Factors to Consider Before Choosing the Best Advocate for a Case

Choosing an injury lawyer can be a challenge. There are several out there. Some lawyers have their names and faces displayed on billboards, while others don’t even publicize. Some of them limit their practices to medical malpractice from catastrophic injuries and wrongful death. Others focus on asbestos and associated toxic poisoning cases. Some are specialized in slip and falls, car accidents and workers’ compensation.

Legal representatives come in all shapes and sizes. Although, they seem to be everywhere, choosing the right lawyer can be overwhelming when are injured. Let’s discuss how you can find and choose one of the leading accident injury lawyers who will be your best advocate.

Consider professional experience

A personal injury lawyer can have several years of experience or comparatively few. If the notary has been practicing for a number of years, he possibly will have such a heavy caseload that he would not be able to give your case the time needed. Otherwise, he may not be as eager as he was when he started off. And in such a case, he may not put his complete effort behind your case.

On the other hand, an experienced lawyer may be familiar with lots of claims adjusters from years of dealing with different insurance companies. He may have built a good working rapport with them. He may also have a reputation for not settling lawsuits if the offer is not good enough, or as a strong litigator with whom insurance companies do not like to fight.

A lawyer who’s just starting off may be seeking cases. She may be looking to develop a practice and be enthusiastic about accepting new clients. Many rookie lawyers have much more time to spend on your lawsuit than busier lawyers do. There is a good chance they will fight as hard or harder for you than any public prosecutor you will find. Their fees depend on it.

In addition, as young lawyers don’t have a considerable caseload yet, they will perhaps be more accessible and willing to receive smaller cases. You can have a much better chance of seeing them in person or contacting them on the phone to discuss the status of your case.

An attorney can best advocate you for a car accident case

Perhaps the most significant way an attorney can assist you with your car accident case is by being your true advocate. This means, your lawyer acts on your behalf and for your benefit throughout the entire claims procedure in terms of negotiating with the automobile insurance company and even in court in case a lawsuit becomes essential. The legal representative is going to be your champion before the jury, judge and other attorneys, ensuring that your side of the story is heard and that you are recompensed for all of your losses.

Having a specialized and articulate advocate working for you is necessary when it comes to obtaining a fair and reasonable resolution in your car accident injury case. Hiring someone knowledgeable handling your case eases the burden on you, which is really important if you have been badly injured and are trying to get over your injuries.

Salvia Divinorum should not be used as party drug

What is Salvia Divinorum: Salvia is a plant which has minimum 100 species. But Salvia divinorum is the most popular species of salvia. It’s the part of very large family which name isLabiates. Most of the people plant this salvia for psychoactive effects. It also enhances the beauty of house. The botanical meaning of this plant is “Sage of the Diviners”.  Besides it has been used for hundred years in religious occasion in India. Salvia divinorum is a confused plant which has received enhancing concentration for its recreational use, particularly among young people in the United States. Salvia is propagated from southern Mexico, where it was used by people of the Mazatec a culture. Thesubstance is demolishedorally with different ways. Read our .tips for quitting tobacco

Several methods of taking: There are different methods are available for taking this Salvia Divinorum. People can enjoy salvia with Mazatec method which means taking leaves directly, quid method, by smoking or with tea. These ways are very popular when someone wants to take salvia.Mazatec method means that the fresh leaves are taken directly. Plenty of fresh leaves are needed for this Mazatec method. In this method first of all the leaves are crunched and then people swallow. It works for long time but it is not tasted well. Most of the users are compatible to this method. Besides, people are habituated to taking salvia with tea. It tastes better than directly. Moreover people take it by chewing the leaves which method is also familiar. This method is called quid method. Quid method is applied with dry leaves or fresh leaves though maximum users use fresh leaves in this method. A cylinder or sphere shaped ball are generated for covering the leaves. Then users crunch the leaves for half an hour. It doesn’t work for long time. But now the large number of users takes it by smoking. This modern method is very appealing to the users.

Uses:Some new users think that salvia is a party drug but actually it doesn’t work as like as alcohol and Cannabis.  It can’t bring the real party mood to the people. It is mainly used for religious purpose. Besides, vastly usage of salvia is in mediation. For bringing real concentration it can be a good option. When people feel mental depression in their mind they can taste it with sitters or real close friend in a quiet place. Otherwise, the bad effect can be showed. Calm and quiet place should be selected for this herb or plants.

Legality: Salvia got the legality in most of the countries though some country totally banned on salvia selling as like as Belgium, Germany, Spain and Denmark.

Three Key Elements To The Creation Of A Contract

If you are entering into any sort of agreement with an individual, and money, products, or services are changing hands, it is a good idea for you to write a contract. A legal contract will protect you both, by outlining your obligations. If anything goes wrong, you will have something that you can take to court to help you receive adequate compensation. Receiving what you deserve is much easier if you have a contract. However, not all contracts written by two parties are legally binding. In order to have a legally binding contract, you need three basic elements to be present in the document. You need competent parties, compensation, and a meeting of the minds in order to have a legally binding contract.

The first key element to the creation of a contract is that both parties must be of sound mind, and they must be legally able to enter into a contract. Minors cannot enter into most contracts without parental consent. However, minors can independently enter into contractual agreements for basic necessities, such as food, clothing, and shelter. Minors can also sign contracts for student loans. Individuals under the influence of drugs or alcohol cannot enter a contract. Also, individuals who suffer from a mental illness that prevents them from making rational decisions cannot enter a legally binding contract.

The second major aspect of a contract is compensation. Compensation refers to both the payment made and the service or product received. You cannot have a binding contract that requires one or both parties to commit an illegal action. If you hire a hit man, have him sign a contract or enter a verbal agreement, and he fails to perform the murderous task you specified, you cannot take him to court for breach of contract. You also cannot have a valid contract where the compensation is an illegal item, such as drugs or stolen merchandise. For the contract to be valid, both parties must receive some sort of compensation. There cannot be a valid contract wherein only one person receives money or services. The compensation must be reasonably equitable as well, in order for the contract to be upheld in a court of law.

The third major aspect of a contract is a meeting of the minds. Both parties must fully understand the agreement. One way to ensure that a true meeting of the minds has been accomplished is to put as many details as possible into the contract. For example, if you are trying to sell a car, describe it in minute detail. This will prevent your buyer from protesting that they thought they were buying a car in a different color or with fewer miles. Details will help strengthen your contractual agreement.

Contract law is a complicated and complex legal area. Legal scholars spend years studying its intricacies. Although these are three of the basic elements of a legally binding contract, other factors can come into play. If you have any legal questions about your contract, consult a lawyer.

Legal Malpractice Law In Usa

Legal malpractice:

When the patient is injured by the negligence of doctor, doctor bears the legal responsibility. When the driver of car rash and negligently drives a car and causes the death of person, a driver bears the responsibility. When the building collapses as the poor construction work of contractor or engineer, an engineer or contractor bears the responsibility.

Similarly, the laws related to legal malpractice in USA are made to compensate the clients by Attorneys.

An attorney is always the defendant in legal malpractice case. Legal malpractice is an act of attorney which causes harm to the client when the attorney breaches his fiduciary or contractual duty towards a client.

It is also become common in USA that when attorneys sue clients for attorneys’ fees, many clients assert malpractice as a defense.

Legal malpractice and unauthorized practice of law:

Although both the term refers to an act towards the client, there is quite difference between the both. It is the right of an every individual to represent them before the court. When the person represents others, it requires proper education, training and an experience. A lawyer needs to act / practice within the scope/ definition of practice of law[1]. When he breaches such duty it amounts to unauthorized practice of law. E.g. practice of law by Californian attorney in New York without the license from the bar council of New York.

Professional responsibility and Legal malpractice:

While the Professional responsibility encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests[2]. Legal malpractice occurs when there is a breach of professional responsibility towards the client

Legal Malpractice and Legal Outsourcing:

An attorney is not said to made legal malpractice by outsourcing legal process to outside providers. However the law requires that client has the information about his work being outsourced to the LPO providers, and there shall be supervision by an attorney towards the work performed by LPO providers. There is also an opinions of American Bar council and many bar council of the states as to the outsourcing the legal process and have opined that there is no unethical practice involved in outsourcing legal process to LPO providers.

Governing law:

Most of the civil laws of the states in USA govern the law related to the Legal malpractice. Federal law is also applicable when it relates to a federal question. Besides the judge made law, ruling, decisions and opinions on the cases will govern the Legal malpractice cases.

An attorney also subjected to the criminal law if he commits fraud/ theft on the client account.

Ethics of the bar council of the state also govern in initiating the disciplinary proceeding against an attorney.


Generally cases are brought before the state courts where the case was filed / where the attorney represented the client and the breach is occurred. However, case is also filed in federal district courts when it involves the federal question. Federal Courts would be having exclusive jurisdiction over the legal malpractice case when itrequires the resolution of a substantial question of federal patent law[3]. But it is still unclear about the jurisdiction of by state or federal courts when the cases arise form IP matters[4].

There is also an issue as to filing legal malpractice cases against the lawyers from other state. Case is particularly filed in the state where the attorney represented the client and in the state where the attorney has license to practice.

Statistics on legal malpractice:

Every 4 to 5 law professional out of hundred have to face a lawsuit in a year[5]. Each year, over 35,000 lawsuits are filed against insured lawyers for legal malpractice. Figure would be more if included uninsured lawyers[6].

Statutory limits for filing[7]:

Statutory limits for filing legal malpractice suit against the Lawyers varies from 1 to 4 years. It is 2years in Alabama, Alaska, and Arizona. In Nevada 4 years or 2 years from discovery, whichever occurs earlier.

In Louisiana State, case shall be brought unless filed in a court of competent jurisdiction and proper venue within one year from the date of the alleged act, omission, or neglect, or within one year from the date that the alleged act, omission, or neglect is discovered or should have been discovered[8]

In New York State, three years from the date of the legal malpractice or from the date until the attorney stops representing the client in that matter[9]. (NY CPLR § 214(6),)If it is against the minor if the victim is a child under 18 years old, his or her statute of limitations does not even start to run until he or she is 18, so normally it would expire on his or her 21st birthday[10]. In New Jersey, a lawsuit must be filed within six years of when the malpractice occurred[11].

In Pennsylvania, legal malpractice claim must be brought within 2 years[12] from the date the plaintiff should have reasonably learned about the malpractice. 

In Texas, the general rule is that legal malpractice cases must be brought within two years from the time the injured party knew or should have known of the legal malpractice[13]. Likewise different states have adopted different types of statutes of limitations and the beginning of limitation period and certain exceptions to the limitations etc.

Remedies/actions for Legal Malpractice:

When the client assigns his case to an attorney, he is expected to act prudently and within the contract with the attorney. How can a client tolerate with the injury caused by an attorney to a client? There are laws in USA to address these remedies; a client injured in a legal malpractice case can file a civil law suit against the attorney in the competent court of the state to recover damages. An attorney also subjected to criminal prosecution when he commits a fraud or theft on the money or the property entrusted with the attorney. A client can also bring the act of legal malpractice to the notice of disciplinary committee of the bar council of particular state where the bar council imposes sanctions including disbarment or the payment of fine to state bar association.

What amounts to legal malpractice?

A lawyer has the duty, in all dealings and relations with a client, to act with honesty, good faith, fairness, integrity, and fidelity. A lawyer must possess the legal skill and knowledge that is ordinarily possessed by members of the profession.

Once the lawyer and the client terminate their relationship, a lawyer is not allowed to acquire an interest that is adverse to a client, in the event that this might constitute a breach of the Attorney-Client Privilege. In addition, a lawyer cannot use information that he obtained from a client as a result of their relationship.

Every state in USA has adopted its own ground for claiming Legal malpractice. In general, legal malpractice may arises from

  1. Existence of professional duty to the person harmed.
  2. Professional negligence (violation of a duty owed to the client);
  1. Missing of deadlines for filing of suit within time limit law required by statute.
  2. negligent errors,
  3. negligence in the professional relationship,
  4. fee disputes,
  5. Breach of duty towards the client to provide with a detailed and accurate account of money or the property handled. Mishandling of client money.
  6. Failure to show cost involved in court fees and other reasonable expenses from the money advanced to an attorney.
  7. Fee-splitting arrangements with non-attorneys.

10. Any types of error that would have been avoided by a lawyer

  1. Disclosure of confidential information.
  2. Giving improper advise

13. Preparing the documents improperly

14. Failure to file a documents

15. Making faulty analysis in examining the title to the real estate

16. injury caused to a third party

17. Breach of Fiduciary Duty

18. Conflicts of Interest e.g same lawyer or firm representing both the sides in law suit.

19. Failure to Properly Investigate & Perform Discovery

20. Errors During Trial

21. Improper Settlement

22. Improper Documentation

23. Accounting Malpractice

24. Probate & Estate Planning Legal Malpractice

  1. Failure to meet court deadlines.
  2. Failure to act within the statute of limitations.
  3. Failure to return phone calls or communicate with a client.
  4. Failure to resolve conflicts of interest.
  5. Failure to know the law or perform adequate research.
  6. Abuse or misuse of a client’s trust account, including commingling trust account funds with the attorney’s personal account.
  7. Improper withdrawal from representation.

32. Failure to file a lawsuit or motion in time

33. Overbilling

34. Failure to obtain client’s consent before agreeing to a settlement / plea bargain

35. Failure to discuss a settlement offer with client

36. Failure to file a case before the statute of limitation expires

37. Making mistakes in drafting contracts, wills, trusts, and other legal documents

38. Failure to present relevant evidence at trial

Burden on the Plaintiff:

Filing a legal malpractice suit is not an easier one; a plaintiff needs to establish certain things against the lawyer. There is a burden on the plaintiff to show cause that there are prima facie grounds against the lawyer to prove legal malpractice. Burden of proof also may vary defending on the law of the state. In general plaintiff needs to show following Prima facie elements

1. must establish that there is an attorney and client relationship.: an attorney client relationship can arise by either express agreement or by implication from the parties actions.

2. Must prove the breach of duty toward the client (breach of contract/ violation of standard of care) e.g. Not representing client properly, not filing documents in time, misusing the money and property entrusted with the lawyer.

3. That the negligence was a proximate cause of an injury: A plaintiff needs to show that the negligent act of the defendant was the proximate cause (and not some other reason) of the damages to the plaintiff (person filing the lawsuit).

4. Must prove that the client was injured due to the malpractice. If there is no injury, then there is no ground for proving the case case.

5. Damage: Plaintiff shall prove the damages actually suffered and the nature and amount of the damages suffered. Even if all other elements are proved and the damage is not proved the case is likely to be dismissed.


  1. Error due to an issue of law was unsettled or debatable.
  2. The  “Attorney Judgment Rule”: under this rule a lawyer is not liable for small errors in the judgments where the attorney made those judgments in good faith
  3. Changes in the law – A lawyer shall not be made responsible for wrong advice, merely because the attorney’s advice or representation turns out to be faulty based uponsubsequent changes in the law.
  4. The “Case within a case”(suit within a suit) – this involves a retrial of the original litigation within the context of the subsequent malpractice action – a case within a case.
  5. attorney-Client Privilege – In defending against an accusation of malpractice, a lawyer may be permitted to use what were formerly privileged communications from the plaintiff in order to respond to plaintiff’s accusations.
  6.  Proximate Cause: attorney’s negligence did not proximately cause[14] of his client’s claimed damage. An attorney take defense as to his negligence was not the proximate cause of the damage to the plaintiff.

In one of the case, anattorney had made a mistake in the legal description of land encumbered by a mortgage that he was retained to foreclose which delayed the sale of the property, giving the mortgagor time to raise the money required to redeem. The attorney’s client sued him for malpractice, seeking to recover the loss of the increased value of the property. A jury awarded the client $55,000 in damages. On appeal, the reviewing court stated that the attorney’s negligence, if any, could not be a proximate cause of the client’s loss.

Similarly failure to obtain expert witness, failure to submit affidavit, failure to join parties in litigation, failure to file a complaint, late filing of answers to request for admissions, failure to adequately investigate party’s assets and insurance coverage, failure to inform client of dismissal of case, failure to prevail on a meritless defense, failure to uncover evidence in suit on option contract, failure to move for judgment n.o.v., failure to inform bankruptcy judge of bid for bankrupt estate, failure to submit affidavit prepared by client, failure to “adequately” represent client, failure to invoke a statutory defense, failure to prevent client’s suicide, failure to identify all of spouse’s assets, failure to move for default, and failure to inform client of settlement offer would not always be ground for legal malpractice unless there is a proximate cause of the Attorney[15].

[1] the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits,

The Family Law Representation You Will Never Find Anywhere Else In Salt Lake City

We offer quality service that is tailored to meet any family law representation need that you may have. The practice areas we specialize in include juvenile court actions, custody, divorce, and support. Our dedication to serving our community, our belief in making quality legal services affordable and accessible, and our experience make us a team of hardworking, compassionate advocates. We will be glad to serve you.

As family law attorneys Salt Lake City we have over 35 years’ experience in the settlement of:

  • Family Law, Paternity, and Divorce
  • Support
  • Custody
  • Paternity
  • Premarital agreements
  • Separation
  • Divorce
  • Divorce settlement modification
  • Motions if a parent moves away
  • Juvenile court actions
  • Grandparent rights
  • Alimony
  • Divorce

When the bonds of marriage are broken, you need the best legal representation on your side. As family law experts, we represent clients in all areas of divorce. Property, support and custody issues are often clouded by emotions in divorce proceedings. We protect your financial and legal interests while helping you handle the emotional issues. This method ensures that you leave the marriage with an equitable and fair resolution.

We recognize the pain, and emotional trauma individuals suffer during a divorce. For this reason, we give our clients the experience and time required to guide them through this difficult experience.

law-links.pngChild Custody
We represent clients in visitation, custody and parenting time matters. We guide clients in the enforcement, design and modification of parenting time, visitation and custody orders.

Complex Property Division
We fully understand the circumstances and unique challenges that may arise in dividing marital property and how to resolve issues quickly. We use experts in high-asset divorce cases, including forensic accountants and valuation experts. We have the experience and skills to identify potential issues and create a strategy to serve the individual needs of our clients.

Our Commitment to Our Clients
From the moment a member of our legal team begins toe process of representation, a partnership is formed and all your legal issues become our own. We have earned a reputation as determined, hardworking and responsive to the needs of our clients. Through effective communication, we keep you updated on the status of your legal affairs, and we have the necessary  experience to get results.

Our Attorneys
Our attorneys are respected for successfully representing clients in need of family law services, separation maintenance, divorce, child support, custody,visitation and paternity. There name is well recognized as “the” family law attorneys in Salt Lake City. They have handled hundreds of cases involving complex and difficult issues in various courts. They have appeared and won cases in Courts of Appeal and the Supreme Court.

 Professionalism, Knowledge, and Cost-effectiveness
We offer you the advantages of a highly focused, small-sized law firm, but with the benefits of a national law firm experience. Our clients receive high-quality, sophisticated, intense legal representation, at affordable rates.

We always endeavor to reach a cost-effective, fair resolution. In every case, our attorneys aim to bring about a civilized and quick resolution. When it is not possible to accomplish that, we offer professional legal representation. We have developed a reputation in attending to the individual needs of our clients and as experts in family law.

We have an unparalleled philosophy in handling issues in the area of family law. We believe that all clients deserve the best legal representation and individual attention. Based upon the philosophy we have created a respectable law practice and receive several referrals from satisfied clients.

Community Involvement

We believe that we should make a contribution to the transformation of our community. We understand that lawyers can provide assistance in various areas. That is why our attorneys are also involved in social welfare activities.

As a small legal firm, we offer a personalized legal services. Call us now at 801-322-8879 for a free thirty minutes consultation or email us and one of our attorneys will make time to see you for a no cost consultation.

Securities attorney Phoenix- A blend of knowledge and self motivation

Everyone, once in their lifetime might have come across with a situation where they require the assistance of securities attorney. The main challenge faced is to find a proficient attorney who has an apt knowledge about their field and numerous laws attached with it. A securities attorney Phoenix is the one who comes to aid and proves helpful to the one going through turmoil. These attorneys take up any legal case that has anything to do with securities.

Securities come in numerous types. There are those subjected by the government or corporations and businesses like stocks, bonds, debentures, etc. These have all the terms and conditions pertaining to the possession and payment terms. These securities are remunerated either as a final pay off or as a dividend. The dealings with respect to interests, dividends, or final payments can have different types of indiscretions which may devoid the procurer of any allied remuneration.

Few actions adopted by broking firms, brokers, etc. that call for the services of a securities attorney Phoenix include market manipulation, frauds, insider trading, cheating, and broker negligence. The services rendered by this attorney for these acts include litigation and trial, demonstration, and compensation. Apart from footing on behalf of the clients in different securities, a securities attorney also counsels his/her clients about their legal rights that come with their investments. An attorney should also tender indispensable arbitration services.

Normally a local security attorney Phoenix can help you prevail over any issues unusual to your state. First, and foremost, only a legal representative licensed in by the state where you are applying is allowed to dispute your claim at one of the hearing offices situated within the state. Second, a local attorney will be more known with not only these local bureaus, but the Administrative Law Judge who most likely will attend to your case. Additionally, your lawyer will have an office space site closer to the hearing than any out of state lawyer, plummeting the travel time, for both you and him once the hearing has actually been programmed. There are few things more significant than holding on to someone who is well-known with the local rules and individuals involved who will hold your claim.

An ideal securities attorney Phoenix for such a position will be one that pertains integrity and eminence to their work practices and who has very good judgment and reasoning skills. They must be able to converse both orally and in written form with employees that hold positions in diverse levels within a company so that affiliation can be formed to make the process function efficiently. Another sought after quality for a person applying for securities attorney Phoenix jobs is the knack to work on their own with little or no direction. They will require being able to balance business peril with any legal issues that may arise as well as being accomplished in negotiations that result in a win-win situation for all concerned. They must know how to work in very swift paced working surroundings as well.

