What You Need To Know About The Lemon Law

Author: Terry Dunn

Car consumers’ rights
Despite its name, Lemon Law actually refers to state laws that govern faulty vehicles. It offers consumers protection against defects in the car and gives them the right to demand for replacement or refund. A lemon, in fact, refers to a vehicle that has defects, diminishing its value, impairing its use and causing problems in safety. The Lemon Law recognizes the right of the consumers to rely on the dependability and safety of the vehicle that they have purchased.
Generally, if a car has been repaired several times for the same defect within the warranty period stated in the lemon law and it has not been fixed, it may be considered as a “lemon.” You should however go to an authorized dealer to have the repairs fixed.
The Lemon Law requires the manufacturer and not the dealer to deal with the problem. Consumers who plan to ask for refunds must report the case to the manufacturer in writing especially if it is written in the warranty materials or user’s manual. Remember also to keep all documentations involving repairs in case they are needed when you file your complaint.
Consumers are also given the right under the Lemon Law to choose a refund instead of a replacement. In addition, you can also get a refund for the expenses that you have incurred for repair, towing services and the use of a rental vehicle while your car is still in the service center.
Differing state laws
States have different provisions in their lemon law. Some states offer protection for both used and brand new vehicles while others only protect brand new car buyers. Lemon state laws also differ in the vehicles that it covers as well as the number of times that the vehicle should be repaired before being considered a “lemon.
California Lemon Law, for instance, stipulates that a vehicle is a “lemon” if it was repaired four times already; has been out of service for 30 days or has been repaired twice for a defect that can cause serious injury or death while the state of Arkansas requires only three repair attempts and one repair attempt if the defect can cause injury or death.
Most states provide a warranty period of 12 to 24 months or 12,000 to 24,000 miles, whichever comes first in their Lemon Law provisions. The defect must occur within this warranty period.
If the defect is serious, involving the steering wheel or the brakes, consumers are granted one attempt to repair. For safety defects that are not as serious, Lemon Law allows for two attempts at repair. For other defects, consumers can have the car repaired three to four times. If the vehicle has been in the repair shop for a total of 30 days within a year with at least one of those days occurring the first 12,000 miles, then it is considered a lemon.
Most Lemon Law allow for an offset in the refund given to the consumer in relation to the car’s mileage at the time of the refund. Still, there are no specific guidelines over this and consumers can negotiate.
Though it is relatively easy to deal with some manufacturers, who would voluntarily buy back your “lemon” car, there are some who refuse to. In case this happens, services of lawyers are needed. Recognizing these situations, some State Lemon Law allows consumers to refund their attorney’s fees.About the AuthorTerry Dunn is webmaster of http://www.Lemon-Law-Explained.com - an informational resource that explains what Lemon Laws are and how they can help you.

What Is Trademark Law

The law will countenance enterprise that early use the make they select, document laws uprise from the Lanham Act. This act is organized to keep characteristic wrongdoing. The law prohibits uses of trademarks, craft defamation that are prospective to crusade fault roughly the communicator of a quantity or serving. Misconduct law protects consumers from state misled by the use of infringing marks and also protects producers from raw practices by an imitating competitor. The law does not employ often instrument to trademarks that exist of unwashed or characterless text because they are not essentially unequalled. A human that when they register a peculiar region argot, the earmark is solely their own and nobody added can use it. This may not be confessedly still, not exclusive must you register the realm, but you screw to use the activity call sufficiency to succeed secernment. The soul way to do this is through consumer cognizance and marketing. See around before you decide a stylemark and pee reliable that it is not already in use. It would be real pricey if an wrongdoing cause was brought against you for using someone else's characteristic. Using a grownup copulate to straighten a trademark

Great Law of Attraction Money Affirmations and Tips

By: Beth & Lee McCain
Sometimes finding a perfect affirmation, just for you, can be a little hard. Here are some great money abundance affirmations that we have used in the past or that other Law of Attraction practitioners have e-mailed to us.
The Universe is unlimited. There is more than enough abundance for everyone in this world. When you start intentionally applying the Law of Attraction, a great affirmation is necessary, and feeling confident in your affirmation is imperative. You want to be able to feel and believe it to be absolutely true. Many people have a mindset of "lack." A good money affirmation can help jump the hurdle of thinking from a space of "lack."
You'll also want to find an affirmation that feels attainable. If you choose an affirmation that your logical mind can't even fathom could happen, then it won't happen because the Universe will pick up on that thought and feeling. You can start with something small and when that feels attainable take another step toward a larger affirmation. When you take these baby steps your logical mind will become used to the idea of having everything you want, and you will become comfortable with your affirmation.
When you have discovered the money affirmation that works best for you, you'll want to focus on and say it at least five times a day. Make sure to give your affirmation the attention that it deserves. Close your eyes and feel the words leave your lips. Treat the words like a sacred incantation; that when you speak the words, the Universe drops everything and rushes exactly what you are affirming to you.
Make sure that you do not 'outgrow' your affirmation. When you feel like the original affirmation just isn't doing it for you, change to something that reflects your growing positive thoughts and feelings. And when your affirmation has completely aligned with the Universe, you'll want to bump it up a notch to reflect your newfound life.
Perhaps these affirmations will ring true with you.
Law of Attraction Money Affirmation 1: I create my own reality and I have unlimited prosperity.
Law of Attraction Money Affirmation 2: Financial abundance comes to me easily.
Law of Attraction Money Affirmation 3: Large amounts of money come to me quickly and easily from multitudes of sources now.
Law of Attraction Money Affirmation 4: I always have abundant amounts of money; more coming in than going out.
Law of Attraction Money Affirmation 5: Unlimited possibilities and resources reveal themselves to me now.
Law of Attraction Money Affirmation 6: I am comfortable having money.
Law of Attraction Money Affirmation 7: Money is good and I deserve money.
Law of Attraction Money Affirmation 8: I feel successful and I am successful.
Law of Attraction Money Affirmation 9: I have more money than I ever dreamed was possible.
Law of Attraction Money Affirmation 10: I expect only the best from my financial situation and the Universe provides just that or better.
Law of Attraction Money Affirmation 11: I have a constant stream of money abundance in my life.
Law of Attraction Money Affirmation 12: I have my ideal life.
Law of Attraction Money Affirmation 13: I am able to think and feel in unlimited ways.
Law of Attraction Money Affirmation 14: I have all the answers within myself and I implement them.
Law of Attraction Money Affirmation 15: I am financially free.
These are just a few affirmations to get you started. Enjoy creating and making affirmations a part of your life. Affirmations are one of the wonderful tools to use in attracting all you desire through the Law of Attraction.
About the Author:
Beth and Lee McCain are full time instructors and lecturers in applying the Law of Attraction, or better known as the Secret, in your life to attain whatever you desire. They have a great radio show on Youtube that is both entertaining as well as informative on the subject of the Law of Attraction. Please visit: Beth and Lee McCain Law of Attraction Web Site

