Fundamentals of Contract Law

No matter where you live in North America, you must have seen some humoristic vignettes depicting a not-so-trustworthy Realtor intent at selling a house to some innocent-looking couple. My favorite vignette, which still makes me chuckle today, goes back to a few years ago when I was practicing real estate at United Realty. It involved a Real Estate Agent of Pompeii Realty, briefcase in hand, in the process of selling a house to an ancient Roman couple sometimes around 100 BC . The house is overlooking Mt. Vesuvius. There is a black, threatening, ominous plume of smoke coming out of the top of the volcano, and the Roman couple looks somewhat startled when the Real Estate Agent – big smile on his face – delivers the punchline: ” Plus, with a view like this what could possibly go wrong” !
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What is it exactly that you do when you sign a ‘contract’ . The term ‘contract’ means a promise or a set of promises made by one person to another, which the Courts will enforce. A contract can contain a number of promises or ‘terms’ to be performed by either party. The person who makes the promise is called the ‘promissor’ and the person who can enforce that promise is called the ‘promissee’ . If the contract contains several mutual promises, each party will be both a promissor and a promissee. Contracts of Purchase and Sale of land and interests in land usually have lots of mutual promises. Contracts are a crucial part of every business transaction, but not nearly as much as in Real Estate. For instance, some contracts are made verbally while others are made by simply exchanging letters or even e-mails. This is not the case in Real Estate, where it is a requirement at Law that contracts be written down in usually lengthy legal forms to avoid uncertainty, ambiguity and to be binding .

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    3 Hidden Benefits of Hiring a Criminal Defense Lawyer

    Being accused of criminal offense is a traumatic experience especially when you are not guilty and unaware of the legal procedures. Not every accused person is guilty. But, if you do not choose a specialized criminal defense lawyer, you won’t be able to prove your innocence in front of court. It is a wrong tendency among many people to think that they can handle the case on their own. But end up doing further damage to the case. A professional criminal defense lawyer can fight for your rights and draw a successful conclusion to the case.

    A specialized criminal lawyer will not only defend your rights on court, but will also:

    * Reduce your punishment or imprisonment: Criminal defense lawyers can help even if you are found guilty. A skilled attorney can minimize your sentence and fines. However, it is important to hire a lawyer as soon as you are charged with a criminal offense. Any kind of negligence can cost you a lot in the long run. A qualified lawyer will arrange all the evidences to build a strong case in your favor to reduce your punishment in case you are found guilty. A reputed lawyer will have good reputation in court. Perhaps he knows some of the court officials and prosecutors. This will help him negotiate deals and plead to lessen your punishments.

    * Investigate your case: Perhaps the police officer who arrested you has missed some of the most vital evidences that can prove your innocence. Your attorney will investigate the case critically. He will employ a variety of resources to arrange evidences to defend your rights. Criminal defense lawyers are experts about every aspect of law. They know how to deal such cases for a favorable outcome.

    * Provides you peace of mind: No matter how much you know about law, or even if you are a lawyer, do not represent yourself on your own. It is important to hire a specialized lawyer who has no emotional ties with your case. Your lawyer’s honesty and experience will play a crucial role to defend your rights. Remember, you conviction will not only affect you, but the future of your family as well. Moreover, it will affect your career opportunities as well. So, it will be a wise decision from your side to hire a reputed attorney who can help you avoid such disasters. By hiring an attorney, you know that in one of the most devastating times in your life, you have an expert professional beside you.

    Know Your Environmental Law – Don’t Get Stuck In The Waste Trap

    In the UK every business has a legal responsibility within environmental law to ensure that all waste is dealt with following the correct procedure so as not to harm the environment. All businesses produce some form of waste and there a specific rules as to how business waste should be managed. As a business owner you are responsible for this waste whilst it is on your property, during transportation and indeed up to the point where it is handed over to another authorised waste contractor.

    Non compliance can result in civil sanctions which can force the offender to rectify any damage done (at their cost). Failure to fix the environmental damage can result in your business being ordered to stop the activity which is causing the environmental problem or risk. Civil sanctions are relatively new and were introduced to enable the Environment Agency to make firms focus their efforts on cleaning up any environmental problems they have caused rather than just paying penalties. There is of course still the option for prosecution for serious cases but the emphasis is now focused on correcting the problems and repairing the environment rather than putting money into the governments coffers. This way the local community will actually benefit from the sanctions imposed.
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    Redundancy Law in Scotland

    Under redundancy law, Scotland is a country where employers are duty bound to treat their employees fairly. This is also the case in England, Wales and Northern Ireland. Redundancy is a form of job dismissal, though it should not happen because an employee has done something wrong.

    Reasons for Redundancy:

    Redundancy can happen because a company is no longer able to operate, for example, or because a job is no longer required. If a company faces hard economic times they may lay off some staff members to ease the situation. Through redundancy law, Scotland based employers must treat their workers fairly where the reason for dismissal is through redundancy.

    An employer cannot dismiss a worker under redundancy law in Scotland because they want a younger worker, for example, or because they prefer to have a worker of a different race. Redundancy law, Scotland wide, demands that employers only select workers for redundancy for reasons that are fair and acceptable.

    Acceptable Procedure:

    There are certain procedures in redundancy that are acceptable, and employers are expected to follow them. Sometimes an employer will agree methods for deciding on redundancies with a trade union.

    Common procedures for deciding on redundancies include last in, first out, where the longest serving working have the most secure jobs. Redundancies may be decided on disciplinary records where those with the poorest employment record are chosen first for redundancy. An employer may also ask for volunteers.