PENALTY UNITS

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PENALTY UNITS Acts which provide for penalties specify the penalties by way of penalty units rather than dollar amounts. The reason is that it would be a time consuming and difficult task to alter each Act each time a penalty … Read More

PARTNERSHIP

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PARTNERSHIP What is a partnership? A partnership is defined in the Partnership Act 1958 “the Act” as “the relation which subsists between persons carrying on a business in common with a view to profit..”. This newsletter is about partnerships under … Read More

BUYING OFF THE PLAN

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BUYING OFF THE PLAN What is an “Off the Plan Purchase”? It is the purchase of an apartment which has not been constructed or has only been partly constructed and in either case is defined by reference to a Plan … Read More

INVESTMENT BY TRUSTEE

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INVESTMENT BY TRUSTEE This is an update of an article we published a number of years ago.  It is now, in the light of falling investment values, particularly relevant to trustees. Under the Trustee Act a trustee has power, unless … Read More

GUARANTEES

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GUARANTEES What is a guarantee? A guarantee is a contract where the promisee undertakes to be liable for the debt or obligation of another. A guarantee is a collateral contract – there must first be a primary contract where the … Read More

COMMON LEASE PROBLEMS

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COMMON LEASE PROBLEMS Leases are complex documents. They often deal with complex situations and/or complex relationships. This article explores some common problems and suggests strategies to overcome them.  At the outset the author acknowledges that this article owes much to … Read More

WHAT IS SOCIAL MEDIA?

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WHAT IS SOCIAL MEDIA? Social media is electronic and technological applications designed for online socialising, networking, communicating, publication and advertising purposes. Social media is analogous to an electronic form of “word of mouth” communications. An important difference between a “word … Read More

IMPLIED TERMS IN CONTRACTS

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IMPLIED TERMS IN CONTRACTS The terms of a contract are the specific agreed terms and any implied terms.  Implied terms serve at least two purposes. First they fill gaps–no contracts can allow for all eventualities.  Second, implied terms allow regulation … Read More

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