7 Laws to Attract Wealth Into your Life

By: Marty Keller
1. The Law of Perpetual Transmutation:
The best definition of Natural Law seems to be that, "it is the uniform and orderly method of the omnipotent God. Unlike any other form of animal life that has been created, we were given the power of choice or free will; along with this power came certain responsibilities. The capacity to choose does not involve freedom from the consequence of our choice. The laws or rules which govern every individual, and which we cover to some degree in this book, are as exact as the laws which govern the material universe. You can act in accordance with these laws or you can disregard them, but you cannot in any way alter them. The law forever operates and holds you to strict accountability, and there is not the slightest allowance made for ignorance. The law of attraction will deliver to you what you do not want as quickly and as certainly as it will deliver what you do want.
2. The Law of Relativity:
In the study of this law, we find that all things are relative. All laws are related to each other and correspond with each other. The laws of the little are the laws of the great. There is no big nor small, fast nor slow, except by comparison. Every law that is a law must be relative to all other laws. In other words, they must be in harmony, agreement and correspond with each other. An understanding of this law will give one the means of solving many of the secrets of nature that seem to be para- doxical. The much discussed fourth dimension is nothing more nor less than the dimension of vibration. Again, all rates of vibration are either high or low, only by comparison with those above or below them. Whenever the law is properly used, you win. Let's remember that everyone does something better than you and, likewise, you do something better than every person you meet. When you relate something you do that you are not proficient at, to something another person does that they have mastered, you will not look good. You are using the law against yourself. Begin using this law to heighten your self esteem. You will then become aware of how special you are in the light of truth.
3. The Law of Vibration and Attraction:
Everything in the universe vibrates...nothing rests. We really do live in an ocean of motion. This truly contains the great secret of life. You are always moving toward something and it is always moving toward you... it's action and attraction. This is where your intuitive factor is used (or should be). You can use it to pick up other people's vibrations. When you consciously become aware of vibrations, you call them feelings. When you feel bad, you can change your feelings by thinking good thoughts. When you pick up abad feeling from another person...you know they must be thinking disturbing thoughts. You must not let their negative vibrations affect your way of thinking. Your thoughts are vibrations that you send off into the universe. When you concentrate, the vibrations are stronger. Your thoughts are cosmic waves of energy that penetrate all time and space (vibrations). Thought is the most potent vibration and remember that you can think...that makes you a very special creation (God's greatest masterpiece). You should always be delighted with yourself. (All creation begins in thought.) Your thought controls the vibration your physical body is in. Disease is a body that is not at ease. Health is a body at ease.
4. The Law of Polarity:
Everything in the universe has its opposite. There would be no inside to a room without an outside. If you referred to this side of the sheet of paper that these words are writen on as the top, then the other side would be the bottom. You have a right and left side to your body, a front and back. Every up has a down and every down has an up. The law of polarity not only states that everything has an opposite...it is equal and opposite. If it was 3 feet from the floor up on to the table, it would be 3 feet from the table down to the floor. If it is 150 miles from Manchester to London, by law it must be 150 miles from London to Manchester; It could not be any other way. If something you considered bad happens in your life, there has to be something good about it. If it was only a little bad, when you mentally work your way around to the other side, you will find it will only be a little good.
5. The Law of Rhythm:
The law of rhythm embodies the truth that everything is moving to and fro, flowing in and out, swinging backward and forward. There is a high and a low tide. Everything is flowing, both in and out, in accordance with the law. There is always a reaction to every action. Something must advance when anything retreats; Something must rise when anything sinks. This law governs the movement of the planets in their orbits and also manifests in the mineral and vegetable kingdoms. Men and women can observe this law in their mental, physical and emotional states. The law of rhythm is universal. This can be observed in the rising and setting of the sun and moon, ebb and flow of the tides, coming and going of the seasons, and in the rhythmic swing of consciousness and unconsciousness. You are not going to feel good all the time; No one does. If you did, you wouldn't even know it. The low feelings are what permit you to enjoy the high feelings. There will always be highs and lows in life. Reason gives us the ability to choose our thoughts (that is free will). Even when you are on a natural down swing, you can choose good thoughts with your free will and continue to move up toward your goal.
6. The Law of Cause and Effect:
Every cause has its effect; every effect, its cause. There is no such thing as chance. Everything happens according to law. Nothing in the entire universe ever happens, unless it occurs according to law. Nothing ever escapes the law. It is impossible for the human mind to conceive of starting a new chain of causation, for the simple reason that every effect must have a cause; and in turn, that cause must have an effect. Thus, we have the perpetual, never-ending cycle of cause and effect. Ralph Waldo emerson called the law of cause and effect, the law of laws. You are, of course, very interested in results. Your physical health, your relationships, the respect you earn, your material income. You must concentrate on the cause, and the effect will automatically take care of itself. That is how the law works.
7. The Law of Gender:
The law of gender manifests in all things as masculine and feminine. It is this law that governs what we know as creation. The word creation is often erroneously used, for, in reality, nothing is ever created. All new things merely result from the changing of something that was, into something else that now is. The law of gender manifests in the animal kingdom as sex. It also manifests in the mineral and vegetable kingdoms. Without the dual principle of male and female in all things, there could not be a difference of potential, perpetuation of motion, nor a regeneration. This law is the one which finally closes the cycle and completes the circle of the seven subsidiary laws under one great law. This is in truth, the creative law. This law decrees everything in nature is both male and female. Both are required for life to exist. This law also decrees that all seeds (ideas are spiritual seeds) have a gestation or incubation period before they manifest. In other words, when you choose a goal or build the image in your mind, a definate period of time must elapse before that image manifests in physical results.
Article Source: http://www.articlesbase.com/business-articles/7-laws-to-attract-wealth-into-your-life-140836.html

About the Author:
For more information on this subject and seven free lessons at no obligation, please visit http://positive1.thesgrprogram.com

