Articles Of Law
Roof over your head
An elderly parent needs to consider various issues before transferring his only house to his child.
Words in context
Where the characteristics of a race are defined by law, a different approach may be required.
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.
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.
Courts for children
The Child Act 2001 strikes a balance in protecting the interest of the child and the community at large.
Time is valuable
We could do well to respect other people’s time as it is such a precious resource.
Costly cards
Credit card holders need to examine their obligations closely if they do not wish to feel cheated.
Rushing justice
The speedy clearing of backlog of judicial cases has been lauded – and criticised.
Being reasonable
On what constitutes the average person and the quality of being reasonable.
Room for error
There can be unfairness arising out of some court decisions.
Credit worthiness
When a name appears on the Central Credit Reference Information System, it is no indication of a person’s financial state.
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.
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.
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