Probing for securities attorney Phoenix online is also an excellent idea since you can get regular help from online directories. However, when preferring one, make sure that they are qualified enough to represent you in a resourceful manner.

Legal Remedy on Illegal Disconnection of Phone

Mobile or Telephone disconnection is so common thing that very few people take pain on  disconnection and think about the legality of the disconnection. The legal remedy rarely strikes in the mind of the people and matter is reported and resolved by the customer care department of the telecom Companies. But in most of the cases the disconnection is illegal, without following the due process of law. The disregards to the established procedure can cost dear to the Companies and they can be penalized for the same, if the customer is aware about legality of disconnection and resorts to legal remedy. The grounds of disconnection and legal position are explained hereunder;

Grounds of disconnection:

Non-payment of Bill: In most of the cases the phone is disconnected on the ground of non payment of the monthly bill.

Proof of residence: This is also a ground which is used by the companies for disconnection.

Credit Limit:  Some Companies fixed the credit limit of their customer and disconnect the connection on exceeding such credit limit.

Legality of such grounds:

The Telecom Companies are given license under telegraph Act, and regulated by the Department of Telecom and Telecom Regulatory Authority. As per the telegraph Act the phone can’t be disconnected without giving a prior notice to the customer. Any disconnection without giving notice is in utter violation of law and hence illegal.

The phone can’t be disconnected prior to due date of the payment of bill and even after the due date of payment without giving a proper notice to the customer. Some times this situation arises when the cheque given by the customer is either misplaced or credited in the account of other customer or the customer received inflated bill and refused to pay the same.

The Companies are required to verify the address of the customer before activation of the connection. But normally the companies activate the phone first and verify the address later on. Some time this creates confusion and wondering situation when the customer is asked to submit his documents for address proof and his phone is temporary disconnected. Companies contend that they received a negative report from verification agencies. In Most of the cases filed before the consumer courts it was held that such practice is in contravention of the rule of law and held the companies liable for deficiency of services. In the light of various consumer courts’ judgments the rule is settled that once the companies activate the phone connection they can’t disconnected the same without giving a proper notice to the customer.

Some Companies fixed credit limit of the customer and the phone is automatically disconnected the moment it exceed credit limit. Disconnection on this ground is also illegal unless the proper notice was given to the customer.

Other Problems:

Apart from disconnection the customer may also face some other problems i.e. Inflated bills, change in the tariff plan without his consent, additional services which were not subscribed by the customer, poor connectivity, withdrawal of outgoing facilities/ internet facilities etc. and non activation of such facilities after request for the same, bills after disconnection of phone or non disconnection after application for the same. All these also amount to the deficiency of the service and the customer can avail the following legal remedies.

Is it legal to purchase and sell ephedrine in Europe?

Due to the FDA ban on ephedrine in the USA, the legal aspects are not well_known and many people raise questions about buying ephedrine in the USA, in Canada and more and more in Europe where the legal context is globally different, as there are European laws and local country laws as well.

We will answer most of these questions here.

Legality of ephedrine in the USA

Ephedrine as a substance: it is legal to buy ephedrine as bronchodilator for asthma, given maximal quantities of 3.6 grams per sale and 7.5 grams per month if delivered per mail, 9 grams if bought locally. Legal obligation to check name and address of the buyer. Ephedra as a plant (Ephedra sinica or Ma Huang) is not controlled in the USA, both plants and seeds are perfectly legal in all US states for purchase and sale.

Legal status of ephedrine in Canada

Next to the ban of ephedrine by the FDA, Health Canada has requested recall of products containing ephedrine above the following dosage: 8 mg ephedrine per single dose or 32mg ephedrine per day. These limits still apply today. EC stacks are not allowed, nor references toweight loss on labels. Ephedra based products which are marketed for traditional medicine are still authorized if they don’t contain caffeine and if the above-mentioned dosages of ephedrine are respected.

Legality of ephedrine in Europe

  • France: banned in 2003, based on the decision made by the FDA (official explanation)
  • Belgium: banned in 2005, next to the FDA ban
  • Germany: only in pharmacies
  • Sweden: free
  • UK: in pharmacies and freely sold online for weight loss by UK based companies
  • Netherlands and Finland: prescription only
  • Spain: we didn’t receive references to the legal text, some members reported that they buy online without any problem.

Is it legal to buy from a country where ephedrine is authorized, to ship to a country where it’s not?

No. The legal rules apply, not depending of the country of origin.

Back to USA and Canada

Due to the close relationships these countries have, also in the pharmaceutical industry, there is a need of convergence regarding drugs regulations. Canada had to stand a point after the ban of ephedrine by the FDA. If you want to have a better idea of the real motivations of the US ban, you should have a look at the Canadian official texts about ephedrine: there is no reference to potential health risks but only concerted actions to fight against drug trafficking. For instance, here is an extract of the Canadian official position on ephedrine: « Synthetic drug producers require a continuous supply of precursor chemicals. Ephedrine and pseudoephedrine (PSE) are in the greatest demand as they are the primary precursors for methamphetamine. Until recently, the flow of large quantities of PSE from Canadian supply sources to methamphetamine ‘super labs’ in the United States heightened law enforcement concerns regarding the cross-border trafficking of PSE. »

Some people will probably worry about the fact that Canada did not authorize EC stacks (ephedrine + caffeine), which has not to do with drugs trafficking but with a real worry for the health of the population. Let’s close this point rapidly: yes, EC stacks present a cardiovascular risk at insane dosage, but no, they present no risk at the prescribed dosage.

Our frequent readers know that the FDA ban of ephedrine had other motives than adverse effects. The scientific basis of the decision was so poor that even pro-ban enthusiasts were embarrassed (including the pharmaceutical industry and the officials). Have a look at our post about the recent bills in the USA which will restrict even more the sale of ephedrine as cold and allergy medicine: the real target is to fight against the rise of meth labs in the country. Bad luck for the 12 million people who were taken ephedrine for weight loss without any health issue. When you think that in the same time, the American food industry is directly involved in the epidemic rise of obesity of adults and children as well, you could truly question the relation between legality and safety… Anyway, to come back to the FDA ban, the reasons of drug control won (ephedrine being a precursor of methamphetamine), but the medical evidence remains: ephedrine alone, or ephedrine plus caffeine (EC stack) present no risk at the prescribed dosage: for instance in this 2008 case-crossover study focusing on cardiovascular risks of ephedrine + caffeine, published in the American Journal of Epidemiology : « Prescription of an ephedrine / caffeine product was not associated with adverse cardiovascular outcomes. This was found across a wide range of patient subgroups, different cardiovascular outcomes, different assumptions about exposure, and different utilization patterns. »

Many other medical studies lead to the same conclusion: the FDA ban, meant for drug control, has prevented millions of people to benefit from the amazing effects of ephedrine for weight loss (fat burn through higher metabolism/thermogenesis, energy level, appetite suppression, lean muscle mass retention), and all this without any patent, just offered by Nature.

But law is law and applies to all. If the legality of ephedrine in your country allows you to buy ephedrine or EC stacks online, lucky you, don’t forget to check our review of most sites having real ephedrine for sale and not fake products without ephedrine alkaloids.

Is it legal to purchase and sell ephedrine in Europe?

Mar 31, 2012 • By Mike Budd • 234 Views

Due to the FDA ban on ephedrine in the USA, the legal aspects are not well_known and many people raise questions about buying ephedrine in the USA, in Canada and more and more in Europe where the legal context is globally different, as there are European laws and local country laws as well.

We will answer most of these questions here.

Legality of ephedrine in the USA

Watch: Ted Is Getting A Legal Question and Answers It
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Ephedrine as a substance: it is legal to buy ephedrine as bronchodilator for asthma, given maximal quantities of 3.6 grams per sale and 7.5 grams per month if delivered per mail, 9 grams if bought locally. Legal obligation to check name and address of the buyer. Ephedra as a plant (Ephedra sinica or Ma Huang) is not controlled in the USA, both plants and seeds are perfectly legal in all US states for purchase and sale.

Legal status of ephedrine in Canada

Next to the ban of ephedrine by the FDA, Health Canada has requested recall of products containing ephedrine above the following dosage: 8 mg ephedrine per single dose or 32mg ephedrine per day. These limits still apply today. EC stacks are not allowed, nor references toweight loss on labels. Ephedra based products which are marketed for traditional medicine are still authorized if they don’t contain caffeine and if the above-mentioned dosages of ephedrine are respected.

Legality of ephedrine in Europe

  • France: banned in 2003, based on the decision made by the FDA (official explanation)
  • Belgium: banned in 2005, next to the FDA ban
  • Germany: only in pharmacies
  • Sweden: free
  • UK: in pharmacies and freely sold online for weight loss by UK based companies
  • Netherlands and Finland: prescription only
  • Spain: we didn’t receive references to the legal text, some members reported that they buy online without any problem.

Is it legal to buy from a country where ephedrine is authorized, to ship to a country where it’s not?

No. The legal rules apply, not depending of the country of origin.

Back to USA and Canada

Due to the close relationships these countries have, also in the pharmaceutical industry, there is a need of convergence regarding drugs regulations. Canada had to stand a point after the ban of ephedrine by the FDA. If you want to have a better idea of the real motivations of the US ban, you should have a look at the Canadian official texts about ephedrine: there is no reference to potential health risks but only concerted actions to fight against drug trafficking. For instance, here is an extract of the Canadian official position on ephedrine: « Synthetic drug producers require a continuous supply of precursor chemicals. Ephedrine and pseudoephedrine (PSE) are in the greatest demand as they are the primary precursors for methamphetamine. Until recently, the flow of large quantities of PSE from Canadian supply sources to methamphetamine ‘super labs’ in the United States heightened law enforcement concerns regarding the cross-border trafficking of PSE. »

Some people will probably worry about the fact that Canada did not authorize EC stacks (ephedrine + caffeine), which has not to do with drugs trafficking but with a real worry for the health of the population. Let’s close this point rapidly: yes, EC stacks present a cardiovascular risk at insane dosage, but no, they present no risk at the prescribed dosage.

Our frequent readers know that the FDA ban of ephedrine had other motives than adverse effects. The scientific basis of the decision was so poor that even pro-ban enthusiasts were embarrassed (including the pharmaceutical industry and the officials). Have a look at our post about the recent bills in the USA which will restrict even more the sale of ephedrine as cold and allergy medicine: the real target is to fight against the rise of meth labs in the country. Bad luck for the 12 million people who were taken ephedrine for weight loss without any health issue. When you think that in the same time, the American food industry is directly involved in the epidemic rise of obesity of adults and children as well, you could truly question the relation between legality and safety… Anyway, to come back to the FDA ban, the reasons of drug control won (ephedrine being a precursor of methamphetamine), but the medical evidence remains: ephedrine alone, or ephedrine plus caffeine (EC stack) present no risk at the prescribed dosage: for instance in this 2008 case-crossover study focusing on cardiovascular risks of ephedrine + caffeine, published in the American Journal of Epidemiology : « Prescription of an ephedrine / caffeine product was not associated with adverse cardiovascular outcomes. This was found across a wide range of patient subgroups, different cardiovascular outcomes, different assumptions about exposure, and different utilization patterns. »

Many other medical studies lead to the same conclusion: the FDA ban, meant for drug control, has prevented millions of people to benefit from the amazing effects of ephedrine for weight loss (fat burn through higher metabolism/thermogenesis, energy level, appetite suppression, lean muscle mass retention), and all this without any patent, just offered by Nature.

But law is law and applies to all. If the legality of ephedrine in your country allows you to buy ephedrine or EC stacks online, lucky you, don’t forget to check our review of most sites having real ephedrine for sale and not fake products without ephedrine alkaloids.

The Legality of Betting Contracts

A wager or bet is defined as where something valuable is placed on the outcome of an uncertain present or future event, to which the wagering parties have conflicting views.

A bet is legally regarded as a contract, and it is an essential feature of such contract that there are no more than two parties to the agreement, and that one party will win and the other lose upon the determination of the event.

Many gaming transactions are not legally wagers. It has been determined in the UK that a bet placed with the Horseracing Totalisator does not constitute a wagering contract within the meaning of the Gaming Act 1845. Multipartite agreements such as lotteries and sweepstakes are not regarded as betting contracts, as it is not considered that the organizing bodies actually lose, as their function is to divide a net aggregate amount of the monies received.

It is an essential feature of a betting agreement that the stake must be the only interest which the parties have in the contract. The question of whether the parties are interested in more than the winning or losing of the stake depends on the substance rather than the form of the agreement.

The Gaming Act 1845 renders all betting agreements, whether oral or written, void and no action can be brought in the UK courts for the recovery of monies allegedly won on a bet. Although such contracts are voided by statute, they are not illegal.

Decided cases have held that no rights under law are conferred on either party, so even if the loser pays a dishonoured cheque in satisfaction of the bet to the winner, no right to sue under the betting agreement exists. However, if in the case of non payment of bets, the parties make a new agreement to pay, such as a promissory note, subsequent to the original betting agreement, this new contract can be enforced in court. Whether a new agreement has been made, or whether the action is based on the betting contract, and thus void, is one for the determination of the courts, and judges will look at the nature of the transaction and ascertain the true intentions of the parties.

Specific rules exist dealing with betting on licensed or registered premises. Gaming and betting on streets and public places, subject to the exception for certain games played on licensed premises, is prohibited and legislation in the UK sets out penalties for contravention.

In conclusion, betting agreements are generally unenforceable in court and such contracts are per se void under statutory law, despite the fact that the betting industry is worth hundreds of millions of pounds annually to the UK economy.

Is RMP Infotec Legal Profitable Business ?

RMP Infotec happens to be one of the most hottest network marketing companies in India and like any other reputed network marketing company in the world, RMP Infotec too gets heavily searched on the Internet.

Since network marketing is perceived to be a rather risky field, people generally have a lot of queries about network marketing, especially when it comes to successful companies like amway, RMP Infotec and all.

Though people have a lot of queries, everything ultimately boils down to just 2 questions:

1. Is the company legal?

2. What are my chances of making good money?

So let’s analyze these 2 queries. RMP Infotec was started in 2001 and has grown a distributor base of several lakhs in a very short period of time.

As far as legality of a company is concerned, it must be noted that a legal network marketing company banks upon real product sales to the end consumer instead of the distributor. As far as I can see, RMP Infotec has real products that benefits the end user so it looks like a pretty solid company to me.

RMP Legal documents are discussed here in detail.

Now comes the all important topic of whether a person can make money by being involved with rmp and my answer to this question may surprise many but nevertheless it needs to be told.

The whole question about making money with RMP is totally irrelevant. Confused? Let me explain.

All this while you might have heard that to succeed in Network Marketing, you need to have 3 components right:

1. Right Product

2. Right Compensation Plan

3. Good Leaders

Though product and compensation plan play a role in the speed of your growth, they aren’t the most important components. The reasoning is quite simple.

If product and compensation plan is all it took, then almost all should succeed by simply joining that particular company. Success in any network marketing company is not due to the company, because if it indeed was then all one needs to do is just enroll in a successful one. All of us do see distributors from good companies struggling and distributors from average companies experiencing wild success.

So what is the key component for success then? Is it the leaders who make all the difference between a success and failure? Not exactly. Yes leaders do form the main crux of a team’s success but it isn’t enough. The real answer that determines your success is the Promotional Methodology of your network marketing team.

The real thing that needs to be looked upon here is that the beggar cannot and will not sell even the BEST product(RMP infotec products). Unfortunately a lot of people promote their company thinking that anyone can join it and be successful. But I beg to differ. Only the skilled ones will ever succeed in Network Marketing. That’s exactly why network marketing leaders make so much money while others don’t even make a dime.

At the end of the day depends upon your marketing ability. If your leader is good and you aren’t, then it is your leader who will make the money, not you. So in order to succeed you need to know how to promote your business and that is why I called your team’s promotional methodology as the most important factor. So to achieve real success you need a good set of leaders and a great promotional methodology.

In network marketing, our success is not dependent not only on our individual performance but on our team performance too. So it doesn’t really matter how many you sponsor, it all boils down to how easily your team can duplicate your efforts.

Legal Issues of Offshore Outsourcing to India

Laws in India are always undergoing amendments, according to the needs of the changing times and in unison with International Laws and practices.

India has ratified the World Trade Organization (WTO) Agreement, which came into force on January 1 st 1995 and has also become a party to the Agreement on Trade Related Intellectual Property Rights. In the last few years, India has effected several legislative changes in copyrights, trademarks, designs, patents, and other issues besides enacting new legislations on bio-diversity and geographical indications. These measures have drastically reformed Indian laws on Intellectual Property.

Laws Governing International Contracts

When contracts transcend national boundaries, the national Legal Regime of any single country becomes inadequate to grapple with the situation. When the parties to the contract are located in different countries, at least two systems of law impinge upon the transaction and the rules of Private International Law come into play.

The best way to ensure the application of a particular legal system to international contracts is to choose a particular law to govern this contract. This law is called the “Proper Law of the Contract”. The Courts have held that “Proper Law is the law which the parties have expressly or impliedly chosen, or which is imputed to them by reason of its closest and most real connection”.

Indian courts uphold choice of law

When the parties in the Contract make an express choice of law, the Indian Courts have always recognized such choice of proper law. Previously in the US , though Courts generally honored the law chosen by the parties, the same was limited due to the holding that there should be some “reasonable relationship” between the transaction and the chosen law. This created some uncertainty. This legal quandary was fully removed by the New York General Obligations Law, which became effective on July 19 th 1984. According to Section 5-1401 of the said Law, parties are given freedom to select New York as their proper Law regardless of any relation to New York . However, where parties have chosen any law other than Indian Law, the choices of law have always been upheld by the Indian Courts.

Outsourcing parties are free to choose the law that will govern their contracts.

Under Indian Law, parties are free to stipulate their terms of contract and lay down the law by which the Contract is to be governed. Courts in India have held that the intention of parties would decide the law of which country would govern the Contract and which Court would have jurisdiction. Sections 13, 15 and 44A of the Indian Civil Procedure Code and Section 41 of the Indian Evidence Act, govern the conclusiveness and enforcement of foreign judgments in India . If there is a reciprocal arrangement between India and the foreign country whose judgment is sought to be enforced, then under section 44A of the Indian Civil Procedure code, the said foreign Decree could be executed as if it were a Decree passed by the Indian court without the need to file a Suit. If there is no reciprocal arrangement between the foreign country concerned and India , then the said Judgment/ Decree can be enforced in India by filing a Suit on the foreign judgment.

Guidelines to follow while entering International Contracts
Companies enter into International Contracts, as they are always profitable. The following aspects should be considered while entering into International Contracts, which would safeguard the interests of all the parties to the Contract:

o There should be an express choice of Law governing the Contracts.

o Ensure that the legal regime of the Country whose law is chosen, recognizes the proper law for enforcement.

o In cases where Contracts are signed in a country which is different from the country whose law is chosen, it should be ensured that the formal requirements of that place of Contract are fulfilled in all respects.

o Where the chosen Law is Indian Law and if Indian Judgment is to be enforced on any foreign soil, ensure that the said foreign soil has a similar law on the lines of Section 44A of the Indian Civil Procedure Code.

o Where Arbitration is chosen as the method of dispute resolution, the place of arbitration and other aspects have to be properly determined.

Outsource Court Reporter Services for the Legal Process

If your association will soon be confronting a court trial, the strength of your case will at first be predicted on the nature of witness depositions. From working environment damage claims to breach of contract cases, companies that would like to succeed in the courtroom should deliberately choose whom they procure as a court reporter. While the best court reporting service can inspire depositions that are clear, liquid and compact, court reports that need professionalism or the correct preparing can create depositions where witness’s answers are obscure, partial or verbose.

Technical knowledge:

Since the legal field is one of the most established callings on the planet, we regularly take an antiquated perspective of what constitutes the perfect lawful professional, concentrating on a singular ability rather than how well he or she transmutes that ability into today’s technological mediums. As far as court reporting, there are two fundamental technological services that you should search for in a court reporter services: intelligent ongoing reporting and remote Internet access. Constant reporting permits organization authorities to take after a case as it plays out progressively, making it conceivable to talk about the case without the individuals who are most acquainted with it “getting up to speed” the individuals who are definitely not. Web access to deposition records is an urgent time sparing apparatus too. As opposed to taking care of cumbersome transcripts, authorities can rapidly survey depositions from any internet terminal.

Selection Process of a Reporter:
There are various variables that different immaculate reporters from average reporters, including : knowledge, level of preparing and individual execution. The best court reporting offices offer just experienced reporters. While new reporters may be as capable as experiences ones, their ability is hard to judge without a more extended work history. In addition to knowledge, the best court reporter services additionally have preparing that permits them to address the issues of today’s court procedures, including: facilitated conveyance, intelligent continuous reporting and feature/content synchronization. At the point when a reporter has the right level of experience and preparing, his or her esteem is at last dictated by individual execution. Faultless court reporting offices just contract reporters that show quantifiable accomplishment, regardless of their level of experience and training.

Professional experience:

Since a deposition could undoubtedly go from being an agreeable meeting to a go head to head between court reporter and witness, its fundamental for court reporters to have a level of professionalism that permits them to stay fair-minded amid depositions. A professional reporter will see how to record a witness’s feelings and non-verbal practices and cease from interfering with the witness, while not as much as professional court reporter services have been known not and goad a witness, which can endanger the clarity of a witness’s reactions and their general state of mind toward the deposition process.

Tort On Negligence



In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are considered mandatory for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortuous act, he/ she are legally a Tortfeasor. Tortiuos acts include breach of duties imposed under statutory laws, causing bodily harm to other people, property, or infringing on another’s legal rights.for there to be a case under tort


This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied.