The English Legal System: Why, How Laws are Made

By: Eren
Before one considers what laws are and how they are introduced into a society or a circumstance, it is necessary to consider...
WHY WE HAVE LAW
People's behaviour, sometimes, may lead to generally undesirable outcomes, injurious to one or more others physically or as repugnant. People have sought to establish some rules, to enable the smooth functioning of the societies in which they live, of a kind that themselves can sanction to avoid chaos.
WHAT ARE LAWS
The set of rules that regulate behaviour are laws; and those that regulate human behavior in ways that they can be legally sanctioned if breached are men's Legal Laws.
What the should be the basis of such rules, the extent of the limitations on man's actions, who and how should decide and organize them, apply the sanctions -with what safeguards against injustice and as defined by whom and how, and the growth of society -necessitating variations of them, and other such considerations, are essentially, also part of Law.
There has been the Authoritarian View -that law's intention should be to prevent wickedness, and the moral welfare of the society; and there has been the Libertarian View -that private morality and immorality is one's own business and not of law: e.g., the Misrepresentations Act 1967.
THE AIM OF LAW
The Libertarian view has been mostly preferred, aiming to ensure two things:-
1. Primarily, with minimum conflict with natural law, rules for the survival of the society (e.g. regarding murder, theft -mostly criminal in nature), against human greed and aggression.
2. Secondarily, to make allowance for growth, and complex situations by way of...
a. A system of adjudication for the settling of e.g. mercantile disputes
b. A system of who and how to change the rules as and when necessary
c. A system of recognition of the primary rules themselves as legal rules.
In a non-complex society an elected body should make, and publicize, and sanction, above all, Criminal Law (rules intended primarily for a simple society with a unity of purpose which is, above all, survival -regarded as being best ensured by considering it most important that the norm should not be
deviated from, to enable cohesion and solidarity).
In a complex society there being no unity of purpose and the emphasis being on the interdependency of the members of the society, deviance would not be the most important consideration, and the purpose and the function of any law would be, chiefly, between conflicting individual interests, to maintain a reasonable balance, mostly by Civil Law -for which reason in e.g. European Law the interests of the individual are paramount to those of the state.
ENGLISH LAW
Classification of English Law is as being, both, affected by, and incorporating in part -and increasingly, international law; it comprises of...
INTERNATIONAL LAW and NATIONAL LAW
INTERNATIONAL LAW
Britain must respect and meet the expectations of various international agreements in the application of its laws -whether binding on it or not, to maintain its political standing among other countries; and, often, such expectations are met by its own, voluntary, incorporating of such laws into English law. This is done, mostly, as a condition of its membership of the European Union, as and when it is directed by Europe -as in the case of the level of its water-purity and the European directive regarding a standard common to all member states of it, and as in the case of the requirement to treat as binding on itself e.g. the Single European Act 1986.
NATIONAL LAW
National Law, on the other hand, is that which is made by the state, for the state, and in Britain by its Parliament, intended, within the state, in this case within Britain alone -with variations for Scotland and Northern Ireland, to ensure the non-anarchic organizing and running of the society, in respects from less of consequence to those fundamental, increasingly as written-law, as:-
PRIVATE LAW and PUBLIC LAW
PRIVATE LAW
Private Law regulates the dealings of the individuals with each other within the state, under such headings as:-
Family Law, Tort, Property Law, Commercial Law
Family Law is a good example of the laws in this category; it deals with matters between individuals such as marriage, divorce, and matters arising as related rights -such as the custody of children, e.g. the Family Law Reform Act 1969.
Tort or Torts -as some prefer to call it (from the French word meaning wrong, or wrongs), is the private individual's right -if without financial assistance from the state s/he can, not to be civilly wronged by another, sometimes by an organization, in respects not contractual, sometimes including such as, with a very fine distinguishing line, may fall short of being criminal ~e.g. negligence, or the Occupiers' Liability Act 1957.
Property Law, also called Land Law, deals with matters of property, such as land that in practice is regarded as personal -although 'all land belongs to the Crown', and including matters of dispute over minerals under it and treasure trove, as well as dwellings on it and fittings, often dealt with by the Courts of Chancery -e.g., the Law of Property Act 1925.
Commercial Law comprises of laws of major importance in the dealings of individuals with others, such as:-
Mercantile Law, Consumer Law, and the Law of Contracts
Mercantile Law is the original body of laws that governed commercial dealings ~it was so called because it involved dealings of merchants with each other. As it developed, it concerned itself also with dealings between merchants and the consumer, and the occasional agreements between the individuals -which later grew into separate laws themselves. Almost exclusively, it deals with such matters as competition between traders, trademarks and patents, and e.g., bills of exchange under the Bills of Exchange Act 1982.
Consumer Law is from laws-merchant; it regulates the dealings of the individuals with merchants as to, e.g., the quality, and return, of goods purchased, deeming existent a collective contract between the consumers and any trader, as in the Sale of Goods Act 1977(as amended).
Contract Law is about the, not necessarily regular, agreements of individuals with others, on specific terms offered and accepted (unless under duress or by coercion), intending it to be legally binding, for consideration in return, e.g., under the Misrepresentations Act 1967.
PUBLIC LAW
This branch of the law governs the relationships between the state and other states, and between the individual and the state, under such major headings as:-
Constitutional Law, Administrative Law, Criminal Law
Constitutional Law is about the system, the framework, of who and how, and how come to, govern, by which laws how made and applied, as the state; e.g., the Parliaments Acts 1911, 1914.
Administrative Law defines and controls the limits of government, mostly protecting against absolute power, enabling complaints and appeals against the state -e.g., the Human Right Act 1998.
Criminal Law regulates such conduct of the individuals as are regarded to be against the society, actionably, punishably, by the state; e.g. Offences Against the Person Act 1861.
THE DIFFERENCE BETWEEN PUBLIC AND PRIVATE LAW
The differences are, mainly, these:-
Public Law are those categories of law, such as Administrative, Constitutional, Criminal, which involve the conduct of the state in relation to itself, or in relation to society generally, through one or more individuals, or the conduct of the individual against the society -mostly through one or more other individuals, in representing the society.
Private Law, i.e., Family, Tort, Property, Commercial -with its branches, chiefly, involves the state as only the arbitrator in personal or collective dealings between the individuals.
THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW
IF IT IS CRIMINAL LAW…
1. It is Public Law
2. It is between the state and the individual or organization
3. The state (Crown Prosecution Service) complains, prosecutes)
4. It is registered as R –v- name of the accused (R = Rex/Regina –the monarch)
5. Proof is the states, beyond reasonable doubt
6. It is dealt with by Magistrates, or by Crown Court
7. It is Not Guilty or Guilty and a Sentence –imprisonment/community-service/fine and trial costs unless on legal assistance
IF IT IS CIVIL LAW…
1. It is Private Law
2. Its is between individual/s and/or organization/s
3. The individual/s or the organization sues
4. It is Complainant (plaintiff) –v- Defendant (their names)
5. Proof is on a balance of probabilities
6. It is dealt with by a County Court or the High Court
7. It is a Judgment and the winner is awarded a remedy and, normally, costs
THE LEGISLATIVE PROCESS IN ENGLAND
The Sources of English Law
Main sources of law in England are:-
1. Legislation -including Delegated Legislation...
2. Precedent (Judge-made law) -which mostly comprises of the Laws of England and Wales and as (differently) applied in Northern Ireland (the basis being same of the slightly differing Scottish Law -and of the laws of many countries of the British Commonwealth)...
3. European Union Law -which is increasingly becoming the major source of English Law (expecting compliance with also the European Convention on Human Rights -the enhanced version of the Universal Declaration of Human Rights) -e.g., the Human Rights Act 1998 (implemented in 2000) incorporated into English and all United Kingdom law.
The Legislator, is the Parliament.
The Parliament is the House of Commons, and, the House of Lords -with the Monarch.
The House of Commons are the elected representatives ~mostly from political parties -with committees and 'whips' (who deal, mostly, with the discipline of their members). By "the supremacy of Parliament", in fact, is meant the 'supremacy' of this House -since the Parliament Acts 1911 & 1949 it can bypass the House of Lords, and, since Queen Anne, in 1707, conventionally, to every Act of it the Monarch always assents.
The House of Lords are the unelected representatives, so knighted by the Monarch, some as Hereditary Lords (the eldest son inherits the title) and many increasingly as Life Peers -almost always upon the recommendation of the political parties themselves; the numbers were limited of them with voting rights by the government at the beginning of the 21st century and its members have been considered that should be selected by a panel appointed by government. Its Right to Veto the Commons has been, since 1911, inconsequential, and since 1949 within a year invalid -it serves in effect as a chamber of second opinion and its decisions are not binding on the House of Commons and occasionally have not been followed.
The Monarch, since 1707, may not veto Parliamentary Legislation; but, must formally assent to it -although she does not personally sign it, before it can become legislation.
Legislation is a law, in the form of a Statute. It is formally enacted -or made, by or by the authority of the Parliament, effective when assented to, as an Act of Parliament.
Acts of Parliament, 'Statutes' are laws, produced by the Parliament, and comprise also of less important law, with the authority of the Parliament, as Delegated Legislation.
Delegated Legislation enables the management of major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.
Statutory Instruments by the Executive's ministers, through other bodies, make effective such Legislation as about health and safety, transport, and as about social-security and taxation.
Orders in Council are by the Monarch with the Privy Council, in cases of emergency -also on appeal from some Commonwealth countries.
By-Laws are made, mostly, by Local Councils (Town Halls as, or as part of, County Halls) -by locally and independently elected town or county mayors and councilors with knowledge of their individual districts.
The advantages of delegating legislation is that it enables saving time, expertise, and flexibility; the disadvantages are that it gives wide powers to make laws without debate and which may not be as much publicized as the Acts of Parliament themselves and as much known to the public.
Legislating
A Bill is a proposed legislation normally producing an Act of Parliament -it normally begins with one or another type of Bill being introduced.
Types of Bills
The type of a Bill depends on who propose the legislation -as follows...
Public Bills by government, proposing legislation affecting the nation as a whole -were so introduced the Criminal Disorder Act 1998, and, the Access to Justice Act 1999.
Private Member's Bills by members of Parliament, which may be of national effect -the Arbitration Act 1967, the Disability Discrimination Act 1996, both, began so.
Private Bills by individuals, through a member of Parliament, affecting fewer -such a bill proposed the University College London Act 1996.
A Bill, with slightly variations depending on its type, before becoming Law, goes through a number of stages.
Stages of a Bill
The Stages of a Bill are, sometimes strictly, with adherence to set procedures, Readings, at both the House of Commons and the House of Lords:-
The First Reading involves formally, mostly, Naming the Bill, with its date, and making available printed copies of it, normally, with no, or very little, debate on it...
The Second Reading involves Explaining the Bill -debating its general principles, and voting on it...
The Committee Stage involves the political parties, which are represented proportionately, putting forward their views -or expert opinion being obtained on it; and at the Report Stage the House being informed of these and the Bill being voted on.
'Division' sometimes takes place on how to vote on the Bill among the Members of Parliament, and when so, an Eight-Minute Break is allowed them and their Party Whips to discuss it and to decide how to vote on it.
The Third Reading, usually, is, with any verbal amendments to the Bill, the final vote.
This procedure is followed by both of the Houses of Parliament, except that Bills may begin not at the House of Lords if they are to do with such matters as taxation.
The Royal Assent involves the Signing of a Bill that has gone through all of its previous stages successfully, by the Monarch ~but the Monarch need not, and does not, personally sign it -conventionally, the Monarch does not refuse; and, unless stated that it will become so after a time interval, from then on a Bill becomes formally an Act of Parliament, Law which often authorizes delegated legislation too.
It is considered essential to inform the public of the laws proposed and of the laws made, and this is done, at different stages, by way of publishing a White Paper, a Green Paper, and a Statute -delegated legislation also being made in printed form publicly available.
These procedures may sometimes be confusing: e.g., section 6 of Employment Protection (Consolidation) Act 1985 was a Bill introduced as being intended to be of psychological effect only and not of any legal effect before passing all of its stages and becoming Law.
JUDGE MADE LAW
Precedent, briefly. Britain, unlike the USA and the European Union countries, not having a Written Constitution, Codes of Law enacted by the representatives of the people, English Law is based on Common Law -judge-made law ~judges interpret and (also in those criminal cases where that it is increasingly considered by the government that should not sit juries) apply the law.
Where 'Written Law' -an Act of Parliament, does exists, they do so under Rules formulated by the English Courts, such as:-
The Literal Rule -where the Court does not consider the written law to require judicial interpretation, literally taking the words of the Statute…
The Golden Rule -if they consider the literary meaning to be, e.g., absurd of any Written Law, interpreting it as they would consider not perverse.
The Mischief Rule -if the Court considers it must interpret the purpose of the written law -the Intentions of Parliament, which they do under the Interpretations Act 1889 -barring reference to the Hansard (the official transcript of all words spoken in the Parliament -placed in its library).
These Rules are sometimes confusingly stated, and in relation to appeals, e.g. from cases under the Sex Discrimination Act 1975, its is stated that "no issue of law arises if the Tribunal simply misunderstood or misapplied the facts" -following reference to precedent that an issue of law arises if a decision is "inconsistent with the evidence".
A Decision, in English Law, consists of two parts, the 'Ratio Decidendi', and the 'Obiter Dicta' -the former being Precedent, the binding part, which sets out what the Principle is ~the latter being things said by the way -which are not binding but may be persuasive.
Until the late 1990's English courts and tribunals did not have to give reasons for their decisions, including in civil cases in which juries do not normally sit in Britain -European Law now requires them to do so, often if within a specific period of time ask to do so.
The Principle, unless 'distinguished' becomes 'Precedent' binding on all lower courts, and in the case of the Court of Appeal also on itself.
Precedent are reported by the Incorporated Council of Law Reporting in the Weekly Law Reports (WLR) officially, and privately in e.g., the All England Law Reports (AELR).
Precedent, to all intents and purposes, is Law until it is reversed by a higher national Court or by the European Court, or becomes obsolete by an Act of Parliament, or by European Union Law.
Judge-made Law is regarded mainly to have the advantage of being not rigid and enabling for changes more quickly than it may take parliament to make them -its disadvantage is considered to be that unlike as in the case of Codes it is law which is not by elected representatives of people.
PARLIAMENTARY SUPREMACY
The Presumption of the Supremacy of the British Parliament in respect of English Law is, briefly, based on the Monarch no longer refusing to give assent to a Bill passed by the Parliament, coupled with that of Precedent being in line with the Intentions of Parliament.
The Inconsistency of that presumption has been proposed on the fact of the European Law (including the decisions of the European Court and of its 'national branches' which are empowered to declare any law made by the British Parliament 'not law' and of no legal effect where it is the view of Europe that Britain ought not to have such a law -e.g., for the reason that it contravenes the Articles of the European Convention on Human Rights) being binding on the United Kingdom Government and on its Courts -as on all other member states of it.
Laws in the European Union states continue increasingly and rapidly to change in the course of commonization of various laws, and in Britain, within a short time of a Department of Constitutional Affairs being created in addition to the Lord Chancellor’s Department, also a Ministry of Justice was added –it is wise when it may otherwise be of consequence to always ascertain what current laws are.
The author has a website at: http://www.geocities.com/eoa_uk
Article Source: http://www.articlesbase.com/law-articles/the-english-legal-system-why-how-laws-are-made-155918.html
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The author's favourite site is the Teacher of Teachers

