be a legitimate legal defence if repayment of a debt is to be avoided or a lesser sum paid.
Being your own lawyer
In court, one can always represent oneself. Beware, however, that it could be an uneven playing field.
To sue or not to sue
It is best to seek advice on whether a claim should be challenged before pursuing litigation.
Get togethers
Organised committees are regulated by the law or the participants themselves.
Prompt action needed
Procedural rules allow judgment to be entered in default in civil claims where the defendant fails to respond to a court summons.
Defend yourself
A bogus claim must be challenged and not ignored. Failure to do so may result in serious disadvantage to the aggrieved party.
Disturbing the peace
A look at the scope and application of the law of sedition.
Too sick to work
When an employee faces health problems, how long can he be away from work without losing his job?
Qualified privilege
Officers of law enforcement agencies enjoy protection in making statements on related matters, but such statements must be made in good faith.
Constitution is the basis
Decisions made by a committee, without regard for the Constitution, are open to challenge.
Voting by proxy
A look at the role and limitations of a proxy.
Breach of trust
The claim to personal privacy is a cherished ideal. However, it is not always guaranteed, especially when public figures are involved.
Pre-signed and undated
The validity of a document depends on whether it was executed freely or vitiated by fraud, duress or other such elements.
Obligation of the carrier
When a flight is cancelled, it is the responsibility of the airline to allow the passenger to return on the first available opportunity. It would be unethical to impose a surcharge under such circumstances.
Licensing restrictions
Decisions must not be arbitrary and the absence of clear guidelines gives rise to unfairness.
Force majeure
The clause force majeure does not always discharge parties of their responsibilities.
Costly litigation
Litigation should be pursued based on careful consideration of legal principles and available evidence, or one might end up being burdened with costs.
Screening of offences
AS we embark upon yet another year and look forward to new hopes and fresh challenges, each of us will continue to confront a variety of problems and situations. Some of these situations will invariably arise out of circumstances where resort to the law is necessary.
Enforcing the law
When laws are enforced without a proper appreciation of their purpose, the resulting resentment is understandable.
Double standards
Some people can make statements that are offensive, and get away with it. Does this mean that there are different laws for different people?
Will insurance help?
It is important to know the extent of insurance coverage.
Remedies and reliefs
There is much to consider in the pursuit of relief or remedy for a civil wrong.
Binding clauses
When a pre-agreed method for inspection of goods is provided for, this must be honoured.
Long process
When filing a claim against a debtor, there are time-consuming procedures to be followed before the court can arrive at a decision.
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