Duty of care

Breach of the duty

Experience of harm arising from that breach. Donoghue v. Stevenson [1932] AC 563, 561


A case of tort on negligence is only successful if the following five elements are met. Firstly, a duty of care must be evident. Donoghue v. Stevenson [1932] AC 563, 561. Given this fact, we also need to know whether the consequences of the defendants act were reasonably foreseen. In case of the family friendly fishing company and Neil, they are legally liable for the immediate harm caused to June and Gina. Kent v Griffiths (2000). In the case of jack versus the Gosford hospital, jack has no legal case against the hospital since the emergency landing that arose was not reasonably foreseen. Topp v London Country Bus Ltd (1993).

In addition to this, Gina and June have a legal case against the family friendly fishing company since there was legal proximity of relationship through the contract of hiring the boat. Home Office v Dorset Yacht Club (1970).

June and Gina have action against Neil and the family friendly fishing. This is because the company and Neil are professionals in this field and yet they breached the duty they are entailed to do. Bolam v Friern Barnet Hospital (1957).

June has no case against Grosford hospital since the process through which she lost her arm is normal since it does happen. In addition, the hospital done the best it could to help her and thus they cannot be accused of negligence.

The Mickey family and the Grosford hospital could all sue the family friendly fishing for damages. However in mitigation the company could claim that there were multiple causes for the injuries suffered, Wilsher v Essex AHA (1988).

On the issue of Gina and June the company could claim that the presence of the rare fish on the new south Wales coast was not a common thing and thus the fish could be a contributory factor for June and Gina’s accident.

On the issue of the Grosford hospital, the family friendly fishing could claim that the helicopter taking an emergency landing could have been a contributory factor to factor to June’s loss of her hand.

Jack may have a legally binding case against the Grosford hospital. Although this is, the case jack would end up losing at the end. This is because firstly there was no relationship of proximity either legal or physical between the incidents that triggered his condition. Caparo v Dickman (1990). In addition, the hospital could claim vicarious liability since at the time of the incident the hospital was on an external mission at the request of the family friendly fishing company.

Although Neil is liable for June and Gina’s initial accidents he is well protected by law. Although June and Gina have a case against Neil, Neil could claim protection under the vicarious liability clause.The vicarious liability refers to the notion that a person can and do become responsible or liable for other people’s liabilities because there exist a legally acceptable relationship. Such relationships might include parent-child relationship, or an employer-employee relationship. In this case, the family friendly fishing could be held liable for Neil’s liabilities since they are the employers.

Between the concerned parties, the most liable party is the family friendly fishing company. This is because all the parties concerned in the melee can all sue the family friendly fishing company. This is because the company’s negligent actions are the reason why each involved party is at a loss. The company should prepare itself for lawsuit and the family friendly fishing company should brace itself, to be legally prepared to pay special damages, general damages as well as punitive damages. On top of this, the company should also be prepared for the courts to issue an injunction against them if it is deemed necessary.


The five elements of negligence should be recognizable under tort law. However, as professor Robertson of Texas University has noted the five elements needs to be kept separate, this is because in practice there arises lots of conceptual mistakes or confusions.

The use of vicarious liability as a defense against a case of law on tort of negligence has widely been disputed over its rationale. Many scholars have argued that the use of vicarious liability is only intended to find legally a more solvent defendant.

In a legal perspective, the family friendly fishing company is supposed to pay special and general damages to Gina and June. This is because the company has caused the two irreparable damage because of its own negligent activities.

Damages awarded are usually compensatory but not punitive in nature. For the sake of the family friendly fishing company, the damages it would have to pay would most probably include a punitive element. The punitive element would arise if the employee, Neil would declare that indeed he had asked the company to change the boats gear, although the company declined. This refusal of the company to use standard tools for profiteering reasons would be termed as an act of maliciousness or acting in an callously indifferent way.

Strengthen Your Case With Long Island Lawyer

Legal matters can occur without a prior information and have full ability to put either involved parties in the dilemma and inconvenience. Many of us don’t have such spare time to go beyond the stated priorities and preferences to resolve these legal matters. You therefore need to avail services of expert and dedicated Long Island lawyers who can extend your legal matters to the competent to allow expected and permanent resolutions of the legal issues. These legal professional assist clients in all their legal needs. They charge very reasonable and affordable cost of the consultation from the beneficiary party and above all guide them across the litigation and hearing process.

The professional functioning of Long Island lawyer is pretty wide and comprehensive and are executed with the utter responsiveness and serious approach. Their legal services segment is widely arranged and contain a number of service spectrum including Business Organizations, Real Estate, Personl Injury, Family Law, Bankruptcy, Business Law, Criminal Law and Migration Law. Long Island laweyers that deal in litigation and trial matters, practice their services to extend cases in other fields also including medical and professional malpractice, products liability and construction and labor law.

Beyond above quoted services, they also have upper hand in resolving legal hassles including casualty and personal injury, employment law and environmental as well as municipal liability laws. A core group of bankruptcy lawyers help customer in their bankruptcy filing process. If you are not aware about the prevailed bankruptcy laws and their relevance in the current market scenario, a Long island bankruptcy lawyer is the best help you may ever achieve. A good bankruptcy lawyer help customers to fix negotiations on behalf of the creditors involved in the process and creates a pathway to ensure financial estability and debt consolidation for the beneficiaries.

These lawyers are well versed with the cases of medical malpractices to resolve the disputes pertaining physicians, dentists, cardiologists and podiatrists. Those lawyers who deal in the medical malpractice services, carry extensive experience in the trade and expertise in catering numerous clients in some of the very critical trials. In the service domain of criminal law, they come handy with the mechanism of current criminal justice system with all its pros and cons. These expert Long island lawyers take the criminal proceedings of their clients further to manage and maintain their liberty and reputation. In case, you are rattled with some legal hassles on personal or professional front, request some credible services of prominent attorneys and lawyers to resolve the conflict.

Is Nitrous Oxide Illegal or Legal?

In the United States, the possession of nitrous oxide is not illegal especially when it is used for medication given by a professional doctor or dentist. It is considered illegal (in other states) if it is used for personal consumption. It is prohibited by the law to inhale N2O to get high.

Most localities in the US consider the consumption and possession of N2O legal. The gas also known as “nitrous” is used to boost speed and power of vehicles (although the engine combustion sometimes causes violations of the traffic laws). In this case, the government is requiring a certified system component to avoid arresting drivers with automobiles set with N2O.


Federal law

The federal law of the United States recognizes possession of nitrous oxide, legal. The legality of the gas is governed by the Food, Drug and Cosmetics Act of the Food and Drug Administration (FDA). The FDA regulates the sales and distribution of N2O and not the possession.

The Food, Drug and Cosmetics Act states that the prosecution is only possible for “misbranding” clauses. It only prohibits the sales and distribution of N2O for the purpose of inhaling the gas. The intention of the buyer for recreational purposes should be proven by the court.

State Law

Every State have different regulations in the possession, sales and distribution of N2O. The law does not ban the possession and distribution completely. It only bans the market of the gas to the minors; another is by setting up a limit for the amount to be sold. It basically restricts the sales and distribution of N2O used as a recreational drug. Stores are required to get a special license for this operation.

Mainly, nitrous oxide is only legitimate when it is intended for human consumption under the care of a licensed physician. Some States determine the gas as illegal if it is inhaled for intoxication purposes. While other states deliberate the purpose of inhaling the gas is a crime.

Another legitimate use of nitrous oxide is for vehicle racing. It the so called “nitrous oxide system” of automobiles. However, there are reports that some drivers are caught by police with vehicles equipped with N2O on the grounds that they might utilize the gas as a cheap “drug.” The automobile upgraded with N2O is mixed with sulfur dioxide making it impossible to inhale. Some vehicle racing competitions ban N2O. The drivers of the racing cars set with N2O will be subjected to disqualification or suspension if proven guilty.

Legal Advice

If you will be charged of illegal possession or illegal sale and distribution of nitrous oxide under the state of federal law, you should contact a criminal defense lawyer. The lawyer will explain the laws and regulations that govern the drug to the person guilty of the crime. The legal officer will let you understand the case and the rules in your place and will explain the possible defenses that will let you win the case or at least lessen the punishment.

Legality Of Bad Job References And How to Overcome Them

Job seekers searching for a new job will have no choice but to go through a reference and background check. Today, employers choose to not only speak with your former employers, but also verify your credit, and conduct a criminal background check depending on the position for which you apply.

When it comes to checking your job references, employers will want to speak with two groups within your previous employer’s organization. First is Human Resources where they can find out about your employment dates, job title, salary, and your attendance.  Second are people who have first hand knowledge of your actual job performance, your ability to communicate, meet deadlines and your interpersonal and leadership skills. Typically, the best people to address these types of qualities are those who have worked with you directly – supervisors, peers and subordinates. But, what are these individuals legally allowed to say?

Legal Reference vs. Slander

According to the Webster Dictionary, slander is also known as “oral defamation,” or telling one or more persons an untruth that will harm someone’s reputation. When one person slanders another, there may be legal consequences. However, a  employer saying “he would not re-hire that person, or declare the said person is ineligible for re-hire” is not an attempt to harm someone’s reputation, it’s legal for an employer to provide such a negative reference of a current or past employee as long as the information is factually accurate

Because many companies are concerned about being dragged into a lawsuit, many employers choose to implement job reference-checking policies, which state that callers must be referred to human resources and that only limited information, such as dates of employment and job titles, will be verified.

How to Get the Job References You Want

The entire concept behind building job references is to provide a list of individuals that can attest to your character and job performance. So, your first step should be to create a list of past supervisors, peers and subordinates who can provide a job reference for you.

When you provide contact information, make sure to include each person’s proper name, job title, organization, and a phone number where they can be reached. E-mail address is another huge plus since many employers find it easier to communicate and get a higher response than by phone. E-mail request for references also provides the perspective employer a more detailed record.

How to Deal With Bad Job References

Most employers want to seek out information from past supervisors. So if your reference list includes your mom and some buddies, and maybe a fellow co-worker, understand that most employment verification forms request the supervisors name, title and a contact number to be reached.  After all, everyone knows that the average job seeker is going to provide the names and numbers of those willing to endorse them. So, if you have skeletons in your closet, deal with them before your begin compiling job references.

According to an article by Alison Green, chief of staff for a medium-size nonprofit, you have three options:

  • Call your bad reference giving ex-boss and negotiate what he or she will say.
  • If you’re concerned your ex-boss is spreading misinformation, go straight to human resources and explain the situation.
  • Advise prospective employers in advance that the reference won’t be flatering, then be prepared to spend half the interview explaining why that is.

The whole concept of good job references is to present yourself in the best light possible. If you can’t offer up a long list of people who are willing to endorse you and all else has failed, you may wish to research some online job reference providers who may be able to help you.

Contract Law In The Kingdom Of Thailand

A contract is an exchange of promises between two or more people for a particular purpose. It is a legally enforceable agreement that generates a commitment to do or not to do something. The central part of most contracts is a set of shared promises. The promises are made by the parties that describe the privileges and obligations of the parties. The term ‘party’ can mean an individual, company or corporation. No matter what kind of contract you take, having an understanding of contract law is a central part to establish sound business agreements that will be lawfully enforceable in the event when a clash arises.

In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code (TCCC) and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign Business Act and Land Act.

As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.

Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.
The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.

Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. Shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.

If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract disputez

Affects of Personal guarantee contract

An indemnity is a promise of assurance to be responsible for another loss and to compensate on the agreed terms. Indemnity creates the principal nature of liability.

There are three parties involved in the contract of guarantee such as the surety, principal debtor and the creditor. While there are two parties involved in indemnity such as indemnifier and indemnity holder.

It was held in “Yeoman Credit Ltd v Latter (1961)” that an indemnity is a contract by one party  to keep the other harmless against a loss.

What is a personal guarantee?

A personal guarantee is usually required by the lender when a business requires a loan and does not have other assets to secure the loan. A personal guarantee is a legal document that secures the loan of company against individual assets. The guarantor is liable to perform his obligation when the company fails to do so.

In fact a personal guarantee is a legal undertaking by an individual to pay the loan when borrower fails to do so. Mostly banks require the personal guarantee from such businesses those have no previous credit record. Personal guarantee creates the problems for both sides when enforcement occurs.

Legal Requirements

Statue of Frauds (Ireland) 1695 requires that guarantee must be in written form and must be signed.

It was held in case Bank of Ireland VS McCabe that a verbal renewal of guarantee is not sufficient.

Importance of Personal guarantee

A guarantee is a contractual right that creates a right in personem. There is no restriction on the assignment of guarantee of indemnity if the prior consent is obtained from the party or as agreed between the parties in contract. If the agreement is silent or does not allow the assignment then the guarantee or indemnity can be assigned.

Reasons for personal guarantee

The personal guarantee is required when the business is new and has new pervious credit record. Mostly the entrepreneur i.e. the director of the company provides the personal guarantee to repay the loan if the company fails to do so. Personal guarantee can be limited and unlimited.

Legal affects on Personal guarantee

The Financial regulator has issued two mandatory code of conducts in 2009 with reference to Business Lending to Small and Medium Enterprises and Mortgage Arrears which minimize the freedom of lender to enforce personal guarantee over personal private residence.

Tips for guarantor

The guarantor must read the entire contract before signing it and must understand his nature of liability. Because once the contract is signed; t becomes a legal contract . Therefore the guarantor must consider the following points before singing the agreement. Such as:

The Guarantor must obtain the independent legal advice before signing the agreement.The guarantor must know and understand about the nature of secured liabilities.

Net Lawman provides the following types of personal guarantee document . Such as:

Guarantee of contract debt

This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier of goods has failed or is likely to fail to make payment when due. It can be used with any performance contract and can add a personal guarantee for an individual, or bring in another party, such as a business. The key benefit of this document is that the original contract remains unchanged, making this a neat solution to adding a guarantor

What is Legal Price of an Ounce of Gold?

The big question that everyone who holds gold is asking is “How much will they pay me for an ounce of gold if they confiscate it?” There are three potential answers to that question. The old saying goes, past performance is never a guarantee of future results, but a darn good indicator. If we analyze the facts that have occurred in the past we could somehow analyze what could happen in the future.

First of all, when the original gold confiscation happened in 1933, the real price for an ounce of gold was $35.00/oz yet individuals who were forced to forfeit gold only received $20.67/oz. The reason why they paid that sum in particular is because the $20 gold coin back than had slightly less than an ounce of gold in it and all we received was the face value of coins.

If we take that example and fast forward it to today we could see the following happen. The Government outlaws the ownership of gold, cancels the COMEX division of New York Mercantile Exchange, and locks everyone in at a certain dollar amount, maybe $1,000/oz. They say that everyone has to turn in their bullion by that date and anyone caught with bullion after that will face a judge under law. In the meantime they remove all the government speculation from the gold market and the price of gold runs to $4,500/oz. Guess who just lost $3,500?

The question however still remains how much will they pay us per ounce of gold upon confiscation. Well let’s look at another part of U.S. history to maybe find the answer we are looking for. In 1979, there was a shipment of around thousand ounces of gold stolen from La Guardia Airport in New York, the shipment belonged to Franklin Mint, and was transported by Trans World Airlines. After a big legal battle Supreme Court ruled in 1984 in Franklin Mint v. TWA that Trans World Airlines, was only liable to pay $42.22 for every ounce of gold that was stolen which was far below the market value at that time but was considered as the official price of gold at that time. What if they only pay us 42.22 for every ounce of gold they confiscate from us which is the official price of gold today as well. Will they give us a little bonus and pay us $50/oz if we own American Eagles, since that’s the face value. Well legally they could do that.

Finally, the most outrageous one of them all is that under the Emergency Powers Act, if the President declares economic state of emergency the government has the right to confiscate all of your gold and silver bullion, any stocks, bonds, mutual funds, ETFs or shares that you might have in gold and silver explorations companies and pay you NOTHING. They have the right to nationalize the entire gold industry except collector gold, industrial gold, and jewelry gold.

I encourage you to purchase the gold that would not be subject to confiscation or scrutinized by the government in any way. A proper position is gold is also private and stores the value of your hard earned labor rather than the fiat paper money system that is being printed away.

Why Legal Nurse Consultants are the Secret Weapon

Legal nurse consultants are the registered nurses associated with a number of medical related cases like, personal injury, medical malpractice, product liability, wrongful death, elder law, slip-and-fall, workers’ compensation, etc. These nurses have years of special clinical expertise and knowledge regarding medical practices, administration and reforms. These are the reasons why most of the law, firms, insurance companies and other firms hire them by paying a lucrative salary.

Legal nurse consultants can efficiently and effectively aid a team of attorneys for the purpose of consulting and educating the clients on specific issues related to the case. Due to the huge demand of these consultants most of the experienced nurses are now trying to make a long term career in this profession.

Now, the question is how to become a legal nurse consultant?

A highly qualified and registered nurse whose education, knowledge and experience are best suited to assist a case.

Sometimes, a number of experts overwhelm regarding, how to become a legal nurse. They search for certification courses and other training options to get certified; in fact they are already experts. No need to spend money on these courses. The only requirement is reading some best legal nurse consulting guidebooks.

Now it’s important to know that, why legal nurses are called as the secret weapon of a legal team.

•    Expertise in medical records

Legal attorneys are probably unfamiliar with the healthcare industry and related terms. Understanding the medical terminologies, collection process and subtitles are quite difficult. So, legal nurses are appointed to analyze the records by utilizing nursing expertise and knowledge. They can note missing documents and provide a comprehensive summary of the issues.

•    They can measure the standard of care

These consultants are the experts who can measure the standard of care provided by the hospitals by picking the key points from medical records. They can also determine the arguments in favor/against the standard of care.

•    They can find out the reasons behind an injury

A legal team can get proximate causes of an injury or an incident related to the case with the help of a legal nurse. After summarizing researching the medical documents, she can find out the factors that caused the alleged damages or injuries.

•    They play a vital role as a case strategist

Each and every case has a strategy. In case of a medical litigation, legal nurse consultants play an important role. They perform screening for merit, do research on the issues, they review records and prepare summaries and test the expert witness. So, they are the vital strategists for a case.

However, if you are not sure about LNC how to be successful in this field, read some books written by Kathleen Martin.

Drunk Driving – Criminal Versus Civil Legal Issues

Driving while drunk is a seriously bad maneuver for a host of reasons. You will learn as much if you are involved in an accident while driving drunk. Such an accident will raise the issue of criminal versus civil legal issues you’ll have to deal with in court.

There is a certain fear factor used to deter drunk driving. The fear is created by the threat of harsh penalties. The penalties range from jail time to massive fines. These penalties are all related to criminal legal actions. What is not often discussed is the fact civil actions can arise from drunk driving situations. Let’s take a look at an example.

You go down to the local watering spot to watch the big game. The game takes three hours and you consume a number of adult beverages during this period. In fact, you are legally drunk. You hop in the car to drive home. You fall asleep at the wheel and run into someone else. They are taken away to the hospital and you are taken away to jail. You later learn they suffered whiplash, but are otherwise okay. So, what now?

The first thing that is going to happen is pretty much what you would expect. You are going to be charged with a DUI and a host of other charges related to it. Depending on the state, you may well be charged with a Felony DUI since an accident occurred. You’ll need to hire an attorney, which is going to cost a pretty penny. You are probably going to be convicted or forced to take a plea bargain deal. This means facing everything from large fines to jail time. Basically, it is going to be a nightmare scenario, but there is more to consider.

The driver of the car you hit is going to be very unhappy as you might imagine. That person is going to sue you in civil court. Your car insurance will provide for your attorney and some money towards damages, but you are going to be responsible for the rest of any judgment. With massive car damage and physical injuries, the judgment is going to be in the tens or hundreds of thousands of dollars. This is on top of what you already spent in the criminal action.

The total cost of a DUI in both criminal and civil actions will wipe out most people from a financial perspective. Filing bankruptcy is a very common step following the cases. The next time you consume adult beverages, just spend the money on a cab. It simply makes financial sense.

Legal Issues In Repossession

People facing repossession as well as those in the repossession business have a lot of legal issues to deal with. The laws regarding repossession vary from state to state, making it especially important to know what can and can not be done in an instance of repossession.

Repossession happens when a consumer owes on a tangible product on which they are in default. These are loans in which the product purchases is also the collateral; a car, for instance. Since these purchases are a form of loan, the buyer does not actually own the item until the loan has been repaid in full. In legal terms, the lender is the owner until that time. This means that the lender can take possession of the item without going to court if the borrower is in default.

In most of these states, these are the legal issues that regulate the process of repossession:

• The borrower must be informed that the outstanding loan is in default and it must be spelled out in the loan agreement itself that defaulting on a specified number of payments will result in the lender taking action to repossess the item in question.

• Those carrying out the repossession are not permitted to commit any act that is illegal in the course of carrying out repossession. They cannot illegally gain entry to a garage, house or other property in order to take possession of the item.

• The repossession agent or company is not permitted to cause any damage in the course of repossession. They cannot remove items from walls, damage cabinets or anything else in a kitchen while, for instance repossessing a stove.

• The creditor or the repossession agents cannot repossess any property or threaten to repossess any property other than that which the borrower actually owes money on. They cannot, for instance take possession of a boat that is on a trailer attached to a truck that is to be repossessed.

Under U.S. law, a repossession company or agent who violates these laws can see the repossession overturned in court and have to pay damages to the individual against who the repossession was carried out.

Hire Los Angeles Discrimination Lawyer for Proper Understanding of your Legal Rights

There is no need to feel sad or worried if you face any kind of discrimination at workplace. Take help of Los Angeles Discrimination Lawyer who will help you in case you were laid off owing to wrong reasons. When you hire services of a Los Angeles Discrimination Lawyer, the first thing he will do is to inform you of your legal rights.  Discrimination at workplace can be on account of different reasons such as age, sex or even color. It is also possible that you face problem of sexual harassment at workplace. In such a case it is recommended that you hire a proper Sexual Harassment Lawyer in Los Angeles.  Employment issues can undoubtedly wreck chaos in your work life.  Just feel free to take assistance of a reputed Wrongful Termination Lawyer firm in Los Angles.