Understanding The Law.... Insurance Law

Author: Nominate A Lawyer
T
Q. Our home recently burnt down accidentally and now the insurance company is refusing to pay the claim due to the presence of white ants although we had another claim some years ago which was assessed and adjusted by their representative and the claim paid with the white ant damage being noted at that time with ongoing renewals continuing to be offered without condition. Can they do that?
A. No. Any insurers who deny claims for these reasons have little understanding of how their policy operates as they suffered no prejudice with the operating cause being fire not white ant damage provided it has not become worse and the fire was not set to cover this up.
Q. I recently went to my chiropractor for manipulations to my neck to assist with pain management and now six months later I am far worse off than before. What can I do?
A. It would appear that the manipulations were not successful and this may be due to a failure by the chiropractor to adopt the standard of care appropriate to treat your condition which may allow you to sue him in negligence for damages.
Q. I recently went out with some friends on a Friday night and became slightly the worse for wear. Although the events of that are rather hazy I do recall that we got into a fight in which I was injured. I was taken to hospital and had treatment for various bruises, lacerations and abrasions to my body. The next day on going back to collect my car I found it had been badly damaged during the course of the fight. I claimed against my insurance company but they have refused to pay it suggesting that I was responsible for causing the damage to it. What can I do?
A. Obviously you would be able to prove there was a fight and you suffered injuries and were taken to hospital. As a result, as there would be no difficulty in determining where the fight scene was which I assume to be adjacent to your motor vehicle then in these circumstances provided your bonafides are not in doubt then the insurer should pay your claim and if they do not then you have remedies at law. Suffice to say a comprehensive motor vehicle policy covers all types of accidental damage which occurs to a motor vehicle.
Q. I was involved in a car accident and I have lodged a third party claim with the other driver’s insurance company who are refusing to pay saying that I caused the accident which is incorrect because the other driver smashed into me from the right hand side. What should I do?
A. You need to find a solicitor who is an expert in insurance property damage claims as they possess fundamentally different knowledge from personal injury lawyers who deal with workers compensation, motor accident acts claims and public liability/personal injury matters. A property damage insurance lawyer will be able to address the necessary problems you confront and should be able to get the claim paid by the other party’s insurer.
Q. Recently my son was at a sporting activity where he was playing up, physically abused by his teacher and forced to leave the event to seek medical attention as a result. Do we have a claim for professional negligence against the teacher or school as I wish to teach them a lesson?
A. Although you would be entitled to make a claim against both the school and the teacher, the question is whether you would be successful in damages. The simple answer in New South Wales is no, unless your child sustained serious ongoing injury or has suffered serious psychiatric illness. Since the medical evidence indicates that he will make a full recovery, the school should be approached to take disciplinary action against his teacher.
Q. Recently I took a couple of my newly born pups to see a local vet where they contracted a virus and subsequently died. What should I do?
A. To put it simply, you should contact the vet and say that you are looking for an apology and compensation. If the animals were not particularly valuable then it would not appear to be a case in which it would justify you retaining a solicitor. Do the best you can in the circumstances.
Q. What happens if someone communicates a full transcript of what a member of parliament said in parliament through the media which has had the effect of seriously impacting my business?
A. This does not amount to defamation as it is the record of a conversation the subject of parliamentary privilege and where true there is no damage at law.
Q. Recently my son was overcome by a smoke machine at a school function which triggered a severe asthma attack, resulting in him being rushed to hospital and admitted to intensive care where he responded to treatment. Is there anything we can do in the circumstances?
A. No. Although you have the potential to pursue a personal injury claim on behalf of your son, the fact that he is in the process of making a full recovery precludes you taking action for damages at common law.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified insurance lawyers in Sydney, Melbourne and Brisbane.
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Understanding The Law... Employment Law

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Q. Following the introduction of Workchoices earlier this year although I work for a company having less than 100 employees do I still have any remedies left?
A. Yes. You are entitled to bring an action against your employer where there has either been a breach of an express or implied term of your contract of employment.
Q. Although the company for whom I am working is not meeting budget the area in which I work has exceeded budget but I am being put under increasing pressure to improve output?
A. All employers have managerial prerogative but where this is unreasonably exceeded and this has been raised with them, this can constitute a breach of your contract of employment. The particular circumstances which apply are extremely important in assessing the extent to which an employee has an available remedy.
Q. I approached my employer asking could I take leave without pay and they asked me to resign on the basis that when I returned all I had to do was reapply for my old position and it would be given back to me. I did this and on my return I put in my job application and other applicants were successful and I was refused. Can my employer do this?
A. No, as any employer who does this is contractually bound to fulfil the terms and conditions of the verbal contract entered into with their employee and if they fail to do so it is enforceable.
Q. My boss came to me and asked me to admit someone to our computer network without the property authorisation. I refused to comply and ever since I have been singled out by him and serially abused, ignored and made to feel unwelcome. Is there anything I can do?
A. Yes. It appears that you are being harassed and bullied and as a result you can seek redress from your employer.
Q. I have been working with the same company for in excess of 10 years and recently a new manager was appointed to my department. He has been riding everyone but particularly myself as it appears he wishes to make changes and bring in his own supporters. I am under stress and my health has deteriorated as a result. What should I do?
A. If you are under-performing then you should address the performance issues as quickly as possible otherwise the manager may terminate your services for any of a number of reasons including poor performance or operational considerations. If it be that you are being ridden and performance-managed in an endeavour to either get you to resign or be terminated then there are a range of things you can do. They include everything from unfair dismissal to suing for breach of contract, including breach of implied terms, which are extremely important in this context. Bullying and harassment should not be forgotten and if there is any hint of some form of actionable discrimination then this should be pursued also.
Q. I was recently fired for serious and wilful misconduct because my employer thought I had taken stock without paying or accounting for it. What should I do?
A. If you have been summarily dismissed and your employer has refused to allow you to explain the situation either thoroughly or at all then you are entitled to take action against him/her either for unfair dismissal if available or breach of contract.
Q. Recently I applied for a job and after the second interview was told by the recruitment agency that I had it. Subsequently I received a telephone call stating that they needed to carry out a criminal record check and I advised them of a minor transgression which had been dealt with by the court not leading to conviction. After this things got out of control and the agency told me that my application was unacceptable to their client and I should look elsewhere for employment. What should I do in the circumstances?
A. Obviously the agency offered you a job which you accepted and they badly handled the matter when explaining this to their client such that the problem is theirs, not yours. In these circumstances you are entitled to take action but the question becomes whether this will prove to be cost effective and will the amount to be obtained either as compensation or damages be sufficient in the circumstances.
Q. I am currently working for a very intense person who is overbearing and difficult who constantly threatens and swears at everyone yelling at them and standing over them unfairly pushing them to do as much work as possible. What should I do in the circumstances?
A. Given the type of work environment it is obvious you have a right to proceed against your employer for bullying and harassment. Not only are you able to do this under the general law but if it is having an impact on you there may be issues associated with the Occupational Health and Safety Act as well.
Q. I work for a government department and believe they are trying to get rid of me saying that my size interferes with my ability to carry out my work. I feel uncomfortable, as I believe I am being set up and the union is also involved. What can I do in these circumstances?
A. As you know with all government departments there are fixed procedures which need to be followed and if they are not issues such as the lack of procedural fairness will arise. In all of these cases it is important to find out what your employer is planning and should they invite you to attend a meeting to discuss your future then make a request of them that you be allowed to bring a support person with you, preferably your solicitor. Normally this would be agreed to and it is a far better way to proceed as your employer will have at least two people in the room when you are interviewed. Government departments normally follow a very lengthy process before an employee’s services are terminated.
Q. I was formerly employed by a company which has gone into liquidation owing me approximately $12,000 in unpaid wages. Is there anything I can do about this?
A. The best thing you can do would be to approach GEERS and see whether you are entitled to some form of compensation from them. Of course they will require proof of your entitlements and the best way to do this is to furnish them with whatever pay slips you currently hold. If you have lost or destroyed these documents then you will need to approach GEERS as to what other forms of proof they will accept to validate your entitlements.
Q. Since the Federal Government introduced Workchoices I am really confused as to whether there are remedies apart from the Workchoices legislation?
A. Most people are aware that provided you are working for a constitutional corporation the landscape for unfair dismissal claims has changed markedly. If you work for a company which has less than 100 employees then unfair dismissal is no longer an option for you whereas where you are working for a company with more than 100 employees then you are entitled to bring an action for unfair dismissal or unlawful termination provided you are a full time employee. In addition claims which can be made include breach of contract, breach of the Trade Practices Act, misrepresentation and anti-discrimination.
Q. I am having a number of issues with my boss at work due to his behaviour as he frequently swears, writes threatening emails, bullies, sets unreasonable deadlines and is trying to performance-manage me out of the operation. What can I do?
A. Obviously if you have been with your employer for some years and provided your earlier performance is in contra-distinction to what he is now saying then you would have a number of legal remedies available to you. It is essential in cases like this to make sure that you do everything possible to acquit at work to avoid criticism. Remember you can retain a solicitor to intercede with your employer and if this does not work then pursue your legal remedies.
Q. I was hired by an accountancy firm and terminated without notice without any reason given for my dismissal. Do I have any right of recourse?
A. Yes. Generally speaking the courts take an extremely poor view of someone being terminated without just cause and where no reason has been supplied. Obviously you need to see a lawyer to make sure your position is fully protected.
Q. This year I went to an office function and become a little untidy. Whilst I was taking photographs a girl lent over in front of me and I took a shot of her cleavage. After sobering up I suddenly realised there could be issues and I discovered that one of the persons to whom I had sent all the photographs including the one of the girl, had circulated this to everybody in the office. What should I do?
A. The first thing is to go and apologise to the girl and make sure there is no ill will between you. Next you should explain to your employer what your circumstances are and apologise to them for any inconvenience or problems that might result. Provided this works there should be no complaints of sexual harassment and the matter should die a natural death. If the matter escalates then you may be in trouble for serious and wilful misconduct and your services terminated.
Q. Recently I was retrenched and given one month’s pay in lieu of notice together with my current month’s salary. Unfortunately I was not paid for my annual leave or my current bonus which it vested and my unvested bonus which is now due and payable. What should I do?
A. You are entitled to take action to recover these outstanding monies, the only issue may be in regard to the current bonus which was not vested at the time your services were terminated.
Q. Approximately two years ago I joined a car dealership which is rather old-fashioned in the manner in which it transacts business between the finance and sales departments. An insurance provider suggested to the management that I was not doing my job properly and as a result I have been reprimanded being held responsible for the poor performance of my area which is ludicrous as the sales for this year in my area are the same as last year when the market was booming. What should I do?
A. As both departments have not been integrated it is hard to see how you could be blamed for this situation, particularly as the downturn was in new car sales and not insurance products which are performing in line with the previous year. It seems that your department must be more effective this year than last as you must be converting more deals this year to maintain last year’s figures. Irrespective you need someone to intercede on your behalf with your employer to cogently put your point of view and if they are unaccepting of this and your services terminated then you should proceed against them for unfair dismissal and look at what reasonable prospects you may have of proceeding against the insurer for defamation.
Q. I have been with the company as a permanent-casual in excess of 10 years and am wondering whether or not I can make an application to become a permanent employee?
A. Yes. Any employed person who has been working continuously and systematically for an employer for either 6 or 12 months is a deemed permanent employee and all that has to be done is to make application to the employer to convert your status. If anything negative transpires approach a lawyer to enforce your rights.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified employment lawyers in Sydney, Melbourne and Brisbane.
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Understanding The Law...Criminal Law

