News

  • Nation
  • World Updates
  • Courts
  • Parliament
  • Columnists
  • Opinion

Articles Of Law

Tuesday, February 09, 2010

Roof over your head

An elderly parent needs to consider various issues before transferring his only house to his child.

February 2, 2010

Words in context

Where the characteristics of a race are defined by law, a different approach may be required.

January 26, 2010

Shelter poser

When a parent transfers a house to his child, it does not automatically give the former a right to stay on, on an unlimited basis.

January 19, 2010

Going by the law

Courts exist to address grievances and provide remedies. If it is the law which is inadequate, it is the law which ought to be made complete, instead of avoiding the courts.

January 12, 2010

Courts for children

The Child Act 2001 strikes a balance in protecting the interest of the child and the community at large.

January 5, 2010

Time is valuable

We could do well to respect other people’s time as it is such a precious resource.

December 29, 2009

Costly cards

Credit card holders need to examine their obligations closely if they do not wish to feel cheated.

December 22, 2009

Rushing justice

The speedy clearing of backlog of judicial cases has been lauded – and criticised.

December 15, 2009

Being reasonable

On what constitutes the average person and the quality of being reasonable.

December 8, 2009

Room for error

There can be unfairness arising out of some court decisions.

December 1, 2009

Credit worthiness

When a name appears on the Central Credit Reference Information System, it is no indication of a person’s financial state.

November 24, 2009

Right to claim

Every individual who is involved in an accident is entitled to compensation if the accident is caused by the negligence of another.

November 17, 2009

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.

November 10, 2009

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.

November 3, 2009

Sub-contracting jobs

There is nothing wrong with sub-contracting, but it must be for a legitimate purpose.

October 27, 2009

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.

October 20, 2009

Estate administrator

Who has the right to administer the estate of a deceased?

October 13, 2009

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.

October 6, 2009

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.

September 29, 2009

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.

September 22, 2009

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.

September 15, 2009

Guaranteed returns

Assurances of guaranteed returns on a property offered for sale, does not create any rights that can be enforced.

September 8, 2009

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.

September 1, 2009

Justice for whom?

What is just to one may not be just to another.

August 25, 2009

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.

August 18, 2009

Of justice and fairness

There is need for a more equitable approach when dealing with squatters.

August 11, 2009

Mere declaration

An announcement of an auction creates no rights by itself.

August 4, 2009

Vague words

If parties have already agreed to the terms and conditions of a transaction, this is all that needs to be documented.

July 28, 2009

Public policy in contracts

What would or would not constitute public policy is a complex matter.

July 21, 2009

Legal obligation

Do consider the risk of being saddled with obligations and responsibilities before you allow your name to be used in a transaction.

July 14, 2009

Real-life justice

What the layman perceives to be fair and what is legally correct can sometimes be two different things.