An experienced law firm knows the best way to handle your problem and you will not want to waste your money with an incompetent lawyer. Legal services are quite expensive. If you hire a lawyer who does not know his or her job well you will just be wasting your money. There have been cases where an employee gives information regarding the illegal activities of employer and this is the prime reason his services are terminated. A competent lawyer will be able to protect rights of such an employee. A good discrimination layer puts in all effort to properly understand all your problems and then suggests a way out accordingly.  He or she will explain you in clarity what all alternatives can be resorted to by you. You will also be told about the result of choosing a particular course of action. This will keep you updated about proceedings of the case and as a result you will feel less stress and tension.

There can be so many wrongful reasons why an employee can be dismissed from workplace. Dismissal can be due to a false allegation, or you might face dismissal without receiving any type of prior notification etc. Under all such circumstances you might feel confused as to what to do. It is important that your employer gives you some concrete as well as legal grounds for dismissal. In majority of the legal cases involving wrongful termination if the employee wins the case he either gets his old job back or is awarded sufficient compensation which is fixed by the court of law.

Media and Governance: The legality of Sting Operations in India


The Media has been rightly referred to as the fourth estate by Edmund Burke and Thomas Carlyle. The role of the Media today, as the ‘fourth power’ which exercises a check on and counterbalances the three organs of authority cannot be undermined. In order to ensure that there are no hindrances in the path of the Mass Media, so that it may function effectively, the freedom of press has been provided as an inherent right under Article 19 (1)(a) of the Indian Constitution. This has been upheld by several judgments as well, such as in the case ofRomesh Thapar v. State of Madras (1950 AIR 124), wherein it was stated by the apex court that freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation. Further, the freedom of press was again upheld in the landmark judgment of Bennett Coleman & Co. & Ors v. Union of India & Ors(1973 SCR (2) 757), as forming an important part of the freedom of speech and expression.

The reason as to why the Media has been granted such freedom is primarily because the citizen’s ‘right to know’ is an important element of the fundamental freedom of speech and expression. Thus, in order to ensure that there is free dissemination of information, it is necessary that we have free and fearless Mass Media in our country. In fact in the recent past, the importance of the Media has increased manifold because of which reliance is now being placed on the media to act as a watchdog in place of the opposition owing to general distrust and collapsing standards in public life.

This has increased particularly due to the emergence of audio and visual media which has a greater impact on the public than print media. The satellite revolution of the 1990s led to a significant increase in the number of television channels and other media. It may be seen that fierce competition between several media groups has in fact led to sensationalisation of information to attract public attention, for increase in TRP s. One of the many results of that is what is commonly known today as a ‘sting operation’.

What is a Sting Operation?

There is no precise definition of a sting operation. It is essentially a deceptive operation designed to catch a person in the act of committing a crime. It generally involves a law enforcement officer or any other cooperative member of the public who acts as an accomplice or victim of the suspect, so as to gather direct evidence incriminating the suspect. It is commonly found in countries like the United States and is not permitted in various other countries such as Sweden, the Netherlands, etc. In India, it is mostly seen in the form of sting operations being carried on by the Mass Media.

In order to understand the concept of sting operations better, it would now be imperative to discuss a few cases dealing with the same.

Sting Operations in the Past

(a) The Tehelka case

One of the biggest sting operations carried out in the country was that of Operation West End in 2001 which is popularly known as the Tehelka scam. This was a sting operation to expose corruption in the defense ministry, where reporters posing as arms salesmen approached the then Defence Minister, Mr. George Fernandes and Bharatiya Janata Party President, Mr. Bangaru Lakshman. The two were caught in the operation and it ultimately led to their resignation from their respective posts. Further, evidence was allegedly found against Mr. L.K. Advani as regards the Indo-Israeli deal to provide border fencing and communication systems but the same was apparently not disclosed. However, the Tehelka operation came under a lot of criticism particularly due to conflicting statements being made by the Tehelkachief and the journalist who carried out the operation, Mathew Samuel with respect to Mr. Advani’s involvement in the entire issue. Certain pertinent questions were raised such as –

  1. Why did two journalists who were part of the same investigation, report differently about the matter?
  2. The Tehelka chief reportedly stated that the two persons being taped first made disclosures before Mr. Samuel and thereafter replicated the same before him. What was the need to replicate such information? Was the former a mere camera rehearsal?
  3. What was the reason behind releasing only select portions of nearly 100 hours of tape? Was there actually some sort of hidden political agenda sought to be achieved by way of the tapes?
  4. The tapes exposed some of the top brass of the then government and the two major ‘victims’ of this operation have been speculated as having been caught as they were some of the biggest rivals of Mr. Advani at the time.

So, whether or not the operation was in fact the doing of a responsible media or a mere sham, we will never know.

(b) Cash-for-queries scam-

Another controversial issue which came up during a sting operation was the Cash-for-queries scandal in 2005. Also known as Operation Duryodhana, it came to the forefront when it was alleged that the UPA Government which was in power at the time bribed eleven Parliamentarians in return for asking questions. The operation led to the expulsion of the tainted members of the Parliament. It was also alleged that the journalists, Aniruddha Bahal and Suhasini Raj who had carried out the operation were driven by motives of profit. It was also ironical as to how the Police prosecuted the journalists despite the fact that Parliamentary committees found the members guilty of misconduct. Thereafter, the journalists appealed to the Delhi High Court which upheld the legality of the operation.

(c) MPLAD scam-

Another such scandal was the Members of Parliament Local Area Development (MPLAD) scam which was titled as Operation Chakravyuh. It occurred almost immediately after the Cash-for-queries scandal and exposed corruption in the allotment of work for the Members of Parliament Local Area Development Scheme. The scandal involved then Goa Chief Minister and Lok Sabha member, Churcil Alemao, BJP MP, Fagan Singh Kulaste and Samajwadi Party MP, Toofani Saroj, who was later proved to be honest. This scam however did not receive much media coverage owing to the Cash-for-queries scam.

Sting Operations and the Judiciary-

Certain important judicial responses in this aspect may further be studied so as to understand the concept better.

In Court On Its Own Motion v. State, (146(2008) DLT429), certain guidelines were given by the Delhi  High Court as regards sting operations after there was false reporting of a school teacher, Uma Khurana’s involvement in a prostitution racket. These include the following-

  1. The Court argued against the entrapment of a person even if it was to further the ‘public interest.’ The right to privacy of a person is to be respected unless there is a larger interest involved.
  2. A channel proposing to telecast a sting operation had to obtain a certificate from the person who recorded or produced it saying that it was genuine to the best of his or her knowledge.
  3. The channel has to obtain permission from a committee appointed by the Ministry of Information and Broadcasting to telecast the sting operation.
  4. While the transcript of the recordings could be edited, the films and tapes cannot be edited. Both edited and unedited tapes have to be produced before the Committee.
  5. The chief editor of the channel is responsible for self regulation and he has to ensure that all statutory requirements have been adhered to.
  6. Reports or current events cannot deliberately be presented as true and any unverified or inaccurate facts must be avoided, so as to prevent trial by media so that the public does not get misled.
  7. Deliberately overplaying certain parts while underplaying others is also not to be allowed.
  8. Reports should not be such as to create alarm or panic or amount to incitement to commit any crime.
  9. Media to observe general standards of decency, having regard of the sentiments of viewers, particularly that of children.

Another important issue at the Delhi High Court as regards such operation was the Cash-for-queries scam as has been seen earlier. The Delhi High Court in September 2010 upheld the legality of the sting operation conducted by journalists Aniruddha Bahal and Suhasini Raj in 2005 to expose corruption in the Union Parliament. The Delhi Police had previously charged the journalists under the Prevention of Corruption Act for seeking to bribe the MP s. The prime issue which arose in this case was whether any citizen of this country can carry out such an operation and offer bribe to a public officer to expose corrupt practices. The single Delhi High Court judge opined that such a right flowed from the fundamental duty to cherish the noble ideals which inspired the freedom struggle as under Article 51A(b), and creating a corruption-free and independent India is one such ideal. It was also stated that this fundamental duty is linked with every other duty enshrined in Article 51A and more importantly, it is necessary to protect the sovereignty, integrity and unity of the country. Thus, what needs to be seen is that the judge equated the rights of these journalists to that of ordinary citizens, thereby entitling the protection of law to every citizen in such case. As regards offering bribes by the journalists is concerned, the learned judge was of the opinion that in the instant case, the intention of the journalists must be seen, which was clearly to expose corruption amongst the top brass of the government. Further, the journalists deposed truthfully before the Parliamentary committees investigating the matter and the same must be considered.

The journalists have now filed a caveat in the Supreme Court, in case the Delhi Police decides to file an appeal.

A recent case dealing with sting operations is the judgment given by the Supreme Court inRaja Ram Pal v The Hon’ble Speaker, Lok Sabha & Others, ((2007)3SCC184) concerning the Cash-for-queries scandal and the MPLAD scandal. In this case, certain members of Parliament had challenged their expulsion by way of writ petitions before the apex court. The expelled members contended that the journalists who had carried out the ‘sting operation’ had admitted to have received monetary and other benefits from the same. It was thus argued on behalf of the tainted MPs that these journalists were driven by motives of self and profit. However, the court held that irrespective of the fact as to whether or not there was any motive to extract money from such operations, the expulsion of the members is not invalid due to the conduct which they had exhibited.

However, it is not just the executive or the legislature which has come under the Media’s eye. The Supreme Court in its judgment in Vijay Shekhar v. Union of India, ((2004) 4 SCC 666) discussed about corruption in the judiciary and upheld that warrants obtained against certain eminent persons (including former President, Dr. Abdul Kalam and former Chief Justice of India, Mr. Y.K. Sabharwal) in pursuance of a sting operation to expose corruption in the subordinate courts of Gujarat were illegal. It was argued that these warrants had been fraudulently obtained. In fact, the then Chief Justice of India, Mr. K.G. Balakrishnan asked the journalist who had conducted the operation to tender an unconditional apology. A question would thus arise herein as to whether the judiciary was in fact trying to protect its own members while delivering such a judgment. Further, taking into consideration the principle of independence of the judiciary, was the Chief Justice entitled to hear a case in which he was probably interested himself?

Another case was the Judeo case which dealt with a sting operation which showed former environment minister Dilip Singh Judeo receiving a bribe from an Australian firm for mining rights in Chhatisgarh. This case came before the Supreme Court after Justice Markenday Katju of the Delhi High Court opined that such sting operations are essential to bring issues such as corruption to light. It was argued on behalf of the journalists that the media act as ‘whistleblowers’ in public life and thus cannot be prosecuted. However, the CBI on the other hand contended that even journalists involved in such sting operations may be prosecuted where there is active inducement to commit a crime by such persons or where there are other vested interests involved and not just public interest. The premier investigating agency of the country argued that law enforcement is solely within the ambit of the powers of the government. Others can merely assist the government, but they cannot take the law into their own hands. The CBI was of the opinion that any person carrying out such operations may be prosecuted under the Prevention of Corruption Act. The journalists in the instant case, they said, should have informed law enforcement agencies either prior to or immediately after carrying out the operation. Thus, it was reiterated that though the media acts as a guardian of the fundamental rights of citizens, it must do so responsibly.

Evidentiary issues-

It may hence be seen that the Media has to surpass various hurdles while carrying out such operations and the right to privacy of persons and the extent to which the media may assume the role of the police is not the only issue involved here. One of the major issues we face today is whether or not evidence gathered by way of sting operations is admissible. Some would argue that such evidence has been acquired by way of inducement or in a sense, even by way of fraud and is hence inadmissible. While there are others who believe that when there exists compelling evidence against an accused or suspect, the same must be admissible irrespective of the method by which it was obtained. This was also upheld inPushpadevi M. Jatia v. M.L. Wadhawan, (AIR 1987 S.C. 1748.)

However, the question still remains as to whether evidence may be admitted against a person who was lured into committing an offence. In Sri. Bhardwaj Media Pvt. Ltd. v. State,(W.P. (Crl.) Nos. 1125 and 1126/2007), it was upheld that there would definitely be an increase in corruption where people who help unravel acts of corruption in an institution are prosecuted. Thus, the ‘factum of entrapment’ may be ignored keeping in mind the larger public interest.

Evidence received by way of sting operations may also be treated as being extra judicial confessions and thereby admissible in certain cases. Extra judicial confessions may sometimes even not require any corroboration. (Piara Singh v. State of Punjab, (1977) 4 S.C.C. at p. 459) However, the contrary view was held in Makhan Singh v. State of Punjab, (A.I.R. 1988 S.C. 1705), where confession to a witness for the purpose of seeking his help to save the accused was not accepted as evidence.

Law Commission Paper and Government proposals-

The Law Commission recently released a paper as regards sting operations in India and discussed the possibility of enacting a statute with respect to the same. The only statute in existence is probably the Cable Television Networks (Regulation) Act, 1995 which clearly provides that “no programme can be transmitted/re-transmitted on any cable service which contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths.” The Commission also highlighted the views of the Committee on Petitions of the Rajya Sabha which had earlier stated that a sting operation must be aired only where there is conclusive proof as regards the guilt of the accused. However, where public interest is shown, the version of the accused or suspect must also be aired simultaneously. The Committee on Petitions had also stated that punitive action must be taken against any party who makes available any false or fabricated information by way of such operation. It was opined that public interest must be balanced with the right to privacy of the individual and the latter must not be encroached upon. The Committee on Ethics too in the case of Operation Chakravyuh stated the same.

It must be noted that a regulatory authority known as the Broadcasting Regulatory Authority of India (BRAI) has been proposed to be established by the Union Government under the Broadcasting Services Regulation Bill, 2007. A Content Code, revised in 2008 regulating content of news was however opposed by the media. Thereafter, the Information and Broadcasting Ministry has proposed setting up of a National Broadcasting Authority under statute. However, the same would not regulate content of news. The Ministry has also decided to come up with certain informal guidelines to check objectionable publications. Recently, the News Broadcasting Association and the News Broadcasting Standard Authority have been established which promote self regulation and have come up with a definite code of ethics.

Keeping in mind the fact that the judicial pronouncements so far have not explicitly dealt with the law relating to sting operations, the Law Commission has come up with a questionnaire in order to elicit public opinion as regards the issue at hand. The questionnaire puts forth important questions as regards immunity afforded to journalists who conduct such operations, the applicability of laws such as the Prevention of Corruption Act in such cases, the need of legislation, etc.

Problems faced-

However, this is not sufficient. One of the major problems that we face today is that there is no definite legislation or regulation specifically dealing with sting operations. The case law available is also very unclear on the subject. Another problem is as regards ascertaining the intention of the journalist conducting the operation, which was seen in the recent controversy surrounding the Radia tapes. There may be times when the operation is being carried out merely to advocate certain political propaganda.

Further, whether or not journalists are completely immune from prosecution under other laws is a debatable issue. It has often been asked as to whether such journalists may be held for making defamatory statements which may even ruin the reputation of an innocent person if such operations are not conducted cautiously as was seen in the case of Uma Khurana, the Delhi school teacher falsely caught on tape for trafficking of minor school girls.

Generally, only select portions which will attract more TRP s are broadcasted and the true story is not revealed.  Stiff competition in the market leading to sting operations being used as a major public attraction, causes decrease in actual news. In the entire process of tussle between rivaling media houses, public awareness on issues of greater importance gets affected. Thus there is a negative impact on the right to know of the people of the country, a freedom which must ideally be protected by the Media.

Conclusion- What is the solution to this problem?

So are there any possible solutions for these issues? Legislation would probably be the best answer to this problem. Sadly, the Pre-natal Diagnostic Techniques Act is the only legislative authority in place which discusses sting operations to a certain extent and upholds the validity of the same for the purposes of the Act. Thus, a definite statute or regulation must be enacted, setting out standards which must be followed by the media, without affecting the freedom of press to a great extent. Courts must formulate clear principles as to admissibility of evidence in such cases, keeping in mind the facts and circumstances. The Police force and other authorities must not be allowed to unnecessarily harass and prosecute media persons. A chance to be heard must be given to all and for that purpose, the version of the suspect must also be allowed to be broadcast simultaneously, so that the public gets a true picture of the entire situation. Further, care must be taken to minimise encroachment on the right to privacy of an individual even where public interest is involved. Defamatory material dealing with the private life of a person must as far as possible be regulated.

A code of conduct and self-regulation must be followed by every news agency and other media. Efforts must be made to ensure individual compliances at all levels and such a code must also be periodically reviewed. Punitive measures must be laid down in case any false or fraudulent sting operation is carried out, so that journalists may work cautiously and this would also create a sense of deterrence. The Journalist carrying out the operation must be made to sign an undertaking stating that the information being broadcast is true to the best of his knowledge. A statutory body may also be created to which the media shall give information as regards such operations either before or immediately after the completion of the operation. The concerned media house must also be required to obtain a license from the Information and Broadcasting Ministry in this regard.

However, it is not just important that such solutions be proposed. It must be ensured that these measures are in fact carried out. The right to know of the public must be protected both by the media as well as the government. It must be seen that public awareness is created as regards such issues and each person is given a fair opportunity to state his case. Ultimately what must be highlighted is not growing TRPs or illegally obtained profits. In fact, in stead of playing the blame game, the government and its organs, the Media being the fourth must be both responsive as well as responsible where such issues are involved.

Swords – Legality In The United States And Canada

Thanks to the internet, there has been an explosion in the popularity of swords and other bladed weapons. Many people, however, are still unsure about the legality of such weapons. Quite often, other people seem to claim that non-functional replicas are okay and that sharpened blades are not.

I decided to do some research, and wasn‘t exactly surprised by what I discovered. It’s important to note that I am not a lawyer, so you should take this information with a grain of salt. However, what I found is that swords and other bladed weapons are, in fact, predominantly legal.

United States

Watch: Sheriffs in the United States Are Urging People to Carry Guns
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The United States’ weapons laws, for the most part, are quite lenient. There does not appear to be a ban on swords — sharpened or not — on a federal level. For more specific information on local laws, a visit to Knife Laws Online is highly suggested.

It should be noted that Washington D.C. appears to be the lone exception to the rule, though swords are not specifically targeted; to the contrary, all weapons appear to be banned. If you live in Washington D.C. and would like to own a sword, I believe you are out of luck.

The transportation of swords may be an entirely different issue altogether, as they could be — and likely are — considered concealed weapons. You should seek the advice of a legal expert if you are looking to transport your sword(s).


Canada’s federal weapons laws are very similar to the United States’, at least as they relate to swords and other bladed weapons. There are no federal laws that specifically detail the allowed length of knives and swords, and it appears that no provinces have banned knives and swords of a certain length. You can find specific information on Canadian federal weapons laws in Section III of Bill C68, though a list of banned weapons can be found below:

* “nunchaku” and any similar instrument or device, being hard non-flexible sticks, clubs, pipes or rods linked by a length or lengths of rope, cord, wire or chain;
* “shuriken”, being a hard non-flexible plate having three or more radiating points with one or more sharp edges in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape;
* “manrikigusari” or “kusari”, and any similar instrument or device, being hexagonal or other geometrically shaped hard weights or hand grips linked by a length or lengths of rope, cord, wire or chain;
* any finger ring that has one or more blades or sharp objects that are capable of being projected from the surface of the ring.
* “crossbow”, with a stock of 400 mm or less
* “Constant Companion”, being a belt containing a blade capable of being withdrawn from the belt, with the buckle of the belt forming a handle for the blade
* any knife commonly known as a “push-dagger” that is designed in such a fashion that the handle is placed perpendicular to the main cutting edge of the blade; and any other similar device but not including the aboriginal “ulu” knife.
* “Spiked Wristband”, being a wristband to which a spike or blade is affixed; and any other similar device
* “Yaqua Blowgun”, being a tube or pipe designed for the purpose of shooting arrows or darts by the breath; and any other similar device
* “Kiyoga Baton” or “Steel Cobra” and any similar device consisting of a manually-triggered telescoping spring-loaded steel whip terminated in a heavy calibre striking tip;
* “Morning Star” and any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain, rope or other flexible material.
* “Brass Knuckles” and any similar device consisting of a band of metal with finger holes designed to fit over the root knuckles of the hand.
* Any device designed to be used for the purpose of injuring, immobilising or otherwise incapacitating any person by the discharge therefrom of
o (a) tear gas, Mace or other gas, or
o (b) any liquid, spray, powder or other substance that is capable of injuring, immobilising or otherwise incapacitating

Contract Validity and the Cisg International Treaty: Closing the Loophole

Contract Validity and the CISG: Closing the Loophole

Nir Bar, Attorney (Israel) and Mss Natanella Har-Sinay

[1] Introduction [2] Ambiguity Created by Article 4(a) [3] Different Approaches in Interpreting Article 4(a) [4] CISG Case Law on Article 4(a) [5] Israeli Law Regarding Contract Validity [6] Israeli Case Law on Contract Validity [7] Comparison to Other Legal Systems [8] Conclusion

[1] Introduction:

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created as an answer to the question of how to create uniformity in the business practices of parties in different countries. Work was begun on the CISG in 1968 by the United Nations Commission on International Trade Law (UNCITRAL). A Working Group, made up of representatives of the member countries in UNCITRAL, was commissioned to prepare a document that would “facilitate acceptance by countries of different legal, social and economic systems.” The draft was completed by 1978, and in 1980, a Diplomatic Conference representing 62 States finalized the text in Vienna. As of July 17, 2007, seventy-one states have ratified the convention.