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Q. Am I likely to get off a speeding charge if I can prove that my car’s speedo was in error?
A. No, but this would be taken into account when you are sentenced.
Q. Unfortunately I do not have a good driving record; I am separated from my wife who does not have a driver’s licence which means that I have to take my son to and from child care. Will this be taken into account although I have recently committed another driving offence?
A. Yes. The court takes a very poor view of repeated transgressions by drivers particularly where they are young and have a bad driving history. Courts often take into account these circumstances but more particularly where the offender’s continuing employment is likely to be affected.
Q. I have just ended a short term relationship with my former girlfriend who is threatening that if I do not return to her she will report me to the police saying that I sexually assaulted her?
A. This situation is not uncommon and involves both males and females alike. Irrespective of gender if you are blackmailed by someone to return to a relationship which you have terminated then do not hesitate to approach your lawyer and have them contact the police to ensure that you are adequately protected.
Q. I am 40 years old and involved in sales and I have recently been charged for the second time with high range PCA. What should I do?
A. The courts do not like drink-driving offences and more so where they are high range PCA. Where this type of offence has been repeated within a period of five years then the penalties are severe involving disqualification, fine and/or imprisonment. In all such cases proper legal advice should be obtained in order to mitigate the sentence and questions of financial hardship associated with losing your licence need to be ventilated with the court to obtain consideration.
Q. Recently I was picked up for exceeding the speed limit by more than 30 kph and I am concerned that I am may lose my driver’s licence when this matter comes before the court. I need to know what to do?
A. In NSW where you are exceeding the speed limit by over 30 kph it is an serious offence as it constitute dangerous driving. Aggravated dangerous driving occurs where a person exceeds the speed limit by more than 45kph which involves automatic suspension of licence and in some cases a term of imprisonment.
Q. Do courts take into account a prior drink driving record and does it have any appreciable effect on the sentence handed down?
A. In NSW a prior drink driving offence within a period of five years has an appreciable effect on the sentence imposed by any court. For a low range PCA for a first offender there is an automatic minimum disqualification period of three months apart from the question of fines or imprisonment. In the case of a second offence committed within a five year period there is an automatic minimum disqualification period of six months apart from the questions of fine and imprisonment once again. The lesson is, if you have been caught once for drink driving don’t get caught again irrespective of whether the courts are only meant to take a prior offence into account within a five year period as they are entitled to consider the whole of your driving record when imposing sentence.
Q. I was recently at a sporting event and my conduct was a bit untidy. As a result I said some derogatory things about one of the teams playing and unfortunately I was sitting amongst a lot of their supporters. Apparently they called the police. Whilst I was standing up cheering I felt an arm on my shoulder which I attempted to shrug off. The next thing I knew I was being wrestled to the ground by police and taken to a nearby police station where I was subsequently charged. The charges included - resisting arrest and striking a policeman whilst on duty. Is this serious?
A. Yes. Unfortunately resisting arrest and striking a police office in the performance of his duties carries an extended gaol term. In your case the matter needs to be properly explained to the court to mitigate your sentence.
Q. I am a young person who has had a AVO taken out against me as it is alleged that I have had a sexual relationship with a minor. What do I do in the circumstances?
A. You will need to obtain the services of a competent criminal lawyer to aggressively defend you with respect to the AVO. Under no circumstances whatsoever should you speak to the police given the gravity of the allegations against you and rely upon your right to silence. If the police call on you then you should refer them to your lawyer and if arrested the police should give you the opportunity to contact them prior to being interviewed. In all these cases it is absolutely imperative that you be properly represented and say nothing to anybody in any context whatsoever about this matter. The success or otherwise of these types of cases often depend upon whether you have made admissions including what other evidence you have furnished to the police which provides them with an opportunity to obtain further information against you.
Q. Recently I was charged with sexual assault by my ex-wife who suffers from mental illness. She has a history of bizarre behavioural problems but despite this the police would not listen. What should I do?
A. Any form of sexual assault is a serious matter which can lead to a long term of imprisonment. Under no circumstances should you make any admissions to the police thereby exercising your right to silence. Given the seriousness of the allegation you should retain a competent criminal lawyer who can assist you to deal with this matter. Fortunately you will be put to unnecessary expense and unless the police have acted maliciously the costs to defend yourself are not recoverable.
Q. I lent some money to a friend who was in financial trouble on strict terms and conditions about repayment. Subsequently he defaulted and I continued to discuss the matter with him until he indicated he wasn’t going to pay me back. During the course of discussions it was agreed I would visit him at his home to ascertain what could be done to remedy the situation. I attended his home and after much discussion a fight broke out which led to him being hospitalised. What should I do?
A. Given the serious nature of what happened you should immediately retain a competent criminal lawyer to assist you. Serious assault cases can lead to extended periods of imprisonment if there are no mitigating circumstances.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified criminal lawyers in Sydney, Melbourne and Brisbane.
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Understanding The Law....intellectual Property Law

