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Articles Of Law

Tuesday, 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.

July 7, 2009

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.

June 30, 2009

Right to administer

The court has wide discretion in appointing an administrator for the estate of a deceased person.

June 23, 2009

Wrongful act

If unruly characters are allowed to obstruct legitimate discussions, it could signal a disturbing trend.

June 16, 2009

Breaking the contract

Repudiation is a breach by one party which can bring the contract to an end if the other party agrees.

June 9, 2009

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.

June 2, 2009

Debt collection

The existence of an arbitration clause does not prevent the court from entertaining a claim before it.

May 26, 2009

Career move

The law provides for security of tenure but when it comes to fixed-term contracts, there may be limitations.

May 19, 2009

Protection needed

Once a suspect is in police custody, the responsibility of protecting him falls on the shoulders of the police.

May 12, 2009

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.

May 5, 2009

Being your own lawyer

In court, one can always represent oneself. Beware, however, that it could be an uneven playing field.

April 28, 2009

To sue or not to sue

It is best to seek advice on whether a claim should be challenged before pursuing litigation.

April 21, 2009

Get togethers

Organised committees are regulated by the law or the participants themselves.

April 14, 2009

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.

April 7, 2009

Defend yourself

A bogus claim must be challenged and not ignored. Failure to do so may result in serious disadvantage to the aggrieved party.

March 31, 2009

Disturbing the peace

A look at the scope and application of the law of sedition.

March 24, 2009

Too sick to work

When an employee faces health problems, how long can he be away from work without losing his job?

March 17, 2009

Qualified privilege

Officers of law enforcement agencies enjoy protection in making statements on related matters, but such statements must be made in good faith.

March 10, 2009

Constitution is the basis

Decisions made by a committee, without regard for the Constitution, are open to challenge.

March 3, 2009

Voting by proxy

A look at the role and limitations of a proxy.

February 24, 2009

Breach of trust

The claim to personal privacy is a cherished ideal. However, it is not always guaranteed, especially when public figures are involved.

February 17, 2009

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.

February 10, 2009

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.

February 3, 2009

Licensing restrictions

Decisions must not be arbitrary and the absence of clear guidelines gives rise to unfairness.

January 20, 2009

Force majeure

The clause force majeure does not always discharge parties of their responsibilities.

January 13, 2009

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.

January 6, 2009

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.

December 30, 2008

Enforcing the law

When laws are enforced without a proper appreciation of their purpose, the resulting resentment is understandable.

December 23, 2008

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?

December 16, 2008

Will insurance help?

It is important to know the extent of insurance coverage.

December 9, 2008

Remedies and reliefs

There is much to consider in the pursuit of relief or remedy for a civil wrong.

December 2, 2008

Binding clauses

When a pre-agreed method for inspection of goods is provided for, this must be honoured.

November 25, 2008

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.