The Preamble to the Convention expresses the drafters’ position that “the adoption of uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the removal of legal barriers in international trade and promote the development of international trade.” It is with this hope that the drafters went on to detail the requirements to be met in forming a sales contract, as well as the rights and obligations of the seller and buyer. However, it is in spite of this stated purpose that the Convention leaves open a loophole, which is the source of conflict among signatory parties.

[2] Ambiguity Created by Article 4(a):

Part I of the CISG lays out the parameters of the Convention’s application- which issues it covers and which it does not. One such issue is validity, which is excluded from the CISG in Article 4(a):

This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with:

(a) the validity of the contract or of any of its provisions or of any usage

From looking at the drafting history of Article 4(a), it is evident that the validity exception was included in order to protect the differing interests that are safeguarded by different domestic laws. The history shows that the drafters designed Article 4(a) to “serve as a loophole which could stretch to fit the needs of each domestic legal system.” However, the article which was supposed to provide flexibility to an otherwise rigid set of rules in order to allow for international differences has sprouted further complications. Because Article 4 does not define validity, the task of determining when a cause of invalidity exists and what its consequences are is left to the various domestic legal systems. Because these legal systems have no central formula to rely on, “the very reason for excluding issues of validity- the differing and strongly felt national traditions- suggests that judges and arbitrators will be tempted to enforce domestic rules of validity.” For example, on nations law may allow the use of parole evidence, while another may not. In light of the Convention’s stated goals of achieving uniform rules to promote international trade, the issue becomes “to what extent [does] applying non-uniform domestic rules of validity to contracts for the international sale of goods seriously [handicap] the CISG’s potential for achieving its goals?”

While it may be argued that performing a simple conflict of laws analysis to determine which state’s validity rules apply circumvents the ambiguity created by Article 4(a), a problem arises when the causes of invalidity proscribed by domestic law deal with circumstances that also give rise to remedies under the CISG. For example, some domestic laws state that the absence of a definite price term voids the contract “since agreement on the price is regarded as one of the “essentialia” of a contract of sale.” According to Article 55 of the CISG, however, if there is no definite price term, “the parties are considered…, to have impliedly made reference to the price generally charged at the time of the conclusion of the contract for such goods sold under comparable circumstances in the trade concerned.” While a consensus exists regarding certain validity issues, such as duress, in this instance, it is evident that an issue labeled as one of validity by domestic law may merit different consideration in the international context. This fact has been the subject of great debate over how to resolve the ambiguity created by Article 4(a).

[3] Different Approaches in Interpreting Article 4(a):

In beginning one’s analysis of the ambiguity, a good first step is to look at the drafting history of the article in order to gain some insight as to why the article was drafted the way it was. The history of Article 4(a) suggests that the drafters purposely worded the clause ambiguously. The Working Group did consider several proposals for validity provisions to be included in the Convention, but ultimately decided against incorporating them. The drafting history indicates that fear of an inability to reach agreement or substantial delays resulting from debate led the drafters to postpone discussing validity; their vehicle for the postponement was the ambiguous wording of Article 4(a). The drafters did not dismiss the validity issue completely; they simply “deferred it to those who would later interpret the Convention.” However, the history also reveals that the CISG drafters did not intend for the validity exception to provide carte blanche for applying domestic public policy laws to international transactions. It is for this reason that it is important to create uniform guidelines regarding the interpretation of Article 4(a).

The first of these guidelines has already been created by the drafters of the CISG themselves. Article 7(1) of the Convention states: “In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.” This article suggests that, even in situations where domestic law is to be applied, it should be applied narrowly in order to “allow the Convention to have the widest possible application consistent with its aim as a unifier of legal rules governing the relationship between parties to an international sale.” In other words, the term “validity” must be defined in light of the CISG as a whole.

Keeping in mind the nature of the Convention, commentators have proposed an analysis process to aid in the interpretation of Article 4(a) that is based on the language of the article itself. The “crucial question,” according to these commentators, is whether the circumstances invoke both a domestic rule as well as a rule of the Convention. If they do, the “except as otherwise expressly provided” clause in Article 4(a) comes into play; since the Convention expressly provides a rule to apply under the circumstances, domestic law is inapplicable. One example is the CISG rule on form. Article 11 states that “a contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirement as to form.” Because the form requirement is expressly excluded from the Convention, tribunals are prohibited from applying domestic writing requirements. Conversely, for issues which are not addressed by any provisions of the Convention, reference must be made to domestic law. Issues falling under this category include illegality, capacity, fraud, mistake, duress, and unconscionability. It is these issues that are held by a consensus of the various domestic legal systems to be issues of validity. One explanation for this fact is that the Convention only covers rights and obligations arising from a contract, and issues such as fraud arise from the process of concluding the contract and not the contract itself.

This analysis referring to the negative rule excluding validity issues in Article 4(a) and the positive rule of “except as otherwise expressly provided” is just one of several theories as to how the validity exception should be interpreted. Another suggested approach is to view all applicable domestic laws that are considered “mandatory” by the State to be issues of validity. Such an approach may be advocated by critics of the “critical question” method, who feel that “if all issues addressed by the Convention were classified as non-validity issues, the question of validity would never arise”, and the “expressly provided” provision would be redundant. The method would also ignore the fact that several provisions of the CISG address issues that are considered validity issues by some domestic legal systems. Furthermore, imposing domestic restrictions on international sales transactions would impose an “unfortunate, if inevitable, conflict between the philosophy of freedom of contract generally enshrined in the Convention and a restriction on that freedom, governed by national law.”

[4] CISG Case Law on Article 4(a):

Although there is no uniform rule on contract validity, past court decisions ruling on the issue may serve as a looking glass through which the perspectives of the various legal systems may be observed. One such court decision comes from an Austrian case that dealt with the validity of a specific contractual clause. In this case, the German seller (plaintiff) delivered gravestones to the Austrian buyer (defendant), who later discovered a defect in the product. Upon discovering the defect, the buyer retained his payment and sent one of the stones back for examination. Although he eventually used some of the other stones, the seller filed suit, claiming that the conditions agreed to by the buyer included a clause excluding the buyer’s right of retention, even in the case of non-conforming goods. The Austrian Supreme Court ruled on the validity of the non-retention clause, holding that clause validity is an issue of domestic law. While the Court went on to apply German law as per a conflict of rules analysis, it also held that any domestic provisions which contravened the principles upon which the CISG was based would be disregarded. Also, although the Court considered invalidating the German law that excluded a party’s right to avoid a contract, it ultimately held that the law granting a party the right to compensatory damages was sufficient. Consequently, the contract clause excluding the right of retention was held to be valid.

Another issue dealt with by courts is consideration, which was the subject of a 2002 United States case. In this case, the New Jersey buyer brought suit against the Canadian seller, alleging breach of contract. Among other things, the defendant argued lack of consideration. In addressing this claim, the Court first stated: “By validity, the CISG refers to any issue by which the domestic law would render the contract void, voidable, or unenforceable.” The Court classified the subject of consideration as such an issue. To determine which domestic law would apply, the Court applied a conflict of law analysis, and subsequently determined that there was sufficient consideration under New Jersey law.

[5] Israeli Law Regarding Contract Validity:

As the stated purpose of the CISG is to remove legal barriers in international trade, it would be a logical step to look not only at international court cases, but also at the laws of the various legal systems themselves, as the foundation on which to build uniform law; one such system is that of the State of Israel. While the nation incorporated the CISG into its laws in 1999, it retained its own regulations for contract formation, which are expressed in Contracts Law (General Part), 1973. Subjects that are covered by the Convention, such as offer and acceptance, are discussed, as well as subjects that are not- the most significant being invalidity.

Article thirty of the Contracts Law states that if the content or object of a contract is “illegal, immoral, or contrary to public policy”, it is void. Furthermore, articles fourteen through eighteen list factors that, if present, allow a contracting party to rescind the contract: mistake, deceit, duress, extortion. Mistake is defined as a mistake of fact or law which does not include a mistake about the “worthwhileness” of the deal. The article further states that mistake is ground for rescission only if the contract cannot be preserved by rectifying the mistake. Deceit is defined as “the nondisclosure of facts which the other party, according to law, custom or circumstances, should have disclosed,” and is grounds for rescission when it has resulted in a mistake by the victim party who entered into the contract only in consequence of that mistake. Duress is grounds for rescission if a person has entered into a contract due to force or threats applied by the other party, subject to the limitation that “a bona fide warning that a right may be exercised does not constitute a threat.” Finally, rescission by reason of extortion is allowed if a party or his agent takes advantage of the distress, inexperience, or mental or physical weakness of the other party, and the terms of the contract are unreasonably less favorable than is customary.

[6] Israeli Case Law on Contract Validity:

In order to use Israeli law as a model for creating a uniform law on contract validity, one cannot only look at the law, but must also observe how it has been applied by the Israeli courts. In Ben Lulu v. Atrash Elias , the plaintiff and defendant had come to a settlement agreement regarding an accident in which the plaintiff was injured; the agreement barred all future claims. Upon discovering new injuries, the plaintiff again brought suit against the defendant, who claimed that this suit was prohibited by the original agreement. The Supreme Court ruled that a contract is a device for allocating risk and that a court must not interfere with an otherwise valid contract just because the parties included a known certainty when drafting their agreement .

While uncertainty is not grounds for invalidation, contracts based on deception have been held by the Israeli Supreme Court to be void. In Meir Vofna v. Ogash, a couple was looking to buy a home in a quiet neighborhood; the seller of a home insisted on showing the buyers the house only on a Saturday, the Jewish day of rest. After signing the agreement, the buyers learned that the house is near a noisy construction zone, and that the seller intentionally deceived them by showing the house on the day that no construction is done. The court annulled the agreement .

Duress has also been found to be grounds for contract annulment. In Rahamim v. Expomedia Ltd , a joint venture in a fair sought to annul his joint venture agreement on the grounds that the defendant forced him to invest more money by threatening to end the project before it began. The Israeli Supreme Court ruled that economic pressure is sufficient grounds to annul an agreement. In Diyur Laole Ltd. V. Keren , the court held that duress can be found at any point before the agreement is signed, up until the actual signing, but not at any time after that .

Finally, in a case where a woman was seeking to annul her marriage contract, the Israeli court referencing Article 30 of Israel’s Contract Law in stating that a court can annul a contract which goes against the values, interests, and major vital principles that the legal system was seeking to preserve and develop.

[7] Comparison to Other Legal Systems:

In formulating a uniform law regarding contract validity, it is also important to look at how the laws of specific signatory countries relate to each other. For example, the aforementioned Israeli validity rules are similar to those of China. According to the Contract Law of the Peoples Republic of China, a contract is void if it is created through the use of fraud or coercion, has an illegitimate purpose, is damaging to the public interest, or violates compulsory laws and regulations. Further, a party has the right to request a court to modify or revoke a contract which is the result of a significant misconception, was obviously unfair at the time of its conclusion, or was concluded by exploiting a party’s unfavorable position.

Also similar to Israeli law is European contract law, codified in The Principles of European Contract Law 1998, Parts I and II. According to these principles, a contract may be avoided if it was concluded as a result of fraudulent misrepresentation, fraudulent non-disclosure, an imminent of serious threat, or the other party had excessive benefit or unfair advantage. Specific contract clauses may be avoided if they have not been individually negotiated and cause a significant imbalance in the rights and obligations of the parties.

These three law systems are just a small portion of the seventy-one nations whose interests must be addressed. Comparing the laws of the various signatory countries is key in ensuring that the uniform law on validity, once formulated, will not stray too far from the interests of each nation, and will strike a balance that will suit the stated goals of the CISG.

[8] Conclusion:

When the drafters of the CISG set out to create a uniform law, their stated purpose was to promote the development of international trade while keeping in mind the varying world legal, social, and economic systems. While many issues were addressed and resolved in creating the CISG, the issue of validity has remained a heavily-debated and enigmatic one. Supporters may claim that deferring contract validity to the several domestic systems allows flexibility, but the fact remains that as long as there is no uniform law regarding the subject, different court systems will apply different law, and parties will have no continuity in their expectations. In order to create such a uniform law, one must look to the laws of the various states, such as Israel, and find a consensus among the laws on issues such as mistake, duress, and illegality.

Until this difficult process can be completed however, practicing lawyers are left with the dilemma of how to protect their clients and the contracts to which they are parties; the answer is twofold. First, a prudent attorney drawing up an international contract should consult an attorney from the other party’s country, in order to ensure that the agreement’s validity will hold up in both forums. Second, since a contract drawn up according to the CISG is subject only to the laws of the CISG, it is crucial to expressly designate the choice of law to be referred to in case an issue arises for which the CISG has no resolution (i.e. contract validity). If these two steps are taken, the potential for conflict between two parties regarding contract validity will be decreased. Until a uniform law or treaty is created, it falls on attorneys to “promote the development of international trade.”


Attorney Nir Bar specializes in corporate & Business law and is a head partner at “Nir Bar Law Firm” in Israel; http://www.barlawyers.com Attorney Bar authored further articles and published the Israeli book: “The complete guide to mortgages in Israel”. The aforesaid does not constitute legal advice nor replaces it. Attorney Nir Bar may be reached at www.barlawyers.com

The author wishes to express his deepest regards to Mss Natanella Har-Sinay, for her excellence research and assistance.

Patrick C. Leyens, CISG and Mistake: Uniform Law vs. Domestic Law [The Interpretive Challenge of Mistake and the Validity Loophole (2003), available at http://cisgw3.law.pace.edu/cisg/biblio/leyens.html#con.


Helen Elizabeth Hartnell, Rousing the Sleeping Dog: The Validity Exception to the Convention on Contracts for the International Sale of Goods, 18 Yale. J. Int. Law 1-93 (1993), available at http://cisgw3.law.pace.edu/cisg/biblio/hartnell.html


Ulrich Drobnig, Substantive Validity, 40 Am. J. Comp. L. 635-644 (1992), available at http://cisgw3.law.pace.edu/cisg/biblio/drobnig2.html.

John A. Spanogle & Peter Winship, International Sales Law: A Problem-Oriented Coursebook, 131-132 (2000).

Hartnell, supra.

Drobnig, supra.


Hartnell, supra.

Christoph R. Heiz, Validity of Contracts Under the Untied Nations Convention on Contracts for the International Sale of Goods, 20 Vand. J. Transnat’l L. 639-663 (1987), available at: http://cisgw3.law.pace.edu/cisg/biblio/heiz.html.

Hartnell, supra.




Heiz, supra.


Spanogle, supra.

Dr. Peter Schlechtriem, Uniform Sales Law – The UN-Convention on Contracts for the International Sale of Goods (1986), available at http://cisgw3.law.pace.edu/cisg/biblio/schlechtriem-04.html.

Heiz, supra.

Hartnell, supra.

Leyens, supra.

Hartnell, supra.

Oberster Gerichtshof, 8 Ob 22/00v, 7 September 2000.



Pharmaceuticals Tech. Corp. v. Barr Labs. Inc. 201 F.Supp.2d 236 (2002).



Article 30 of the Israeli Contract (General Part) Law, 1973.

Id at Article 14(d).

Id at Article 15.

Id at Article 17.

Id at Article 18.

Civil appeal 2495/95 Hadas Ben Lulu v. Atrash Elias, Supreme Court Verdicts vol. 51(1), page 583 (1997).

For further verdicts regarding Mistake in Contract see also: Civil appeal 406/82 Nahmani V. Galor, Supreme Court Verdicts vol. 41(1), page 494; Civil appeal 2444/90 Aroesti v. Kashi, Supreme Court Verdicts vol. 48(2), page 513; Civil appeal 8972/00 Shlezinger v. Hafenix Hevra Lebituah, Supreme Court Verdicts vol. 47(4), page 814.

Civil appeal 373/80 Meir Vofna v. Dan Ogash, Supreme Court Verdicts vol. 31(2), page 215 (1981).

For further verdicts regarding Deception in Contract see also: Civil appeal 494/74 Hevrat Beit Hashmonaim v. Aharoni, Supreme Court Verdicts vol. 30(2), page 141; Civil appeal 838/75 Spector v. Tzarfati, Supreme Court Verdicts vol. 32(1), page 231; Civil appeal 488/83 Tzan’ani v. Agmon, Supreme Court Verdicts vol. 38(4), page 141; Civil appeal 373/80 Meir Vofna v. Dan Ogash, Supreme Court Verdicts vol. 31(2), page 215 (1981).

Civil appeal 8/88 Shaul Rahamim v. Expomedia Ltd., Supreme Court Verdicts vol. 43(4), page 95 (1989).


Civil appeal 5493/95 Diyur Laole Ltd. V. Shoshana Keren, Supreme Court Verdicts vol. 50(4), page 509 (1996). This case involved an agreement by two neighbors to move out of their building. One year after the agreement, they claimed they were forced to sign by their other neighbors.

For further verdicts regarding Duress in Contract see also: Civil appeal 403/80 Sassi v. Kikaon, Supreme Court Verdicts vol. 31(1), page 762; Civil appeal 784/81 Shaffir v. MArtin, Supreme Court Verdicts vol. 39(4), page 149; Civil appeal 4839/02 Ganz v. Katz, Supreme Court Verdicts vol. 48(4), page 749; Civil appeal 1569/93 Maya v. Penford, Supreme Court Verdicts vol. 48(5), page 705; Civil appeal 6234/00 SH.A.P Ltd v. Bank Leumi, Supreme Court Verdicts vol. 37(6), page 769.

Civil appeal 8256/99 Jane Doe v. John Doe, Supreme Court Verdicts vol. 58(2), page 213 (2003). See also Civil appeal 148/77 Rot v. Yeshoofe, Supreme Court Verdicts vol. 33(1), page 617; Civil appeal 661/88 Haymov v. Hamid, Supreme Court Verdicts vol. 44(1), page 75; Civil appeal 139/87 Soolimani v. Katz, Supreme Court Verdicts vol. 43(4), page 705; Supreme Court of Justice case 6051/95 Rekent v. Beit Hadin Haartzi, Supreme Court Verdicts vol. 51(3), page 289; Civil appeal 695/89 Shilo v. Be’eri, Supreme Court Verdicts vol. 47(4), page 796.

The Need for Intention to Create Legal Relations in Contract Law

Under UK law, an agreement supported by consideration is not enough to create a legally binding contract, the parties must also have an intention to create legal relations. Often, the intention to create legal relations is expressly stated by the contracting parties. In other situations, the law will readily imply the intention, because of the nature of the commercial dealings between the parties.

The presence of consideration is often indicative of the intention to create legal relations, though there are situations where the presumption of the intention can be rebutted, thus determining that there is no contract and no legal liability.

In many domestic agreements, for example those made between husbands and wives and parents and children, there is no intention to create legal relations and no intention that the agreement should be subject to litigation. Familial relationships do not preclude the formation of a binding contract, though to create contractual relations, there must be a clear intention on either party to be bound.

While there are conflicting legal authorities on whether specific facts involving familial relations result in binding and enforceable agreements, it seems settled that in domestic agreements there is a rebuttable presumption that the parties do not have intention to create legal relations.

In commercial agreements, there is a rebuttable presumption that parties intend to create legal relations and conclude a contract. In determining whether parties have created legal relations, courts will look at the intentions of the parties. If in the course of business transactions, the parties clearly and expressly make an agreement stating that it ought not be binding in law, then a court will uphold those wishes. However, if a court is of the view that there is any ambiguity of intention, or that such intention is unilateral, such contract will be voided. The burden of rebutting the presumption of legal relations in commercial agreements lies on the party seeking to deny the contract. In terms of commercial contracts involving large sums of money, case law has determined that it is a heavy burden.
It has been decided in the UK, that so called “Letters of Comfort”, which express a parties intention on business dealings can amount to an intention to create legal relations and so bind a party in contract, but that it will depend on the nature of the specific wording used.

Agreements between companies and trade unions have also raised the question of the intention to create legal relations. Collective agreements are generally not intended to be legally binding. It has been held that specific provisions of collective agreements can be incorporated into individual contracts of employment and thus legally binding.

The intention to create legal relations is an essential feature of contract law in the UK, and the existence of the intention will depend on the nature and form of the contract and the contracting parties.

International law questions and answers

According to international law, does Israel have a right to build a wall around an occupied people?
No, it is completely illegal. International Court of Justice ruled that the wall was illegal and ordered Israel to tear it down. The Tel Aviv newspaper Haaretz, quoting court documents, reported that by a 14-1 vote the judges found the barrier,.

According to international law, soldiers who are sent in war in other countries, they’re staying legal ?
There is a large body of international law and customary practices that govern armed conflict between nations. Under these laws, soldiers usually meet the legal requirements to be considered as ‘combatants’ and as such their actions and their actions are considered.

What type of career options are available for lawyers specializing in international law?
Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..

Which human rights can never be derogated according to the international law?
I know the right to life is one of them, and then the right not to be tortured and held in slavery. Which are the others?.. ‘Right to life, Right to liberty, right to fair trial, freedom of speech. – I’m not familiar with the term ‘derogated’.

Would George Bush be executed if tried by The International Court?
Illegal invasion, deaths of 100,000s of thousands of innocent people, torture, etc.: all illegal under international law. Or does our power and wealth give us the right to ignore the law and the feelings of the rest of the world. No. The International Court doesn’t give the death.

Does Israeli destruction of Palestinian homes ‘violates international law??
By Donald Macintyre in Jerusalem 19 October 2004 http://news.independent.co.uk/world/midd.international law Israel has systematically violated international law by destroying the homes of 16,000 people in Gaza’s southernmost town regardless of military necessity, a leading New York-based human rights agency said yesterday. Human Rights Watch suggested Israel has used weapons-smuggling.

how can international law be used as a tool for conflict resolution?
The same way that Federal law is used as a tool for interstate conflict resolution. Remember that the original 13 colonies were 13 nations at first, and they agreed to give the federal government the authority to handle international disputes. Same with the EU. The member.