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Q. I am in the retail clothing business and bought some stock from a number of manufacturers. Subsequently I was approached by solicitors from a designer accusing me of infringing copyright as I was selling her designs. What should I do in the circumstances?
A. There are a number of things but the first one is to retain an intellectual property lawyer to deal with this copyright issue. There are any number of questions which come to mind with one of the most important being whether there was any holding out by you whether these particular clothes were in fact designed by the other solicitor’s client. Effectively the matter needs to be negotiated so that your position is fairly put whilst at the same time ensuring that you do everything necessary to prove that there has been no breach of copyright but you have to take the appropriate steps to cure this. Do not forget, if there has been a breach this can involve you in substantial costs including paying for the other party’s legal fees.
Q. I have a unique concept which I want to protect and don’t know what to do in the circumstances?
A. Ideas are not the subject of patents and therefore this protection is not available to you. Where you have a concept and it involves a design it cannot be protected if it is an idea. Where you have an idea it is the expression of that idea for which you can claim copyright. In order to further protect the expression of this idea it might be good to develop a trademark and have it registered.
Q. How is the Copyright Act 1968 protect copyright owners’ risks?
A. Basically the Act gives copyright owners certain exclusive rights to promote creativity and innovation with respect to their works. Normally anyone wishing to copy or reproduce copyright material will need permission from the copyright owner. There are certain exceptions which enable certain classes of persons to use copyright material without permission for restricted purposes.
Q. With digital and other emerging technologies are there traps for the normal consumer apart from copyright owners?
A. Yes. Under new legislation the new amendments will not allow you, for example, to upload a copy of a song from the internet.
Q. Is cybersqatting on the increase given that so much business is now conducted over the internet through specific domain names?
A. Yes. The registration of domain names is fairly simple but it is managing the renewals which a business may have at any one time during its life cycle which causes problems. Obviously businesses need to invest time and money in a comprehensive brand management strategy to protect themselves in this area.
Q. How does cybersquatting normally arise?
A. There are any number of well-known names or brands which are instantly recognisable to the public. Cybersqatters capitalise on this by registering in bad faith domain names which can be confused with or almost indistinguishable from these brands. As a result they take traffic away from the legitimate owners of the brands as they serve to confuse the market place. One strategy is to register a name and hopefully sell it back to the legitimate brand owner at an inflated price.
Q. What should I do to protect my brand as my business is increasing annually and it won’t be long before it is instantly recognisable?
A. Every business person or owner or company involved in the sale or marketing of goods and/or services should have a brand management strategy which should be totally comprehensive to ensure some level of real protection. One of the best ways of doing this is to closely align the business or company name and/or domain name and/or copyright of a slogan and to register a trademark to ensure the exclusive use of that name. Exclusivity is the key to your identify and therefore maintaining your market share.
Q. I have been running a business for a number of years and as part of my strategy I obtained a domain name but I have been recently contacted by solicitors acting for another party who indicate that I have infringed their trademark. What should I do?
A. Just because you have been operating a business for a number of years it does not necessarily mean that you have exclusive right to use that name. Obviously their client has a registered trademark for that name which provides them with exclusive rights to use the name in their area of business activity. Just because a domain name is available it does not mean that you cannot infringe somebody else’s trademark. Even where this arises inadvertently as appears to be the case here it seems that you are infringing their trademark and obviously they are prepared to take action against you which would prove extremely expensive if you do not retain a lawyer early on to assist you with this matter.
Q. What happens if a business is already operating under a particular name and has a corresponding domain name?
A. First you should consider whether or not you really need this name and if you require exclusivity you trademark it.
Q. Is it easy to register a trademark in Australia?
A. No. You do not know what you are doing and you will not know what outcome you have achieved without seeking expert guidance and assistance. This area of the law is rather complicated and the services of a competent solicitor should be engaged for accurate guidance and assistance. It is of note that the Trademark Act 1995 provides broad grounds for a change in registration so that genuine competitors are not disadvantaged by registration of a mark which they may honestly need to use in the course of their trade or business.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified intellectual property lawyers in Sydney, Melbourne and Brisbane.
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Understanding The Law... Conveyancing And Property Law

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Q. I can’t understand why conveyancing costs vary so much and what would be a fair fee to pay either on a sale or purchase of a property in NSW?
A. There is great variation in conveyancing costs as much of work is being carried out by unsupervised and unqualified staff. This practice has become widespread and no one can make any money out of conveyancing where the costs fall below $1,210 plus GST plus disbursements for a sale and $1,430 plus GST plus disbursements for a purchase. No one whether vendor or purchaser should forget that conveyancing is all about the transfer of title from one individual to another and if the work is not properly performed someone is in danger of not obtaining title which is unlikely to be discovered for a number of years until the property is sold. Why would anyone take this risk as the greatest single asset most people acquire during their life is their home, so clients should think very carefully before they accept any offer to convey property below this.
Q. How important is it to get legal advice in the area of commercial leases?
A. Most people today tend to believe that little expertise needs to be applied to both leases and conveyancing. This couldn’t be further from the truth. In the area of commercial leases there has been a recent decision of the NSW Court of Appeal which confirms how important it is for small business operators to get legal advice on commercial leases. In that case a tenant sued the landlord. In that case the tenant had failed to obtain proper legal advice and had not executed a lease leaving it open to the landlord to have him evicted causing the tenant to sue alleging that there was an informal or equitable lease on foot. The tenant lost as he had no formal right to run his business from that location and as a result he had imperilled his commercial interests and ended up having to pay the other party’s costs.
Q. I understand that there have been some substantial changes to retail leases legislation in NSW and Victoria and what impact do they have on landlords?
A. One of the most significant changes in NSW has been in the area of security bonds and as from 31 March 2007 all landlords are to deposit all tenants’ security bonds with the Director General of the Department of State and Regional Development irrespective of when the tenancy commenced. As a result it will become far more difficult for landlords to make a claim against the bond with landlords having to make a written application to the government setting out the basis for their claim. Should the tenant disagree with the claim then the dispute may be referred to the tribunal for resolution. Issues relevant to Victoria follow.
Q. Under these amendments are promotional or advertising levies caught?
A. Yes. Previously where landlords imposed levies on tenants they could determine how the money was to be spent. Under these amendments landlords are now required to advise tenants in advance how this money will be spent and need to provide a detailed explanation to tenants every six months setting out the basis on which the funds were expended.
Q. Although there have been a number of changes introduced in Victoria under the Retail Leases (Amendment) Act 2004 will they have the same impact?
A. No. The thrust of the Victorian amendments is that landlords, their agents and prospective purchasers must be made aware of these amendments and others in order to comply with their obligations under the Act to avoid penalties. Under the Victorian legislation the definition of retail premises has been amended to include part of the premises which are used wholly or predominantly for the retail sale or hire of goods or provision of services. The application of the legislation is far more straightforward than before.
Q. Is it true that the Victorian Government has made amendments reducing landlords’ obligations to maintain and repair retail premises?
A. Yes. Originally landlords were required to maintain leased premises in good order, condition and repair. Following the changes landlords are now only required to maintain the premises in the same condition that they were in at the time that they were leased or to any higher standards specified in the lease,
Q. Under Victorian legislation are there any significant procedural changes which have been introduced?
A. Yes. Some concern the time at which tenants are to be given a copy of the executed lease from the provision of disclosure statement by the landlord to the tenant and notification of renewal of a lease to the Small Business Commissioner. In both NSW and Victoria following the recent changes to the relevant Retail Leases acts lawyers should be retained to advise both landlords and tenants with respect to any matters arising there under.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified conveyancing property lawyers in Sydney, Melbourne and Brisbane.
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Understanding The Law... Building & Construction Law

