Articles of law By Bhag Singh (PAGE 10)

1. DIY will
   18/07/2006  The Star
   INCREASINGLY more people want to make a will today and there are companies and individuals offering will writing services, though this is a task that was earlier thought to be better entrusted to a lawyer. A reader who calls himself Chan who had made a will through a will-writing service would like to change the will that was made for him and he wants to know whether he can do it himself.
    
2. A legal walkover
   25/07/2006  The Star
   THE law creates rights which can be legally enforced if these are created according to accepted principles. When these rights are breached, one can take action to enforce them according to legal procedures. However, these rights – though capable of being enforced through the courts or other tribunals – can sometimes be lost if the correct procedure is not adopted or the time limits are not observed due to ignorance or negligence.
    
3. Substance of the document
    08/08/2006  The Star
   LAWS and regulations are all around us. In a society where relationships are getting more impersonal and transactions more complex, the need for rules and guideline cannot be denied. However, as a reader correctly points out, not all the restrictions placed on what can or cannot be done are contained in the laws. Sometimes such restrictions are set out in Codes and, on other occasions, as Guidelines. But does this make any difference?
    
4. Defamation and false statements
   15/08/2006  The Star
   The word defamation is common enough. With so many actions filed in recent years and the mega awards later awarded and subsequently not really approved of, the word has acquired a widespread exposure. As a result there is a tendency to equate certain acts and statements or consequences with defamation, even when they are not. Thus, merely hurt feelings in the absence of the other essential elements of defamation do not constitute a wrong in the sense of defamation or as “giving rise to a cause of action”.
    
5. Bankrupt builder
   22/08/2006  The Star
   A READER who is a house-buyer wants to know how the winding up of the company that is the developer affects him, and what winding up really involves. What happens to the plot of land on which the house is to be built and which has already been sold to him? This is a complex scenario. Buying a house involves a relationship between the house-buyer and the developer. As far as the loan is concerned, the bank will deal with the house-buyer when it comes to repayment.
    

6. Car park losses
   29/08/2006 The Star
   WHEN payments are made to another person or party for a service rendered, it is always expected that the party to whom payment is made has certain obligations. However, difficulties can arise when the different parties have different ideas of what their expectations are. Thus, when a person drives his car into a car park in a hotel and either some item from the car is stolen or damaged caused the immediate reaction is to feel that the hotel should be responsible to compensate the car owner.
    

7. Client’s rights
   12/09/2006 The Star
   IN BUSINESS dealings, it is said that the customer is king. Those who handle customers are advised to be helpful and to treat them well. However, this may not always be the case. An example is when dealing with a bank, which would include financial institutions, here the customer is usually in a ‘take it or leave it’ situation. Of course, this may not necessarily apply where the customer is asking for a very large loan or owing the bank a very large amount.
    

8. A point to consider
   19/09/2006 The Star
   TWO or more people can agree to anything they wish but, for this to be recognised as a binding arrangement, it must be a contract. Only then will the court enforce it. Section 10(2) of the Contracts Act 1950 provides that: “All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.”
    
9. Sale, lease or let
   17/10/2006 The Star
   A BOARD or banner with the words “for sale” or “to lease/let” or, sometimes, a combination of both, can sometimes be seen affixed to a building or positioned on a vacant piece of land. What is the difference between “let” and “lease”? The Oxford Advanced Learners Dictionary defines “lease” as a legal agreement that allows a person to use a building, a piece of equipment or some land for a period of time, usually for rent. “Let” means to allow somebody to use a house or room, etc, in return for regular payments. The meanings given take us no further.
    
10. Not a guarantee
    31/10/2006 The Star
    IT IS always advisable to document a transaction. This is so because what has been agreed to is stated in clear and unambiguous terms. Because of this, considerable peace of mind is afforded if the transaction is reflected in an exchange of letters and, better still, in a written formal document.