‘for the police in washington dc to search the embassy of foreign country would be considered’?
a legal only if the police had a warrant b.acceptable under international law c. a violation of diplomatic immunity I’ll guess C. – C and grounds for a declaration of war against the United States of America. What are you waiting for? -.

Has anyone caught onto anything suspicious lately?
Think about your rights. Think about the constitution. Think about dumb people. We have lost our 1st, 4th, 5th, and 6th amendment rights. The constitution has been replaced by the Civil Rights Act and international law. I don’t know what to think about dumb people. But 2 out 3’s not bad. -.

What is the cisg?
Contracts for the International Sales of Goods. – CISG stands for the United Nations Convention on the International Sale of Goods. It codifies private international law with respect to the international sale of goods. The United States and most of its important trading partners have ratified the Convention. It is a binding treaty in.

How has Bush violated international law? What laws did he violate?
Numerous UN Treaties (accepted and ratified by the US) which set forth standards for treatment of prisoners (see Abu Gharib) including the Geneva Convention (which the US has said we are no longer following in the ‘war on terror’). Also, civil rights violations — numerous treaties forbid.

I am an American but I want to move to the UK and pursue law. Do you think this is a bad idea?
It’s a good idea if you intend to practice international law or stay to practice in the UK. The legal system in the UK is very different from the one in the US. Do your.

Since Mexico abandoned all their oil rigs, if I can find someone crazy enough to go there, will I be able to?
claim them as abandoned property under international law. Was just thinking if that would work. Dean is 6mph short of being a cat 5. Not many will take you up on that suicide mission. – If the.

if a nation declared war, what’s the status of a captured foreign saboteur, in international law .?
Asking NOT because of Guantanamo, but for a case coming to my attention happening in WW2. along with that.. Geneva convention. since when is it valid and did we signed it ? The Geneva convention only protects soldiers in uniform and properly.

Is a blockade considered to be an act of war under international law? I.E. Cuban Missile Crisis.?
This is a good question. Generally, I would consider a blockade to be an act of war, but I think that what is considered an act of war can be different for different countries. For example, if the UN agreed to.

is a criminal justice a lawyer that goes to court and defends people?
is like what is the diference between pre law studies, criminal justice, law, advanced legal reaserch,coparative law and international law. Haha, no – criminal justice refers to the field of study that examines crime as a social phenomenon, and traditional focuses on the agents, procedures, and.

Is it true that the United Nations must sanction a war for it to be legal? Is Bush a war criminal then?
Bush going to war violates international law but it does not constutute war crimes such as genocide. According to the Un resolution 1441: ‘The Security Council may decide what measures not involving the use of armed.

Is it true that to become a citizen of Israel one has to be Jewish? Is that legal under international law?
It is obviously discriminatory. I don’t think the U.S. should support any country that requires the citizens to be a specific religion. This concept is so un-American that it would make the writers of the Bill of.

is there an international law stating that a child or teenager must be home by 5 o’clock?
me and my mom are argueing over this she says there is but i dont think so Not international, but if that’s what your mother says, then it is her law and you still have to follow it. That doesn’t make any.

Please tell me where I am wrong with this seemingly inescapable logic on the Iraq situation?

Watch: Bruce Jenner Answers Questions About Surgery and When He Plans to Live Entirely as a Woman

1. If there was no WMDs then there was no immediate threat to the US 2. If there was no immediate threat to the US, then there was no justification under both international law and our own president?? statements * 3. If there.

send all illegals home!agree or disagree??
Subject: TRY THIS CRAP IN MEXICO If you are ready for the adventure of a lifetime, TRY THIS:Enter Mexico illegally. Never mind immigration quotas, visas,international law, or any of that nonsense. Once there, demand that the local government provide free medical care for you and your entire family.Demand bilingual nurses and doctors.Demand free.

Should there be some sort of international law agianst world prostitution?
I’m so so sick of how drugs get taken care of but the one very immoral subject is left untaken care of- prostitution. In Asia alone, prostituition is everywhere from Taiwan, Japan to Thailand. It’s illegal in these countries, but heck who’s going to enforce the law? The.

Should Tony Blair be prosecuted for crimes against humanity?
What ‘crime against humanity’ has he committed? I’m not a big fan of Blair, but I adhere to the use of facts, evidence, proof, logic and reason in arguments. First, what actions has he done that can be construed as violations of international law? The charges need to be.

War crimes and international law – please do survey?
1.Age? 2.Male / Female 3.Where were you born? 4.Are you or your parents immigrants to Australia? From what country? 5.What is a war crime? 6.Who do you believe was responsible for the outbreak of World War Two? 7.The Axis nations were more heavily tried and convicted of war crimes at.

Was the intervention by the int community in the first gulf war legal?
Cos based on international law i was just wondering. I mean forgetting all the political issues associated with the war it is a bit confusing. I think that the Republicans would say that it was legal, because the United Nations’ Just War Theory requires that intervention.

Was the U.S. invasion of Iraq a violation of international law?
No, and for those who think it did, please cite which ‘International Laws’ were broken. Clearly there were numerous UN resolutions that authorized the use of force against Iraq for their violations of the resolutions. – As far as I can tell, no. – don’t think so.

can countries enforce laws from other countries?
i’m doing international law andd need to know whether a piece of valid prescriptive jurisdiction say prohibiting the causing of harm to a state’s nationals anywhere in the world could be enforced by a state which didn’t actually pass the legislation. so for instance if the United Kingdom made a law making.

what is the different between aggression and self defence in the international law?
are there similarities or differences between them? what role does security council play before taking actions against countries? aggression is when you provoke a fight, a verbal assault, a battery, etc self defence is when you try to protect yourself from such aggressions. self defence has.

what is the legal status of voluntary human shields under international law?the consequences of an attack on 1
in terms of the geneva conventions and other treaties. what are the consequences of an attack on such target? In practical terms, the legal status is nothing since, for the most part, international law is more concept than practice. Sovereign law.

what should be the role of foreign and international law in the U.S. Supreme Court decisions?
Particularly those that expand civil liberties? US Supreme court decisions should be based on interpretaion of US law and foreign and international law have no place. Decisions should be based on precedence and current law. By going outside of our laws, they are.

why America pressurized the world for international laws and violate himself ?
I’ll have to assume that you are asking why the United States is pushing Iran to give up its nuclear program while we maintain one ourselves. First, the nuclear program of the United States does not violate international law. Our program follows conventions agreed to by.

why do new nation accept international law?
Not necessarily so. From my perspective international law is often a framework created to endorse political power and control. To justify otherwise unjustifiable means. Where international conventions genuinely attempt to redress social ills their transposition into a new nation relies on the legitimacy of those laws to that nations people. This.

Why not just shoot them??
If, according to international law, mercenaries are not protected by the laws of war, and could be treated as criminals, whats all the fuss with the prisoners at Abu Grab? According to international law they have no rights. Would they not be considered mercenaries? http://www.ohchr.org/english/law/mercenaries.htm i agree kill em all. – ARE THEY NOT.

Can the states withdraw from de union according to international law?
States can theoretically vote to secede from the union, but in practice that would be very difficult to do, because few states have a viable economy on their own. They are too inter-dependent on federal programs and money. The US Supreme Court ruled that states do not.

Do citizens of an occupied nation have the right to attack the foreign invaders under international law ?
I think that if your country is attacked you do have the right to defend your homeland against foreign invaders. And once occupied you still have the right to fight for your country and try to restore it to its.

Does a surgeon diseased with hepatitis c have the right to practice operations?
i am a surgeon diseased with hepatitis c , according international law of surgeons , i have the right to practice operations or not ? No you’re not; you’re some kid trying to get us to do your homework. – This is the appropriate place for.

In international law, what status does a signed but unratified treaty have? Does it have any force in law?
What is the difference between an international treaty that has been signed and ratified (by a country’s national legislature)and one that has been merely signed but not ratified between two or more countries? If one country signs and ratifies but.

Top 4 Broken Engagement Law Questions

It may not be against the law to break off an engagement. But the question that may arise is who would get the ring after the engagement is broken off. There would be many such questions in a broken engagement that may require the opinion of a legal expert. Given below are the common questions about broken engagements.

Q. If the engagement ring was given as a birthday present or Christmas gift, can one get it back after the engagement is broken off?
In most situations, if the ring was given as a gift before marriage, it may have to be given back to the person who gave the ring. But if the ring was not considered a pre-marital gift and was given on a different occasion like a holiday, then the individual may not have to return it.

Q. Can an individual be sued for a broken engagement ring in a small claims court in the state of Illinois?
The state of Illinois does not have any specific laws regarding broken engagements. In most states, the engagement ring is considered as a conditional gift and may have to be returned to the person who gave it if the engagement is broken off. In some states, if the engagement is broken off by the person who gave the ring, then the court may treat the ring as a gift and may not have to be returned. However, the receiver may have to return it, if they were the one to break off the engagement.
An engagement ring may be considered as a legal gift if person who gives the ring has had the intention to gift the ring, the delivery of the ring is done to the receiver of the ring and the ring is accepted by the receiver. If the receiver of the ring can prove these 3 points, the court may consider it as a gift and it may not have to be returned.
Q. Can one get the ring back after the break up, if the other party has the receipt of the ring?
An engagement ring is considered as a conditional gift and in most cases one may be forced to give it back after the break up. If the case is taken to court, one may have to prove that it was a conditional gift.

Q. What legal actions can be taken, if the receiver does not give back the ring after the engagement is broken off in California?
In most situations, an individual may be able to get back the engagement ring if the engagement is broken off. One may take the case to small claims court if the receiver of the ring refuses to return the ring in a broken engagement in the state of California.

Many times it may be difficult to cope with a broken engagement and people may take time to get over it. Most of the times the engagement ring becomes the reminder of the broken engagement and it can be difficult to decide who gets the ring. You can ask family lawyers on JustAnswer to get more information about broken engagement laws.

The Legal Issues of Customs and Importing Goods

When it comes to importation, you always have to look into the legal aspects of importing your goods and if your moves comply with the country’s rules and regulations. But the good news is there are only a few numbers of customs and importing regulations. But if you’re importing for the first time ever, the best recommendation is to use a broker. By doing so, things will easier for you in the long run, especially when you already know the necessary steps to product importation.
There may be times when you are purchasing from or the shipping companies themselves will be dealing with the importation forms on your behalf. If your imports are lighter than 150 lbs or 68 kg (this is the maximum weight that the shipping companies can handle), you can just pick these up at the post office. Have those customs duty paid. There may be times when you will be receiving a notification informing you that your goods are held up at a certain location and will only be released once the import duties are paid up. You will also be informed where and when the items can be picked up.
But, for sure, you will be importing heavier and larger goods than this. They will more likely be in container loads of half containers.
Limitations Set by Customs
Before ordering your products, you need to look into the restrictions and the necessary special licenses. Countries differ in their regulations towards restricted goods.
There may be countries that ban goods that you have already expected, such as drugs and chemicals. On the other hand, there are countries whose restrictions can leave you shocked. Just like in Italy, importation of shoes is disallowed. In Australia, you can’t also import cultural and heritage goods.

Here’s an important thing to consider. If you are thinking of selling your goods to International buyers, you must look into the Customs regulations of other countries.
Just visit the Customs’ websites for your country and the countries where you are planning to sell your items. If the information you’re looking for isn’t there or if it’s lacking, you can opt to contact Customs directly by phone or email.
•    USA http://www.customs.gov
•    Australia http://www.customs.gov.au
•    New Zealand http://www.customs.govt.nz/default.htm

Negotiating for a Contract

After finding a supplier for your product, you have to discuss a contract. The contract must tackle matters like the price per unit, packaging, how many items are to be loaded into each case, shipping terms and others. There is a lot of shipping terms which you confer with. But you must keep in mind that your contract will make the supplier take the greater risk on board more than you do.

Here are some of the most important shipping terms:
•    Ex-Works – Once the goods are no longer at the supplier’s doorstep, you will already be responsible for all the costs.
•    FOB – This means that at the supplier will shell out all expenses from the very beginning up to the Port of departure and the export fees as well.
•    CIF (Cost, Insurance & Freight) – Supplier pays the costs, insurance and freight charges for sending the goods up to the port of destination.
•    DDU (Delivered Duty Unpaid) – Supplier disburses an amount for all the costs incurred in delivering goods to the buyer’s door. This excludes the duties, of course.
•    DDP/CARRIAGE PAID (Delivered Duty Paid) – From the term itself, the supplier pays all the expenses including the duties as the goods are delivered on the buyer’s doorstep.
•    FOB (Freight on Board) – This is most common shipping term which pertains to the freight expenses to the point of loading.
There are few things you need to take into consideration because there are some terms which might get you confused, such as the following:
•    FOB factory (Freight on Board Factory) – This pertains to the payment of onward costs to the local port or airport which likely results to price increases. This usually happens if the company is located inland.
•    ‘CI&F’ or Cost, Insurance and Freight – Other than the FOB price, you are also given the insurance and freight costs. This way, you can come up with a good budget. Or if you’re fortunate, you can have the price paid up once it’s delivered to your door.
To gain more information on importing and exporting (especially when you’re a newbie), visit the Export 911 site at http://www.export911.com/e911/gateway/gateway.htm. This site offers you valuable information on the stages of the import/export process as well as the importing terms and requirements. From the domain name itself, this site is dedicated to exporters instead of importers. However, most of the terms and processes are the same. This site is aimed to make you use their services and so the processes involved are pertained in those terms.

Magnitude of Shipment

The cost of shipment relies on the volume you want to ship. It could come in a Full Container Load or a Lesser Container Load.
The standardized container sizes of full container loads come in 20 foot and 40 foot lengths and can hold whatever products you desire to load. The shipping costs already include the usage of the container. But if you are planning on making regular purchases, you may buy a container if you like. If the products are purchased from one supplier only, the container will be brought to the supplier’s location, filled up on site, conserved and gathered to be shipped to your country. If you’re purchasing from various suppliers, you can have all the goods delivered to your chosen freight agent who will be loading the products at their own location. To save more on money and labor, full container loads are great for shipping your goods. Aside from this, Export/Import processing and Handling & Haulage costs are easier on your budget since full container loads are considered as a single transaction.
On the other hand, if you are not importing products on a full container load, your shipment will be combined with the shipment of other companies that are going to be delivered on the same destination. The charges of a Lesser Container Load are computed by the volume your goods take up in cubic meters. In contrast to full container loads, Lesser Container Loads are impractical. Packaging, loading and unloading the products are can be very exhausting.
Proof of purchase and Documents
Once you have already negotiated with a seller (which already includes the shipping terms, price of goods and the type of packaging), the seller sends you a pro forma invoice. You will be paying these based on what has been agreed during the negotiations.
Generally, pro forma invoices are advance copies of the final invoice. These are necessary in applying for a letter of credit (L/C) and/or foreign exchange (import) allocation.
Once the items arrive, they are coupled with the commercial invoice. Similar to a sales invoice, the Commercial invoice clears the goods throughout the customs. The only difference is the Commercial invoice consists of particular details needed for export-import purposes. To see what a commercial invoice looks like, check http://www.export911.com/e911/export/docCI.htm#docCI.
Keep in mind that the invoice contains the things you wanted and have agreed upon. What the supplier wants is also on this invoice. Thus, you have to double check everything to minimize miscommunication.
Arrange your own shipping
If you prefer to have your own shipper, you can look for shipping companies in Google. When you do, obtain quotations from these shipping companies, so you’ll know what company to choose from. The best part is, you can definitely save around $100 and $500!

If you would like free access to a video training series on
importing from china then check out
Brendan Elias and Alex Ryan have been teaching business owners
how to start their own importing business from scratch, and
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National TV on the Kerrie Ann Show, Financial Review and many

Legal Issues Related to a Deathbed Will

A deathbed Will is a Will Last Will & Testament that is created and executed when the testator (the person distributing his/her property) is facing imminent death. There are several legal issues relating to a deathbed Will which can undermine the purpose of the Will. As a result, it makes sense not to wait until the last moments to declare your final wishes.

Basic Considerations

Circumstances may not allow the testator to use a printer for declaring his or her Will. Therefore, a handwrittenWill, also known as a holographic Will, is acceptable in some jurisdictions, including New York. However, to make a holographic Will legal, certain evidence has to be produced before the court. A report from a handwriting expert or signature match analysis can serve the purpose. Also, the Will should reflect that the testator was intending to declare the Will to be his or her Last Will and Testament. This is made possible by including statements such as, “I make this as my last Will and Testament” or “This is my last will.” Also, the Will should specifically contain information about property distribution among intended beneficiaries.

Legal Challenges to Deathbed Will

Since a deathbed Will is not always accepted as a valid legal instrument, beneficiaries can challenge the terms of the Will. Most often these Wills are challenged on the basis that the testator lacked mental capacity (due to illness or other issue) to make sound judgments. Such challenges usually lead to complicated legal cases which can continue for several months or even years.

A deathbed Will typically creates a catch-22 situation. Consult an expert estate planning lawyer to make sure that the Last Will & Testament follows laws applicable to the jurisdiction. This will also help to avoid any potential will contest or litigation after the death of the testator.

If you have any questions, please contact our office today.

Factors To Be Cautious About When Doing Legal Translations

Legal translation describes the art of interpretation of law from one language to another. It is all about translation of texts in the legal arena, keeping in mind the legal framework of the country one is working for. A great bit of legal translation should have the ability to bridge the gap, as much as possible, between the ‘ideal’ and the ‘real ‘. Legal translation is really a challenging task, which requires careful handling of legal nuances.

In this growing era of corporate communications, business houses, governments in addition to ordinary individuals have to bank upon accurate translation services, court documents and legal documentation to safeguard and promote their respective interests. A piece of legal translation can alter the fate of a certain legal case. Unlike popular belief, only writing handwritten notes or plainly recording the voice doesn’t ensure good legal translations. So, to make sure client satisfaction, amateur legal translators need to remember certain cardinal points, which are absolutely necessary when doing any type of legal translation.

I. Clarity is the key word that one needs to remember while doing legal translation. Lucid translation of the legal text can be an imperative when doing legal translations. To be able to avoid mistranslation you ought to consult the concerned parties if and when required. The work of a legal translator entails comprehending the meaning and context of a certain legal document and then conveying it in a certain legal language. Underneath line is to express the crux of the situation in an easily understandable format.

II. While doing a legal translation, stylistic differences should be studied care of. The translator must certainly be well equipped to take care of repetitive terms in English that essentially have exactly the same meaning. Consulting translation memories, legal dictionaries and terminologies may go a considerable ways in removing ambiguity and ensuring consistency over the wide range of projects.

III. In a few countries, legal translation services require certification to be able to ensure accuracy. Translators should keep in mind these country specific demands to make sure client certification. Translators also need to look after confidentiality dilemma of a certain legal document.

IV. The legal texts of a country are an embodiment of the customs and rituals of the country it represents. Regulations of a country are replete with the traditions and social context. In the event of any confusion a translator must consult a legal dictionary and carefully choose a suitable word.

V. Legal translation services aren’t informal processes. Rather, it demands vital commitment and appropriate understanding of the main translator. So, while translating the names of people, places and other activities unfamiliar to the culture of language, the translator should really be very vigilant with proper spelling and chronology. It can also be true about other important data like dates, numbers etc.

Excelling in the field of legal translation services is not a cakewalk. It needs technical skills to accomplish fluency in this field. In summary, legal translators should really be competent enough to generally meet the goals of churning out clear and readable documents. With experience, proficiency and determination one can easily achieve this goal. Amateur translators dabbling in legal translation should keep in mind the points outlined above to save lots of their clients from unnecessary harassments, lawsuits and loss of money.

Experienced Family Lawyer in Sydney CBD for Legal Advice on Your Rights and Obligations

Trust, commitment and love are the important words that are always in priority and of course the base of any relationship. A family is also depending on these main pillars and if any of the pillars weakens, it may result in an end. It results in separation and then divorce. Situation becomes critical especially when there are children involved. In that case, whether you are going to file a case or want to make your matter in court stronger, what is the first and important thing is the selection of right and experienced family lawyer as he/she provides not only professional legal advice on your rights and obligations, but also guidance for the duration of this difficult period.

Professional lawyers work with the motive of minimizing antagonism and financial burden by simply assisting you reach a good-natured agreement with your ex-partner as quickly as possible. They also take special care to ensure that the best interests of the children are placed first. Not forget to mention the main point as both parties (in majority of cases) try to settle out of the court. Professional lawyers provide you a gamut of services and support in all matters related to family laws that include divorce and separation, property settlement, child support, child custody, de facto relationships, domestic violence and AVOs, financial agreements, family law court representation, family law mediation, spousal maintenance or support and same sex couples.

In addition, these professionals have extensive experience in negotiating with ex-partners to attempt to reach an amicable agreement without the pain and expenses that can arise from a lengthy court battle. In case, one is unable to reach an agreement outside the courtroom, these professional lawyers, give a home assessment of what they believe will be probable result of court case and the predictable legal costs.

Search for the Right Law Firm or Independent Family Lawyer in Sydney CBD

It is easy and hassle-free to search for the right and reputed law firm or an independent family lawyer in Sydney CBD. Today, there are numerous renowned firms and independent lawyers are practicing in different cities and regions in Australia. They are offering the best solutions and suggestions to file your case or for court hearings and defendants. In case you are going to file a case or you need help for court hearing, you will get the best solutions from the selected one as per your requirement and choice.

Some professional and reputed law firms and independent lawyers have started offering their services online. You have to choose the best one according to your choice and requirement. These service providers leave no stone unturned in any kind of support you need.

There is a lot more provided by these lawyers in Sydney. Their main motive is to ensure better decision and expected outcome. As far as their fee and charges are concerned, they depend on various points. However, they will go well your budget and fulfill your requirement.