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Q. My next door neighbour has backfilled behind a decorative wall on one side of my property which is within my boundary and despite repeated attempts to stop this my neighbour continues to disregard my wishes. Is there anything I can do?
A. You need to retain a solicitor to write to your neighbour to serve them with notice that this practice is to stop and that they are to remove the backfill from your premises otherwise you will obtain equitable relief and take action against them for trespass.
Q. I went to a large well known building company which is involved in the design and construction of luxury homes. Some years ago I obtained a DA but construction has still not gone ahead as I had some reservations on the design. I have had a number of conversations with them and nobody seems to want to do what I want. What should I do in the circumstances?
A. There are a number of choices available to you including the following:
(i) Find another builder.(ii) Negotiate with your current builder to find a satisfactory way of having your instructions carried out.(iii) Buy the plans from them and have another builder do the building work for you.(iv) If you have signed a building contract with them then seek specific performance.(v) If there are misrepresentations involved then pursue your remedies at law.(vi) If there are any breaches of the Home Building Act, Trade Practices Act or any other Act then pursue your remedies there.
Q. I applied for a DA some time ago to build some home units and for a variety of reasons only limited work has commenced on site. I wish to maintain the DA and on sell the property which will be far more valuable if this can be done. What can I do?
A. Obviously if you allow the DA to lapse you will have to apply for a new one which you may find it difficult to obtain. Irrespective you will need to prove to the local council that substantial works have commenced on the site and provided you have enough time you should carry out substantial earthworks which may assist you in this regard.
Q. Do I have to go to the local court to take action against a builder for defects?
A. No. Often where small building matters are started in the civil claims court the CTTT will refuse to accept them as it considers the former venue to be a more appropriate one within which the matter is to be heard.
Q. Do solicitors have an automatic right of appearance before the CTTT?
A. No. If the value of a building claim before the CTTT falls below $25,000 solicitors must approach the tribunal for leave to appear on behalf of their client.
Q. Do lawyers bring any value to proceedings before the CTTT NSW?
A. Yes. Often irrespective of the value of the matter before the tribunal complex contractual issues may arise where the member would appreciate some assistance in this regard.
Q. Do lawyers have any automatic right of appearance before the CTTT?
A. Yes. On matters over and above $25,000 up to the jurisdictional limit of $500,000.
Q. Are experts’ reports important in building and construction and home warranty matters?
A. There is a significant variation in the types of reports which are required for a wide range of building matters. Often these reports go to the heart of the matter and serve to explain issues which are essential to the court or tribunal’s understanding of what has or has not occurred. In home building matters experts’ reports are required not only to identify the range of defects but also to quantify and perhaps suggest rectification or repair as appropriate.
Q. When is home warranty insurance not required?
A. Where the value of the works is less than $12,000.
Q. How long is the defects liability period?
A. 13 weeks.
Q. For how long does home warranty insurance provide protection?
A. For six years.
Q. Are licensed builders required to perform all building work in NSW?
A. No. For a building work above $1,000 licensed contractors are required but with large building works that is, above three storeys, there is no current licensing regime for builders who service this area.
Q. What does home warranty insurance cover?
A. Formerly it used to cover both defects and the death, disappearance and insolvency of the builder, however today defects remain to be addressed directly by the builder with the latter three categories the subject of insurance.
Q. I have designed and constructed a number of houses over many years and I am concerned as to whether I could be pursued by a building warranty insurer where they have settled with the claimant and my involvement has been zero?
A. Yes. The old system was predicated on the basis that the insurer would either pay to have the works rectified or cash settle the matter. Irrespective once this had been done the builder would be pursued to recover the monies paid to the claimant.
Q. Are all defects recoverable from the builder?
A. Where the defects are within tolerance then neither rectification nor compensation can be claimed from the builder.
Q. Is it normal to prepay the builder prior to the commencement of works?
A. Where the value of building works is less than $20,000 a 10% deposit is required by the builder. Where the value exceeds this figure then only a 5% deposit may be claimed. As for other payments relating to the building works they may be either preclaimed or claimed during the course of construction. With most building contracts there is a retention which can be held back pending satisfactory completion of the works mainly to cover defects.
Q. Should a home warranty certificate be sighted before the builder commences work on site?
A. Yes. Although building warranty insurance is of limited value as it now no longer covers defects it is extremely important where builders or building companies go to the wall which occurs with greater frequency in times of an economic downturn.
Q. What should I do where I am physically threatened by the builder and I am dissatisfied with the progress and quality of the works performed?
A. First you should report it to the police. Second - retain a lawyer and obtain independent legal advice. Third - if you are in arrears bring the arrears up to date. Fourth - refuse to pay where the builder is clearly in breach of contract. Five – check all variations to ensure that they are properly claimed and are within time.
Q. How effective is disputes resolution when dealing with Australian construction and infrastructure projects?
A. Parties in dispute are often dissatisfied with the disputes resolution procedures in contracts. Unfortunately disputes are widespread throughout Australia and are normally associated with cost overruns irrespective as to how or why they arise. Essentially the majority of parties are not satisfied with the time, cost, process and outcome of disputes resolution. A lot of this can be traced back to insufficient time being applied to disputes resolution clauses at the time of precontractual negotiations. As in all these cases very little time is spent on precontractual matters with some contractors preferring to issue documentation themselves without referring it for proper legal advice to avoid these issues. The fees charged in this area are not a cost but investment in the future and it gets back to the age old adage of being penny wise but pound foolish. Who can afford the increased costs of unsatisfactory disputes resolution or litigation when the real money should have been spent up front obtaining proper legal advice and assistance rather than throwing buckets of money at a process which will surely leave one party badly disadvantaged and potentially wearing substantial costs.About the AuthorNominate a Lawyer is a network of carefully selected, highly qualified building construction lawyers in Sydney, Melbourne and Brisbane.
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=133591&ca=Legal

The Law Of Attraction And Its Counterpart: The Law Of Resistance

Author: Megan Jenifer
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This law is simply another way of looking at the Law of Attraction in action. The Law of Resistance takes into account pushing against something. An example of a statement that points to this law is, “I’m fighting against the war on terror.” Another example is, “I am anti-abortion.” Most often though, the Law of Resistance is activated simultaneously with the Law of Attraction when we use contractions like ‘don’t’, ‘won’t’, ‘can’t’, ‘shouldn’t’, or ‘wouldn’t.’ What usually follows the contraction is the subject of our resistance. If you’re so intently focusing on being against poverty, by making statements like, “I can’t beat the system.” The system is the focus of your resistance, and the Law of Attraction doesn’t respond to the “can’t” part…only the emotions connected to the subject of your resistance (the system). Constantly focusing on the system and what hindrances you experience because of it, make it persist longer in your life.
Most of us do this unconsciously. We focus so much on what we don’t want and what we don’t like, that we never really take the time to concentrate long and often enough on what we do want and do like. This is where perception plays a large role in the outcomes that people have. We notice cases everyday where a person’s attitude dictates the rest of their life. If they operate with a negative disposition most often, they are presented with more negative situations and circumstances. The same is true for someone who notices or cares to recognize the positive in all situations and the desired outcomes. They seem to have more “blessings” and lucky breaks. Self-perception plays a major role in all of this. When you feel empowered, you’re more likely to have a loftier stance. When you feel disempowered, many people begin to identify and wear “helplessness” and blame as a badge of honor. Those who change, do so consciously and with faith.
Michael Losier, in his book The Law of Attraction, gives a very useful tool for changing your perception around statements that activate the Law of Resistance. He says to make two columns: one that lists everything that you don’t like or don’t want. The other column is where you would write a statement that reframes the resistance-filled statement with a statement that contains your actual desire. For example, the left column would contain a statement like this: “I don’t want to have to keep worrying about my bills.” The right column would read: “I am financially free. I always have more than enough to live with and give.”
Understanding that the Law of Resistance will rear its head almost instantly when working with the Law of Attraction can help people pinpoint the very thoughts that are activating this law and causing what they want to take longer to manifest. It takes willingness and belief to make thinking like this a habit. It’s a life-long commitment to positive perception, having the understanding that the negative helps to maintain balance and provide contrast.About the AuthorMegan Jenifer operates the blog http://www.TheLawofAttractionStation.com, which is all about The Law of Attraction. She loves giving away free stuff and is now giving away a free copy of her special report, "The Top 10 Ways Most People Repel Money." You'll get a free Newsletter subscription too!
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=185719&ca=Self+Help

Universal Law Series - Law Of Correspondence

Author: Tony Davies
I
This is the last of seven articles in the series covering the core seven Universal Laws. The focus of this article is the seventh Law – the Law of Correspondence.
Law of Correspondence
The Law of Correspondence tells us that our outer world is nothing more than a reflection of our inner world – as within, so without.
This is an extraordinary principle and really says that our current reality is a mirror of what is going on inside us. If our outer reality is unhappy, chaotic or unfulfilling it is a direct result of what is happening inside us. If we have low self-esteem, feel badly about ourselves or constantly feel anger, hatred or loathing, then our outer world will be a place of turmoil.
The truly sad thing is that it becomes a self-perpetuating situation – we feel badly about ourselves and our outer world is unhappy. The worse the outer world becomes, the worse we then feel about ourselves, which has a direct impact on our reality. To escape from this treadmill, it is critical to shift our paradigm.
Nothing in our outer lives can change without first making changes on the inside. In fact, the basis for all self-help is ‘change from the inside out!’ It does not matter one iota what we change on the outside, if we haven’t done the work to change on the inside. Our reality will continue to evolve so that it is a reflection of our inner beliefs and world.
In all cases, our outer world reflects our inner world in every way, shape and form. If we desire change in our outer world, we must first change our inner world – our thoughts, beliefs and attitudes. Stated another way, our current situation is a direct result of the way we think. If we want to shift our paradigm, then we must change the way we think!
We have total and complete control over only one thing in life – our thinking. It is not until we change our thought patterns to focus on what it is we truly desire, that we can effect meaningful and lasting change. This is difficult for most people to accept, as blaming others for the things that are wrong in our lives has become common practice. Let’s face it – it is much easier on our egos to blame someone else for what is wrong in our lives, than it is to accept the responsibility!
The truly wonderful thing is that by taking control of our minds and thinking, we take control over all other aspects of our life. This is the key to personal happiness, freedom and peace of mind! By focusing exclusively on what it is that we truly desire, and by eliminating all thoughts of what we don’t want, we can begin to shape, mold and build our lives to our own specifications!
What You Can Do
There are three things that you can start doing immediately that will help you to begin to build the life you desire:
1. Take a hard and objective look at your current reality - career, relationships, health and financial situation. Ask yourself the question “How are my inner thoughts and attitudes being reflected in my outer world?”
2. Take full responsibility for whatever is happening in your life, be it good or bad. Begin today by making the choice to change your thinking.
3. Begin to visualize the world that you truly desire and focus your thoughts on this. Ask yourself the question “In order to achieve this ‘outer world’, what changes will I need to make internally?” Whatever the required changes, take action today to start making them!
Understanding the Law of Correspondence is the first step towards taking control of your life. If you want positive change, look inside first and remember:
Change the quality of your thoughts and you will change the quality of your life!About the AuthorTony Davies is a Business Consultant as well as an Executive, Business & Personal Coach. An expert in the areas of Leadership and Personal Development, Tony helps clients to achieve more in life. To find out how Tony can help move your business or your life forward, please visit his website at http://www.momentumbusiness.ca and contact him directly.
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=23793&ca=Self+Help

