When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is regardless of whether you are dealing with a bank or even a long-time friend.
The discretionary power to reject or to allow the application for discovery is held by the court. But the procedure in applying for discovery in a civil suit requires certain guiding principles to be fulfilled.
What happens when your beautician messes up your treatment so badly that your face is severely scarred or hurt beyond remedy? Can you take an action against this beautician from hell?
“If a promisor stipulates by the terms of his offer that it may, or that it shall, be accepted in a particular manner, the contract materialises as soon as the promise does that stipulated act.”
If a Company is liable for legal action, do the shareholders and directors automatically become liable as well? How can a Company be liable when it is not actually a person?
For a contract to make sense or be worthwhile, all parties to the contract must receive some sort of benefit from it. In legal sense, this is called Consideration. Consideration is an essential element in every contract and/or agreement. Consideration refers to the benefit that each party receives or expects to receive from the contract.
“The standard of proof in civil cases is the legal standard to which a party is required to prove its case, namely on a balance of probabilities. In civil litigation, the question of the probability or improbability of an action occurring is an important consideration to be taken into account in deciding whether that particular event had actually taken place or not.”
What is a Without Prejudice Letter? Well, it is literally a letter with a small part somewhere on the document labelled “Without Prejudice”.
“Once a president has convicted a person charged with an offence before him, he is functus officio, and cannot rescind the sentence and retry the case. Similarly, once he has tried a civil action and made an order on the final determination of the dispute between the parties, he is functus officio and cannot rescind his final order and retry the case, or try a subsequent action between the same parties on the same subject matter.”
A Consent Order is a form of settlement entered into between two consented parties in a legal action filed in court to resolve a dispute by satisfying certain arrangements without admission of guilt or liability. Although it is normal for parties to discuss and agree on terms independently, there are situations in which parties are asked by the court, to write up an agreement between themselves.