Feel free to visit the site of any famous lawyer or a reputed law firm and leave rest of the work on experts there.

K2 Legality

Even though K2 products do not contain any controlled substances, many states have already adopted legislation making the same laws that apply to marijuana or other controlled substances also apply to K2 products. Those states that have adopted legislation making K2 illegal are Kansas, the first state to ban K2, Iowa, Missouri, Arkansas, Kentucky, Alabama, Michigan, and Illinois (K2 will remain legal in that state until the end of 2010.) So, this means that in the other 42 states, K2 is still legal.

Many people question why K2 legality should even be an issue. After all, as has already been mentioned, there are no controlled substances in K2 like there are in marijuana and other drugs that are considered illegal. Except for those K2 products which do have synthetic chemicals added to them, the herbs and botanicals found in them are natural.

The herbs are the same as those cultivated for use in a home or restaurant kitchen, or that grow wild. The same holds for the botanicals-which is just a “dressed-up” word for plant parts. The plants that are chosen to be combined with the herbs grow naturally indifferent parts of the country or the world.

It is known that some herbs and plants have medicinal properties, and some do contain natural substances that may have an effect on some people. For example, an herb with the very descriptive common name of “Horny Goat Weed” comes from China. Its real name is Epimedium. The Chinese have long believed this plant has aphrodisiac properties. One type of K2 product, Solid Sex, has this plant in it, along with herbs and other plants.

Another thing that may have some people wondering about the K2 legality issue is the intended use for K2 products. K2 manufacturers make K2 products for use as incense. The products are intended to be used in incense and potpourri burners or otherwise heated in a safe manner until the aroma and essences of the herbs and botanicals can be detected.

Now, it is true that heating K2 incense products will also release any synthetic chemicals that were added to the natural herbs and botanicals. And, some people maybe affected by these chemicals. However, they may also feel the effects of any natural essences that can be found in certain plants, such as Horny Goat Weed.

Perhaps the best way to approach K2 legality issues is by doing so the same way that any issues would be considered. If K2 has been made illegal in your state, but you still wish to use it then you will have to think about whether the risk of being caught inpossession of K2 incense will be worth it.

If you live in one of the states that have made K2 smoke illegal, you probably know you canorder it online from the privacy of your own home. If you buy k2 and only use when you are in the privacy of your home or at someone’s home to which you have been invited, and do not go out in public if you are feeling any effects until they have completely worn off, you should not have any problems.

In those states where it is still legal to purchase, possess, sell, distribute, and use k2 incense, then you know that not only can you purchase it online, you can also buy it incertain retail outlets. That’s because it’s an incense product, just like the incense you buy at other places. You should still, however, only use K2 incense at the right time (when you have taken care of all obligations and responsibilities) and in the right way (as incense only.) Again, if it does affect you, you should not drive or operate heavy machinery, and you should remain where you are until all effects have worn off.

when does an agreement become a contract?

A contract is an agreement which gives rise to obligations which are recognized by law. Thus, the course of dealings between the contracting parties would be governed by stipulations contained in the agreement which is enforceable if it is not repugnant to law of the land.

Anson- A contract is an agreement enforceable at law made between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the other or others.

Fredrick Polllock- Every agreement and promises enforceable by law is a contract.

Salmond- Contract is an agreement, creating and defining obligations between the parties.

Section 2(h) of Indian Contract Act 1872 defines-

An agreement enforceable by law is a contract.

Section 10 of Indian Contract Act 1872 defines-

An agreement is a contract when it made for some consideration, between parties who are competent, with their free consent and for a lawful object.

The analysis of above definitions- A contract is an agreement the object of which is to create an obligation i.e. a duty enforceable by law. For example – if there is an agreement between A and B that A will make a furniture for B, and B will pay a Rs 1,000/ to A, the agreement is a contract.

Section 10 defines a valid contract-

1.     All agreements are contract which are made by the-

2.     Free consent of parties.

3.     Competent to contract.

4.     A lawful consideration.

5.     With a lawful object.

Thus every contract is an agreement, but every agreement is not a contract.  An agreement becomes a contract when it fulfills the following conditions:

  1. 1. Consideration.
  2. 2. Competent parties to contract.
  3. 3. Free consent.
  4. 4. Lawful object.

There are some agreements which literally satisfy the requirements of a contract, such as proposal, acceptance, consideration etc. but which do not catch its sprit and they are not enforced because it does not sound to be reasonable to do so.

Constituent Element of Agreement:

  1. Several parties- There must be two or more parties to initiate a contract. Where one who has to discharge the obligation and the other entitled to enforce the obligations.

For example- A borrowed money from a joint account in which A & B are the owner. Here the obligation was not enforceable since A was both the creditor and debtor.

  1. Obligation– Obligation is the prime constituent, where one person agrees to do or obtains from doing a definite act or acts. It is the bond of legal necessity which binds together two or more parties.  It is also necessary the obligation must be definite acts, otherwise there may be uncertainty or indefiniteness about the obligations, and it may be possible that if one has to be under an obligation to do or abstain from doing acts for all the time, it would similar like slavery.
  2. Identity of Mind– Both parties must be agreed on the subject matter at the same time and at the same manner.
  3. Mutual Communication-Law does not go into the mind of the contracting parties but recognizes what is expressed in writing. Till such time there is complete understanding on the terms and there is communications in this respect, there can be no agreement in law.
  4. Legal Relationship-it is also most important there must be some legal relationship than the social relationship.

Contract Law – Its Importance in the World Today

Our society depends upon free exchange in the marketplace at every stage. The interactions in the market all the times depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements can never become binding without a legal contract.

The origin of the contract law can be traced from the development of common law and it is also alleged to be an offspring of tort law, as both contracts and torts give rise to obligations. The difference between them lies in the fact that the tort obligations are imposed by law; on the other hand contracts are a medium through which people willingly create commitment between themselves.

Contract law is based on a number of Latin legal principles, out of which consensus ad idem is the most important, which means a meeting of the minds between the parties i.e. an agreement among them. It is said to be a part of “private law” because it does not bind the state or persons that are not parties to the contract. Thus, contracts are voluntary and require an “exercise of the will of the parties”. But not all agreements are contracts e.g. Non-business agreements, religious agreement, or charitable agreements etc.

A contract an agreement between two or more persons, creating an obligation upon them to fulfill or not to fulfill some duties laid down specifically in the agreement. This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then stringent action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer, acceptance, consideration and an intention to create legal relations. Contracts can be written, oral, or implied also. Generally the parties to a written contract comprehend that they have entered into a binding agreement, but they do not always grasp this point when making an oral or implied contract. It is always difficult to prove the terms of an oral or implied contract than those of a written one.

There are many important points that have to be kept in mind while forming a valid contract; after making the offer to the promisee, the contract will be formed when the promisee communicates his acceptance to the contract. The person making the offer is free to withdraw the same before the acceptance of the offer. Once the agreement is made, the following clauses should be present in the same.

1. There should be some consideration offered for the agreement.
2. The parties should be competent to contract.
3. The consent to the agreement should be free.
4. The object of the agreement should be lawful.


This is one of the important aspects which is necessary for a party to enter into a contract. This is the return which a person gets for performing the obligations of the contract. This needs to be of some value but it is not necessary that it should be specified in the contract. An agreement made without consideration is void.
Persons competent to contract.

All persons are legally authorized to enter into a contract except for the following:
• Minors, who are above 18 years of age and when a guardian is appointed for them the age is increased to 21 years.
• Mentally incompetent persons.
• Person who is ineligible from entering into the contract by law.

Companies have a separate legal entity to enter into contracts through the acts of their agents, officers and workers.

Consent to the contract

Unless the consent of the contract is obtained through, coercion, undue influence, fraud, misrepresentation or mistake, it is presumed that the consent is free.

Relief given to the aggrieved party
Generally the party who has suffered due to the breach of contract of the other can claim money damages that will put the non-breaching party in the position it would be in, if the contract had been performed. In some cases the court may order the breaching party to perform its obligations.

The aim of the law of damages is to place the plaintiff in the same position that he would have been, had the breach not occurred. The parties to a contract may determine the damages beforehand which are called liquidated damages and can be recovered. In this case the sum of money should not exceed the amount already specified. But in the case when there are no predetermined damages then the person can claim the whole amount.

Essentials of a contract agreement

The contract should contain certain clauses without which the agreement will be incomplete.
• A detailed description of the duties and obligations of the parties should be stated to avoid ambiguity at a later stage.
• Representations concerning warranties should be present in the contract
• Confidentiality clauses should be present to ensure that the parties keep any information which comes into the possession, due to the contract, confidential.
• The force majeure clause which generally provides that no party will be liable for non-performance arising out of an event of force majeure i.e. war, aggression, epidemic should also be present.
• The term should also be specified in the agreement.
• The events on the occurrence of which the contract will be terminated should also be specified. This clause also describes the methods of giving notice, and whether the breaching party must be given a chance to cure the breach.
• The relief available to the other party on the breach by one party should also be stated. This would also include liquidated damages.
• An arbitration clause should also be inserted to settle the disputes through arbitration rather than court litigation.
• In international contracts, it is important to state the jurisdiction and the applicable law governing the contract.

Once these conditions are incorporated in a contract it will be easier for the parties to enforce them and claim their rights.

Is Narco Analysis a Reliable Science? – the Present Legal Scenario in India

Introduction & History-

The term Narco-Analysis is derived from the Greek word nark? (meaning “anesthesia” or “torpor”) and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners.

The search for effective aids to interrogation is probably as old as man’s need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.

A Brief Outline of The Narco Analysis Test-

The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject’s inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject’s inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain “probative truth” about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.

Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly used on the convict for extraction of truth, these are-

I. Polygraph or lie Detection Test:

It is an examination, which is based on an assumption that there is an interaction between the mind and body and is conducted by various components or the sensors of a polygraph machine, which are attached to the body of the person who is interrogated by the expert. The machine records the blood pressure, pulse rate and respiration and muscle movements. Polygraph test is conducted in three phases- a pretest interview, chart recording and diagnosis. It was Keeler who further refined the polygraph machine by adding a Psycho-galvanometer to record the electrical resistance of the skin.

II. P300 or the Brain Mapping Test:

This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this method, called the “Brain-wave finger printing”; the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions here. In USA, the FBI has been making use of “Brain mapping technique” to convict criminals.

Legal aspects of Narco Analysis-

Such tests generally don’t have legal validity as confessions made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. In the main, these tests can only assist police investigations. A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries.

But the other view regarding the legal validity of narco analysis test is that it is used as an aid for collecting evidence and helps in investigation and thus does not amount to testimonial compulsion. Thus it does not violate the constitutional provision regarding protection against self-incrimination.

Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries. In India, the narco analysis test is done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist will prepare the report about the revelations, which will be accompanied by a compact disc of audio-video recordings. The strength of the revelations, if necessary, is further verified by subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and laboratories in India. However, it raises serious scientific, legal, and ethical questions. These need to be addressed urgently before the practice spreads further. Narco analysis has become an increasingly, perhaps alarmingly, common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. In a spate of high profile cases, such as those of the Nithari killers and the Mumbai train blasts, suspects have been whisked away to undergo an interview drugged with the barbiturate sodium pentothal.

Narco Analysis from Constitutional & Legal Stand Point-

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. It has its equivalents in the Magna Carta and the law of almost every civilized country. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence.
The characteristic features of this principle are-

-The accused is presumed to be innocent,

-That it is for the prosecution to establish his guilt, and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory examination of an accused were to be permitted then force and torture may be used against him to entrap him into fatal contradictions. The privilege against self-incrimination thus enables the maintenance of human privacy and observance of civilized standards in the enforcement of criminal justice.

Art. 20(3) which embody this privilege reads, “No person accused of any offence shall be compelled to be a witness against himself”.

On analysis, this provision will be found to contain the following components:

-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;

-It is a protection against such “compulsion” resulting in his giving evidence against himself.

All the three ingredients must necessarily coexist before the protection of Art

20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.

The application of narco analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights. The legal position of applying this technique as an investigative aid raises genuine issues like encroachment of an individual’s rights, liberties and freedom.

Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases.

However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.

The right against forced self-incrimination, widely known as the Right to Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution.

In the CrPC, the legislature has guarded a citizen’s right against self-incrimination.

It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.

Some Notable Events & Cases of Narco Analysis in India-

I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that subjecting an accused to narco analysis is not tantamount to testimony by compulsion. The court said about the accused: “he may be taken to the laboratory for such tests against his will, but the revelation during such tests is quite voluntary.”

II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysis does not violate the fundamental right against self-incrimination. Article 20(3) of the Constitution guarantees this: “No person accused of any offence shall be compelled to be a witness against himself.” Statements made under narco analysis are not admissible in evidence.

III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states’ police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.

IV. The Bombay High Court recently in a significant verdict in the case of, Ramchandra Reddy and Ors. v. State of Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, lie-detector test and the use of truth serum or narco analysis. The court upheld a special court order given by the special court in Pune as mentioned above, allowing the SIT to conduct scientific tests on the accused in the fake stamp paper scam including the main accused, Abdul Karim Telgi. The verdict also said that the evidence procured under the effect of truth serum is also admissible. In the course of the judgment, a distinction was drawn between “statement” (made before a police officer) and “testimony” (made under oath in court). The Judges, Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests did not involve any “statement” being made and the statement made under narco analysis was not admissible in evidence during trial. The judgment also held that these tests involve “minimal bodily harm”.

V. A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.

The Degree of Admission of These Truth Finding Tests in Court-

Lawyers are divided on whether the results of Narco Analysis and P300 tests are admissible as evidence in courts. “Confessions made by a semi-conscious person is not admissible in court. A Narco Analysis Test report has some validity but is not totally admissible in court, which considers the circumstances under which it was obtained and assess its admissibility,” advocate P. R Vakil told rediff.com. “Under certain circumstance, a person may hold a certain belief. By repeatedly thinking about an issue in a particular way, he begins to believe that what he is thinking is right. But it need not necessarily be the truth,” Vakil explained.” Results of such tests can be used to get admissible evidence, can be collaborated with other evidence or to support other evidence. But if the result of this test is not admitted in a court, it cannot be used to support any other evidence obtained the course of routine investigation.”

Criminal lawyer Majeed Memon said, “If the courts give permission to conduct these tests, then only it can decide the admissibility of the test results and other related evidence. Such reports can be used as evidence or to support other evidence.” Another criminal lawyer Sham Keswani has a different view. “Such tests don’t have any legal validity. They can only assist the police investigation.” But, in case a person is not affected by the chemical, he might take some wrong names (to mislead investigators). The results of such tests can be used to support other evidence,” he said.


Law is a living process, which changes according to the changes in society, science, ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be clearer in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable & doubtful” science, we have to seroiusly rethink about its legal and constitutional validity from human rights perspective.

contract law questions and answers

How are plurals handled as a matter of New York contract law?
If a term is defined ‘Party’ and is later referenced as ‘Parties’ what factors would go to interpreting it as ‘all Parties’ or ‘one or more Parties’? A court will look to the context in which it is used. In those very rare cases where the difference.

Contract law and agency law?
How can I give an example of how a conversation between the person answering the phone at a doctor’s office and the patient who called could create a contract, demonstrating knowledge of contract law and agency law? the person answering the phone in the dr’s office places an order for office supplies or medical.

I have a question about business law class?
There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

What are my rights under consumer/contract law when I cancel a service?
I subscribe to Supanet.com for internet. I now work for a telecom co & am eligible for reduced staff rates. I contacted Supanet & told them I want to give canx notice, I assumed 1 months would be standard, but was told that the canx would be.

i need to find some legal advice?
need legal advice in contract law with landlord and tenant issues. Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or.
Solving legal problem??
I have got a problem in which I want you help me solving. It is a question regarding contract law which says: About 15 miles from Potters Bar, in quiet countryside, there is a clothing factory with its own factory shop. In the shop window there is a notice stating: ‘Limited offer, twenty RD23 anti-fit jeans.

There are established rules in contract law. One rule states that, where a minor enters into a contract, the?
The Problem Omar, aged 17, having finished a pottery course at college, decided to leave home in order to follow his ambition to become a producer and dealer in fine art pottery. He moved to London where he entered into.

‘time shall be of the essence’ in a contract?
Does anyone know what ‘time shall be of the essence’ in a contract means and what happens if this is not respected? What are the legal consequences? It IS something you usually see in a contract, at least in the US. In contract law, very often time is not a.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

4 Legal Issues Regarding Embalming

Embalming, as we know it today, is the art of temporarily preserving the remains of the deceased in order to slow the process of decomposition and prepare the body for viewing at a wake and/or funeral. One of the main purposes of embalming is to try to give the deceased a more life-like look so that viewing the remains will not be as emotionally upsetting to the mourners. Overall, embalming serves several purposes: temporary preservation, sanitization of the remains and restoration.

The Federal Trade Commission as part of “The Funeral Rule”has spelled out several important guidelines legal rules to govern funeral directors and embalmers in the practice of embalming. According to “The Funeral Rule:”

1. The funeral director must be forthright and disclose the fact that embalming is not a legal requirement. A trustworthy funeral director will always make sure that you know your options and are aware of any fees associated with embalming.

2. According to these legal guidelines, a funeral director may charge the grieving family a fee for embalming only when: Authorities or the law (either state or local) requires for some special reason embalming must be performed on particular remains. Reasons for this might be if the body is to be held for an unusually extended period of time or is in such a condition upon being found that, for health or legal reasons, the body must be preserved for further investigation into the death. In this rare instance, be aware that the funeral director is required to state clearly on an itemized bill that the embalming was performed because of a particular legal requirement.

3. Furthermore that itemized description must explain the reason that embalming had been necessary. This unusual circumstance is most frequently due to local or state guidelines and must be for a particular reason. Federal law still does not require embalming under any circumstances.

3.  The family of the deceased or the person planning the funeral has already given consent for the body to be embalmed. Unfortunately, “The Funeral Rule” does not stipulate which person is has the final say to give this consent. This is a family member and disputes become a matter to be governed by state or local law. In any event, the funeral director is obligated to obtain clear permission before undergoing the process of embalming. This approval must be expressly stated and cannot be simply implied.

4. In order to best and most clearly understand the family’s total consentin the decision to embalm, the funeral home must:

  • Ask specifically for their permission.
  • Not mislead the bereaved into thinking that embalming is required. While the family is making the funeral arrangements, the funeral director cannot tell a family that they’ll be charged for embalming regardless of the funeral that’s been planned. He cannot insist that embalming is a requirement nor can he simply assume that the family wants to have the remains embalmed.

It’s important to remember that simply because you’ve agreed to the funeral arrangements; it can’t be assumed that you’ve expressly consented to embalming. If the funeral director charges you for embalming without getting your express consent to the producer before it was performed, this is a violation of “The Funeral Rule” and should be brought to the attention of the Federal Trade Commission.

The best place to find latest legal update in India

There are many issues facing Indian as a country that Lawyers can address effectively. All over the internet you will find different websites dedicated to lawyers and their operations; a good example is Indian lawyers forum. It is a platform where different legal issues and important information that concerns the country are discussed. Forums aren’t the only place where you can get legal updates; there are in fact many of them online. Why do you need to get these update? The reason is that law and how it is interpreted may directly or indirectly affect you; and when things happen in your environment, you will need to check up these update to discover if there has been any important happening that could affect you. Where can you locate these places to receive update and how it affects you is what this article is about.

Why check updates?

There are many challenges facing India as a country and if you live in India or are an Indian you will be affected one way or the other. Therefore, to avoid being caught unawares, checking different website to read about updates is very important.  A good example of challenges in India is the issue of women empowerment; what does the legal system says about it? If you are a woman the outcome of this news should concern you because positive result will go a long way to make your life better and a negative one will result in an adverse effect.

Another prevailing circumstance that necessitates checking update of news from any source is the condition of social infrastructures in the country. If you are a business owner then you should be concerned about the outcome of legal outcomes concerning the infrastructure because a positive outcome means that your business stands to benefits from changes that will connect to stable electricity supply, and so on.

The few examples that were cited about the reason for getting updates are just few among many others; now the question is where to get these updates?

A perfect place is through India law forums. These forums are created to discuss different situation in India and how it affects the country at large. It also showcases the different lawyers and their views about these problems. What the legal system has achieved or how far they have gone in dealing with the problems are the different discussion you get form these forums. Therefore, it won’t be a surprise to see different law firms in delhi well represented in such forums. Apart from forums, you can also find different websites dedicated to discussing issues in India, and how it can be solved. You will also get news and different updates regarding all aspects of the country.

Lawyers interpret laws and there is no better place to receive updates regarding any issues in India except through India lawyer’s website and forums. Apart from forums, you can also go to different groups, read dailies, magazines, and many other sources to receive updates. It is very important that you receive updates because the news might have legal outcomes that are directly or indirectly connected to you or your business. So, for any civil law in Indiaupdates and action look for places to get updates.

How can Richmond attorneys help you?

Richmond attorneys are the best people who represent you in court during the legal case.

When you are in a mess and want to get out of the legal case on you then it is crucial that you hire professional services in order to get out of the criminal case. They would help you to get out of the case and also help you by giving personal advice as well as personal cases such as divorce, bankruptcy and more. At the time you begin with the research you will notice that there are a lot of companies that will provide you with the services. The point of difference in this is the quality as well as the cost of presentation given to clients is not same every time. This might vary depending on the attorneys and even the issues that they handle for the clients.

They are the ones who will help you get out of the case and it is vital that you consider the many points to hire them. From amongst all of these the most crucial thing that you need to get along to hire the attorney is reliability. The reason behind this is that it will help you guarantee your chances of winning the criminal case that is on you. There are a few companies that are specialized in providing the case to the best Richmond attorneys who has the capability to put the case through the court. Thus you will be assured of winning the case and there would not be a second chance. When you choose such Richmond attorneys there are a few qualities that you should check during the initial stage.