Universal Law Series - Law Of Attraction

Author: Tony Davies
O
This is the sixth of seven articles in our continuing series covering the core seven Universal Laws. The focus of this article is the sixth Law – the Law of Attraction.
Law of Attraction
Simply stated, the Law of Attraction says that we attract into our lives, that upon which we place our dominant thoughts. In other words, if we focus predominantly on abundance, solutions and positive outcomes then that is exactly what we will attract back into our lives. Nice!
There is a dangerous flip side to this law however - if we focus on lack, problems and negative outcomes, then that is exactly what we will attract.
You may have heard of Earl Nightingale. Known today as the father of modern day self-help, Earl, while working in the insurance business back in the mid 1950’s, cut a record called ‘The Strangest Secret’. The purpose of this record was to provide some training for his staff while he was traveling on business. Earl’s strangest secret was simply this:
“We become what we think about most of the time!”
This ‘secret’ aligns perfectly with the Law of Attraction and acts as a constant reminder that we must learn to control our thoughts. Truthfully, our own thoughts are the only things in life over which we have complete control. The challenge is to keep them in control and not let them run rampant with negativity.
For an example of the power of the Law of Attraction, you need look no further than your own life. Have you ever had one of those days, where everything seems to go wrong? From the cold shower to the burnt toast to the traffic ticket on the way to the office, to the grouchy boss, to the difficult customer, we have all experienced those days. It all starts with the way we think. Our thought patterns attract the first negative experience. This experience then puts us in a negative frame of mind which works to attract further “bad” situations. The more we focus on the “bad day” we are having, the worse things get!
The solution is to change our frame of reference. Take the negative emotions and change them to be either positive or at least neutral. Look for the lesson in every situation. Learning to laugh at ourselves is another great way to change our reference point. If we break the cycle of negativity, things will begin to turn around almost immediately.
What You Can Do
There are two things that you can start doing immediately that will help you to harness the awesome power of the Law of Attraction:
1. Ask yourself the question: “Do I focus on Lack or Abundance (or stated another way, ‘Am I problem-focused or solution-focused”)? If you answered, ‘Lack / Problems’ then set out to immediately change your frame of reference. Change your habits and thought patterns to be more positive and solution-focused.
2. Take full responsibility for whatever is happening in your life, be it good or bad. You have attracted the good as well as the bad, so taking responsibility will allow you to make the choice to change your thinking.
Positive thinking on it’s own will not solve all of your problems, however it is one of a series of things that we all have the power to implement which will get us on the path to leading the life we want.About the AuthorTony Davies is a Business Consultant as well as an Executive, Business & Personal Coach. He is an expert in the areas of Leadership and Personal Development and in integrating these two, seemingly different, disciplines. To find out how Tony can help move your business or life forward, please visit his website at http://www.momentumbusiness.ca.
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=18366&ca=Self+Help

Universal Law Series - The Law Of Expectation

Author: Tony Davies
T
Law of Expectations
Simply stated, the Law of Expectations tells us that whatever one expects, with confidence, becomes a self-fulfilling prophecy. When one expects with confidence that good things will happen, they usually will. If, on the other hand, one expects a negative outcome to a situation, then the outcome will usually be negative.
Our expectations play a key role in our own outcomes and they also have a remarkable effect on the people around us. What we expect from those around us determines our attitude toward them more than any other factor. In turn, the people around us tend to reflect our attitudes right back at us - whether the expectations and attitudes are positive or negative, good or bad.
Dr. Robert Rosenthal of the University of California – Riverside, has spent more than 40 years studying the idea that one’s expectations for the behavior of another, can become a self-fulfilling prophecy. His years of experimentation show this to be true. In his landmark book, “Pygmalion in the Classroom”, Rosenthal tells of case after case where teachers were told that a student, or sometimes a whole class, was extremely bright and was predicted to make a quantum leap in academic performance in the coming year. Even though the students were randomly chosen from the school population at large, provided the teacher believed that the student or students were exceptional and expected them to excel, the students performed at much higher levels than other students in the same or similar classes, and vastly better than could have been predicted by previous grades or behavior.
The Arbinger Institute (http://www.arbinger.com) has published a terrific book called “Leadership and Self Deception – Getting out of the Box”. While the book focuses on developing superior leadership skills through being true to one’s self, they talk a lot about the way we view others and the way we expect others to act – based on our own internal prejudices. They refer to this as “being inside the box in how we view others.” It is not until we choose to view others as they really are (i.e. human beings with valuable experiences, viewpoints and inputs) that we will be able to connect at a deeper level and achieve higher degrees of understanding and communication. In other words, it is not until our expectations of others change that we can change our own experiences with them.
Take a moment to think about your own expectations – of yourself and those around you. Your expectations exert a powerful influence on people and events, for good or for bad, so be extremely careful!
What You Can Do
There are a few things that you can start doing immediately that will help you to harness the awesome power of the Law of Expectations:
1. Always expect the best! Assume the very best of intentions on the part of those around you. There is no better place to start than home. Tell your spouse and children on a regular basis that you believe in them, that you think they are wonderful, that you love them and that you are proud of them.
2. Practice these same behaviors with your staff and coworkers. The very best managers, entrepreneurs, and salespeople are "high expectations" people.
3. Expect the best of yourself. Focus on your unlimited potential and imagine that you can accomplish anything that you put your mind to. Imagine that your greatest moments lie ahead and that everything that has happened to you up to now has merely been a preparation for the great things that are yet to come.
There is no mystery to achieving success - it is available to all of us. One need only be aware of, understand and, most importantly, live in accordance with Universal Law! Through expecting the best of yourself and others, you can attain the levels of success that you truly want!About the AuthorTony Davies is a Business Consultant as well as an Executive, Business & Personal Coach. He is an expert in the areas of Leadership and Personal Development and in integrating these two, seemingly different, disciplines. To find out how Tony can help you to move your business and your life forward, contact him through http://www.momentumbusiness.ca.
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=13538&ca=Self+Help

Universal Law Series - The Law Of Belief

Author: Tony Davies
T
Law of Belief
The Law of Belief states that whatever you believe with feeling and conviction becomes your reality. It is not until you change your beliefs that you can begin to change your reality and your performance.
Another way to state this law is in the context of having faith. All of the religions of the world talk about one’s ability to always keep faith, as being a key to happiness and success. Whether you choose to follow religious dogma or not, the Law of Belief is something which can either help you achieve success or keep you from achieving it – depending upon whether you live in accordance with the law.
You have heard the doubters and the naysayers out there who always proclaim, “I’ll believe it when I see it!” In reality, it is the other way around; it is not until you believe it, that you will see it (no matter what “it” is)!
Self-limiting beliefs are perhaps the most detrimental of all thoughts, since they absolutely will keep you from the success that you may want, but don’t believe you can attain. There is an old saying that states,”whether you think you can or you can’t, your right!” This saying is completely congruent with the Law of Belief. Let me explain through the use of the following hypothetical situation:
You are up for a promotion at work. You have worked hard and feel you are ready, but do not believe with conviction that you will get the promotion. Perhaps you feel there are other candidates that are better or more qualified, or that you are indispensable in your current role (now there is a misguided belief!) or it may be some other negative thought pattern. If these are the beliefs that you are holding in your mind, it is almost guaranteed that you will not get the promotion. Why? Because your self-limiting beliefs will conspire to hold you back!
The Law of Belief, when understood and practiced, can help anyone to manifest those things in life that they truly want. The trick is that you need absolute clarity on your objectives; a solid plan to get you there and then must believe that you are destined to achieve them. As time passes, you must continuously reinforce this belief in your own mind.
One of the greatest challenges is to persevere and maintain focus on your goals, even when faced with seemingly insurmountable setbacks or obstacles. The interesting thing in these circumstances is that we tend to observe the world from a very narrow point of view - which is that obstacle are negative. In fact, obstacles help us to grow and can be positive! Sometimes things go awry and it isn’t until much later that we discover that, whatever the setback was, it was there for good reason. We learn and become stronger from the experience.
By maintaining faith, by continuing to live in accordance with the Law of Belief, we are able to achieve our goals, although the path may be somewhat different than we had originally thought! If however, we give up at the first sign of trouble, in other words, our faith or belief fail us, then we can never hope to reach our goals.
If you can learn to persevere in the face of all obstacles, then eventually you will create the reality that you desire.
What You Can Do
There are two action exercises, which you can put in place immediately, to help you in this area:
1. Begin to believe today, that you are destined to be successful in whatever areas you desire. Get very clear and focused on your true desires, make plans to achieve them and then believe, with absolute conviction, that you will achieve them. The universe will conspire to help you achieve it – once you believe it!
2. Get into the habit of acting as though you have already accomplished your goals and are the success you want to be. Your new behaviours will influence your beliefs, which in turn will help you to manifest your desires!
There is no mystery to achieving success - it is available to all of us. One need only be aware of, understand and, most importantly, live in accordance with, Universal Law! The first step is in beginning to believe that you will attain the levels of success that you truly want!About the AuthorTony Davies is a Business Consultant as well as a Business and Personal Coach. He is an expert in the areas of Leadership and Personal Development and in integrating these two, seemingly different, disciplines. To find out how Tony can help you or your business, please visit his website at http://www.momentumbusiness.ca and call him directly.
Published At: www.Isnare.comPermanent Link: http://www.isnare.com/?aid=11132&ca=Self+Help