With this you certainly get a chance to gets along with the right kind of Richmond attorneys can be very helpful to you. The basic important quality that you always need to check is that they need to be reliable as well as reputable. When they possess this kind of quality you can be assured that you get perfect results. Other than this it is vital to check that they are experienced as well. The experience that they have will be good for you and you would get the best results that you might have thought of. Winning the case and getting out of the criminal mess is possible only when you choose the right and best Richmond attorneys. Make certain that you take your own time and choose the perfect one as your future is based on the case.

Benefits of Using Legal Software

legal software has been around for quite some time now. These are also referred to as legal case management software and have been used by several legal offices and law firms time and again. Law firms have not backed out from trying these software products in order to enable improved information sharing amongst their employees, increasing the pace of the processes and thereby offering better client service.

Legal software is dedicated to effective case management and is directed at creating, tracking, storing and reviewing:

•    All kinds of case details and information
•    Mails and Documents
•    Relevant contact details
•    Emails
•    Time management data
•    Expenses and billing details
•    Reports
•    Research work
•    Details of appointments, deadlines, reminders and tasks

Law firm management software will take into account all this and much more. The earliest use of legal software can be traced to the fact that these were used by firms that operated on a flat fee structure or on contingency. They realised the fact that using automated processes for the regular tasks would give them the additional time and resources to handle multiple cases at a time and on some occasions even with a handful of people. As things turned out to be, case management software not only helped in dealing with clients but also aided effective staff management.

Law firm management is now easier than ever before as information pertaining to a case can be retrieved in no time. It takes only a few seconds to glance through the present status of a case, review its correspondence history and the precise time at which a staff of the firm had last contacted the client. All these help to keep the necessary information at fingertips. The clients on their part are impressed with the prompt services rendered.

What most of the law firms do is that they insist on devising the case management system in such a way that it is programmed to adopt a preferred way in case of certain issues, thereby working with the help of precedents. This helps to build up a sort of database for the law firm that can be used to contest cases in the future, thus taking the cue from legal precedents. Even if the lawyers decide to leave the firm, the case history is retained by the firm itself.

Competition at times takes the better of the firms as some of them are hesitant when it comes to adopting new processes, especially when the existing ones work well for them. In fact, why would you want to accomplish a task within a short span when you charge on an hourly basis?

But the answer to this lies in the fact that you need to upgrade your business and project it in a way that appeases the client. People are getting tech-savvy by the day and you would definitely not want one of your valued customers to choose another law firm for its high tech ways. Delivering quality client services holds the key and legal software has been precisely designed with this end in mind.

The Legality, Sales and Use of Liquid Aromas Or Poppers in Australia

The aim of this article is to provide Australian users of Poppers the real truth about, legality, use, safety and of course, where to buy the best Poppers in Australia.

Poppers or Amyl got their start in the San-Francisco Gay Community back in the late 70s early 80s and were used as a sex aid. With the spread of HIV, Amyl was blamed as the cause of the disease and was pushed underground to the point where everyone used it but no one spoke about it. They were sold openly over the counter at your local spa or bath house until the crack down of its sale by the US Government, making it illegal to manufacture any product with the active ingredient of Amyl Nitrate or Alkyl Nitrate, but it was not illegal to import and distribute these products, go figure? This lead to a huge boom in International manufacturers such as Canada and England until the good old US Government cracked down again making the importation of Nitrate products illegal. So the manufacturers decided to change the chemical composition from Nitrate to Nitrite, very similar but certainly not the same, making it once again legal to sell, manufacture and distribute these products. You may call it crafty but never the less still legal and certainly within the bounds of the law.

Now, every country is different when it comes to sale and distribution of these products. I am not speaking for any other country in the world except for Australia where the laws regarding Amyl are as clear as the US laws. It is illegal for any company operating within Australia to manufacture, sell and distribute Amyl Nitrate, that’s a fact. Regarding the manufacture of Amyl Nitrite or Alkyl Nitrite products here on our shores I am certain you need a specific licence issued by the Government to do so. It is not Illegal to import and distribute Amyl Nitrite products here in Australia and they certainly are not illegal to purchase either.
So I guess you are asking yourself, then why are they distributed as Video Head Cleaner and Leather Cleaner then? Well, the answer is very simple, depending on the country of importation will depend on what is written on the packaging. Some countries do not require the chemical ingredients to be displayed on its packaging while other countries do and sometimes the chemical ingredients of these products are so very similar to the make up of Video Head Cleaner and Leather Cleaner that the country of origin requires some type of product classification.
Now, I hear you say, then if it is legal to buy then why do sleazy sex shops have it under the counter? Again, that comes back to our Governing body, the TGA or Therapeutic Goods Association and their lack of knowledge of these products. I can name at least 15 Adult Shops in Sydney alone that have had their stock confiscated for testing by the TGA, just to make sure that it is Amyl Nitrite and not Amyl Nitrate that is in those little bottles. With so many brands on the market and new ones constantly appearing, they, the TGA, feel the need to test every bottle in your shop just to make sure. So at the end of the day shop owners decide not to display these products limiting the persecution and the hassle by the TGA. In some ways pulling a bottle from behind the counter looks a bit dodgy, but you can now certainly sympathise with the shop owners. It’s just like a bottle shop owner having all of his Russian Vodka confiscated and tested for alcohol content to prove that it is actually 70 proof Vodka.

So what does Amyl do then? Liquid aromas, Poppers, Amyl Nitrite are commonly used as inhalants or room odourisers. These are often iso-butyl nitrite compounds that are breathed through the nose, sometimes with the aid of an aromatherapy inhaler which cause increased sensation during sexual and day to day activities. Poppers are commonly sold in brands such as rush poppers, Taiwan blue, pig sweat, English, Amsterdam and more. Locker room and Rush have been best selling aromas for the last 40 years and have been featured in many San Francisco based magazines and newspapers that are favored by gay men. Poppers are commonly used by gay men to create and enhanced and pain free sexual experience. The effects created by Poppers are fairly universal for all users depending on the brand of Amyl. Brands manufactured in the USA like Rush, Rave and Quicksilver will give the user an intense head rush followed by a minute or two of euphoria, while brands manufactured in Canada and the UK like ZBest and Colt Fuel, Man Scent and jacked will give the user a total body experience followed by a more intense feeling of euphoria for at least 5 to 10 minutes. All Poppers lower the blood pressure and relax the muscles both externally and internally making anal sex a lot more pleasurable.

Regardless of the minor side effects and risks many men and women still use poppers to this day. These kind of aromas are available in small glass or plastic bottles and are generally 15ml or 30ml in size. They can be kept fresh by storing in a cool, dry place like a bedside table but contrary to popular belief they should not be stored in the fridge or freezer.

When buying poppers online consumers need to be sure that they are the original aromas and not a knock off of a famous brand. I have found a number of sellers in Australia but only trust a certain few when it comes to my Aroma needs. If you are looking for a very reputable supplier on line then try PopperExpress Their products are one hundred percent genuine and they have a huge selection at extremely reasonable prices. Don’t get ripped off by going to get your poppers at a sleazy sex shop or cruise club and pay double the price for something that may not even be the real deal. Do yourself a favor and try and plan a little in advance. Again try PopperExpress.com.au I strongly recommend them.

It is never recommended to abuse poppers and they should always be used in accordance with the labeling on the product. If you do use them as inhalants you should know the risks and are encouraged to always be safe with any sexual or potentially dangerous activity! Please always follow the safety warnings and always play safe.

E Cigarette Toronto Models – Exploring the Options & their Local Legality

Toronto is a vibrant city that is line with the world when it comes to culture, trends, tech and talent. No wonder when thee cigarette Toronto industry started booming, it become apparently known that it will blossom. And now, there are many models and types to choose from. Most importantly, the local laws are now more clear about where it is allowed and where not. So, let’s take a peek into the Toronto and GTAs local ecigarette trends and where they are headed in the near future.

Growth of Personal Vaporizer Toronto Industry

There are various models and types of e-cigarettes available in the market. Small terms are used to describe these cigarettes for instance Mini-E-cig, Cig-A-Like or Slim models. These types of e-cigarettes are lightweight, affordable and easy access for the e-cig smokers. Customers are available with variety of choices and they can choose flavour as per their liking. With the availability of immense amount of different models, Canadian people have variety of e cigs to choose from.

Short Description of E- cigarettes- Choose which Best Suits Your Need

  • One-Piece – This type is not very reliable and if the client is looking for a temporary nicotine fix then he should look for brand’s product before investing. It is usually not allowed to use tobacco substances in most of the public spaces. However, private premises is a different story.
  • Two-Piece – This type of e cigs is rechargeable and it uses cartomizers. These cartomizers are sometimes re-fillable. However, it depends on the type of e-cigarette cartomizers you are using. These types of e cigarettes are consisting of two pieces – a battery and a cartridge. You can easily screw it on and off when you need to replace it with new one. Its style and simplicity make it popular among the people. Batteries of two-piece e-cigarette come in automatic or manual. If you are available with manual you are required to push a button with each draw whereas, in an automatic your draw will activate the battery on its own.
  • Three-Piece – These types of cigarettes are comparatively less convenient and reliable. It is consist of three components which are – an atomizer, a battery, and a poly cotton filled plastic cartridge. This type is out dated because of its unreliability and less remotely satisfaction. It’s Cartridges either gets melt or leaks and produce little or no vapor. And the only benefit of this e-cig model is that you can replace the parts which went bad.
  • Mid-Sized – Mid-Sized e-cigarettes are more popular among smokers, because it is able to function for 6+ hours, and still able to produce clouds of vapor. User can experience great nicotine satisfaction. These e-cigarettes are relatively larger in length and width, and hence, perform accordingly. In this type of e-cigarettes, e-liquid tanks known as clearomizer tanks are used. These clearomizer tanks are used for e- liquids which goes into your clearomizer tank, then is attached to the battery. Mid-sized e-cigs are considered to be the most cost effective way to vape.

Smokers have immense choice these days as there are various models and types of e- cigarette are available in the market. E cigarettes do not harm passive smokers, thus, e cigarette allows the first hand smokers to smoke in public places. These cigarettes do not produce any tar or smoke. Its various models have their own attributes and features so price varies accordingly. Two-piece e cigarette are considered to be the most reliable and convenient to use. Users must get acquainted with all the facts related to these cigarettes before they make choice to buy any of it.

Legal Contracts and Documents: Boilerplate Clauses, Purpose and Examples

Boilerplate clauses are provisions that do not relate directly to the particular subject matter of a legal contract but set out the respective rights of the parties during the term of the agreement and, in some cases, after the agreement is terminated. They are standard clauses drafted using commonly used and understood language, whose function is to save legal drafters time.

While many boilerplate clauses are common to most commercial contracts, some will not apply to a particular contract and others will need to be adapted to meet the particular requirements of the parties. Failure to include appropriate boilerplate clauses can come back to haunt the drafter if things subsequently go wrong between the parties and one of them finds itself unexpectedly disadvantaged. The purpose and effect of each boilerplate clause, therefore, must be understood as it applies to each individual legal agreement.

Below are some examples of commonly used boilerplate clauses and their purpose.

Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be varied only by a document signed by both parties.

This clause limits the parties’ rights and obligations to only the provisions contained within the agreement. This means that neither party can claim to have acted based on any statement, discussion or document not expressly contained within the agreement.

Force Majeure

Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstance beyond their reasonable control, including but not limited to, acts of God, war, civil unrest or industrial action.

This clause prevents the parties to a contract from being liable in the event that circumstances outside their control stop them from being able to undertake their obligations under the contract.

Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusivejurisdiction of the courts of England and Wales.

This determines the law of the country that governs the contract. In the event of litigation the jurisdiction is the country that will hear any legal dispute.

No Assignment 

Neither party shall assign or otherwise transfer any of its rights, interests or obligations under this Agreement to a third party without the prior written consent of the other party.

This refers to the rights and obligations of a party to a contract and the ability or not of that party to pass on those rights and obligations to a third party. Often contracts have a ‘no assignment’ clause, preventing either party transferring their duties under the contract without consent.


Any notice required to be given by either party to the other under this Agreement may be sent by either email, fax or recorded delivery to the most recent email address, fax number or address notified to the other party, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

This provides the parties to a legal contract with an agreed method of communication and sets out the way in which parties should communicate, and the timescales, thereby avoiding dispute later on.


If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

If a clause in a contract is found to be invalid, illegal or otherwise unenforceable, this clause allows the parties to remove that clause and continue performing under the contract.

Employment Contract High Wycombe Builds a Legal Relationship

Previously, the basic law seemed to esteem the requirement for a worker to be faithful and devoted and there was no obligation with respect to the manager to guarantee that the labourer had entry to monetary welfare and professional stability. In any case, it creates the impression that the basic law likewise imported the thought of an inferred commitment of shared trust and certainty in the middle of managers and representatives by means of anEmployment contract High Wycombe and that this example is clear in the statute of courts. It is contended by numerous legitimate researchers that the example of work law as it is managed by the regular law tends to support employers in that guilds are controlled with a suspicion of doubt and that the law has a tendency to embrace the estimations of preservationist political members, for example, columnists, government officials and senior civil servants.

An Employment contract Oxford accord could contain various things. Most importantly, it should unmistakably show who the contracting parties are and an announcement that both sides went into the agreement with capability and full assent. Assent and capability are fundamental components of an agreement and without it nothing in the understanding will be legitimate. The accord is void from the starting point. The accord should likewise contain the date when it was consummated and sign. This will be the premise of the initiation of the understanding and the advantages, obligations and liabilities that accompany it. This understanding must have terms or stipulations. In the event that the occupation is just a 5-year contract, such ought to be explicitly included in the agreement. What happens following 5 years, whether the business naturally closes or in the event that it is subject for reestablishment ought to likewise be in the accord.

In the advanced super adaptable economy where persons can and do change professions rapidly and routinely, there are couple of work environments with standard hours of work and there are expanding quantities of individuals occupied. In past times the idea of work law was that a man would do work for an executive in a solitary area, in a solitary occupation for a solitary employer. Presently specialists tend to work with a range of superintendents without a moment’s delay, frequently on low maintenance or easygoing premise. Likewise, there are currently countless who view themselves as independently employed. These patterns are clarified by the apparent yearning of labourers to claim adaptability in their working game plans. It likewise implies that more prominent effectiveness can be picked up from the force of innovation to permit teleworking. On the other hand, in spite of these progressions, there has not been a disavowal of the requirement for there to be a composed Employment contract High Wycombe between an executive and representative.

Top Five Legal Questions about Alimony

After a divorce, people can worry about the income they were used to during the marriage. This can be a difficult situation for an individual. The offset income the spouse may get after a divorce is called alimony. It is determined by alimony guidelines and spousal support law. Given below are top 5 legal questions related to alimony.

Q. If an individual is on social security disability, how can alimony be calculated?
The courts may decide whether to award spousal support to an individual or not. The court may also decide the amount that may be given as spousal support. The alimony may be determined keeping in mind factors such as, financial recourses, time needed for training for employment or education, the couple’s standard of living when they were married, age and health of the spouse asking for support. One spouse can collect on the other spouse’s record, if the couple is divorcing after 10 years of marriage or more.

Q. Is it possible for the court to take money from a business account if an individual is unable to pay the alimony ordered by court or pays less than what has been ordered?
If an individual is not able to pay the spousal support ordered by the court, he/she can petition the court to reduce the amount of alimony or relieve him/her from paying the alimony. The court may not be able to take the money from the corporate assets of an individual if they are not attached to any personal assets. However, the court may be able to take money from the stock of the corporation depending on the value of the stock.

Q. Is there a formula to calculate alimony for self employed businesses?
There may not be a particular formula to calculate alimony for self employed businesses. Though there are guidelines to follow, it is up to the judges to decide the amount of spousal support. The court may consider the past tax returns before awarding alimony. However one may have to retain a local attorney to get the best possible representation in court.
Q. Is Texas the only state with 3 years as the maximum limit for spousal support?
Though Texas is the only state with a strict limit on spousal support, it can be waived if the spouse is mentally or physically disabled. In many states instead of awarding permanent spousal support, rehabilitative spousal support is awarded. However in some states, permanent alimony may be awarded if the couple has been married for a long term.

Q. In NY state, if a couple has been married for more than 7 years, but has no children or mortgage, can the wife still get alimony if she is a student and is not able to work?
Whether an individual gets alimony or not would not be based on whether the couple had children. The wife may get alimony irrespective of whether the couple has children or not. The alimony may depend on the number of years the couple has been married.

5 Legal Questions on Adultery and Infidelity

Adultery laws are different in every state. Sometimes this can leave an individual helpless, confused and unaware of the help that is actually available. Here are the top 5 legal questions about adultery and infidelity that one may come to an individual’s mind and would like to ask a family lawyer.

Q. If there was no effect on children, will adultery effect on child custody arrangements after a divorce?
The court always wants the best for the children. Unless the child has suffered physically or mentally because of the affair, adultery will have no effect on child custody related issues. However, the judge will check lifestyle and note any negative actions that could affect the child in the course of the divorce proceeding. These factors will finally determine which partner is suited best for granting the child’s custody.

Q. Can alimony or custody issues be affected by adultery during marriage?
Committing adultery during marriage cannot be a strong factor to determine who gets the custody of the children. However, certain issues like having sexual contact in front of the children or leaving them alone while having a sexual affair can influence the court into thinking that the children’s lives and welfare is in danger. Ultimately, the court will grant custody only after examining the lifestyle of both the partners.

In the case of alimony too the court tries to be just. The court takes into consideration factors such as whether the individual is demanding alimony to pursue better education or employment, to solve his/ her financial problems or for medical purposes. If the court feels that the other partner in the case is disabled or sick and cannot sustain by him or herself, it may grant alimony. In most cases, age is also considered an important factor.

Q. In South Carolina, is there a statute of limitations on adultery?
Regardless of when the offense occurred, anyone who commits adultery will be punished in South Carolina. The accused is then either punished with a criminal fine or even imprisonment. Currently in USA, there are only four states that do not have a statute of limitations on adultery. This also means that after the crime is committed, a charge of adultery can be prosecuted anytime by the parties involved. Butadultery laws differ from state to state.

Q. Is there a way to press charges on the individual who committed adultery with one’s spouse?
In most of the states, one cannot press charges on the individual who committed adultery with one’s spouse. But adultery committed by one’s spouse can be a strong reason to file a divorce case depending on the situation one’s into and the state where one resides. You canask a Family Lawyer online if you still have questions about adultery, infidelity and its legal implications.

Q. If a spouse has an affair with someone while entered into a legal separation in the state of Ohio, is it considered to be a case of adultery?
If the divorce has not been finalized legally, this could be treated as adultery. Most of the divorces are considered no-fault divorces and incompatible in many of the states and the reason for filing a divorce case doesn’t matter. But adultery has a more of an emotional impact than legal.

BIM Construction: The Legal Issues

There are plenty of hurdles in realizing the full power and benefits of BIM across the building life cycle. One of the most important, ironically, has nothing to do with the software! Implementing BIM construction entails a huge front end commitment and a smart implementation strategy in order to most quickly and fully realize the cost-savings and value-added possibilities that this revolution in the AEC industry promises. But perhaps the most difficult issue in BIM construction isn’t even part of the AEC industry: it’s the lawyers. If you thought the design and building industry was stodgy when it came to accepting a new paradigm, then the legal world is downright Neanderthal: change-adverse, risk-adverse and suspicious of anything upsetting the well-worn methods and comfortable apple-cart that has defined the legal process of the building industry for almost a century. This manner of doing business stems from the landmark Supreme Court construction law case United States vs. Spear in, (248 U.S. 132) 1918,  which is now referred to as the Spear in Doctrine. Traditionally, it holds that a contractor will not be liable to an owner for loss or damage which results solely from insufficiencies or defects in such information, plans and specifications provided by an owner. In other words, there is an implied warranty of design adequacy. Plans and specifications must be defective for the contractor to recover damages. So there is fundamentally a strict firewall between the Owner/Designer and the Builder. In a total BIM construction environment, this firewall is shattered, and so is the legal framework which it underpins.

The fundamental change, from a legal perspective, in BIM construction, is that downstream actors, Contractors and Facilities managers, can become involved in the design process, or rely on the model for business decisions. This is one of the great leaps forward provided by BIM, as constructability issues not normally discovered until the project is onsite, costing thousands or millions of dollars in change orders, can now be rectified in the design process. The model also accrues great value as it proceeds downstream, and becomes a valuable reference. But then, who is responsible for the design? Who carries the risk, as the model morphs through the entire design/build/maintain lifecycle? Who has the responsibility to ensure the quality of contributions to the model, which is really, in a mature BIM construction scenario, a whole series of models? Who bears the cost of model management? How does the change in terminology associated with BIM construction cause legal uncertainty?

With the linear, factory production line quality of CAD-based design and building retreating ever more quickly, the collaborative approach which defines BIM construction, also known as Integrated Project development (IPD), enters a completely new legal realm, where no real precedents exist. This leaves the AEC contract with two paths:

1.            Rely on established precedent and case law matched up as much as possible to the BIM construction process

2.            Include a BIM protocol into the contract, dealing with the unique issues of BIM construction

In many ways, the power of BIM is intimately intertwined with its paradigmatic legal shift. If a project does not accept a more collaborative spreading of risk, as in #2 above, then it severely diminishes the potential of the BIM construction process. It also, if it decides to rely on existing case law, as in #1, really enters into a vacuum with unpredictable and possibly inconsistent results in litigation. It is, as always, a balancing of risks and rewards. Fortunately, things are not as unformed as they were only 5 years ago. The AIA created its E201-2007 Digital Data Protocol Exhibit and E202 – Building Information Modeling Protocol Exhibit in 2008, convening industry experts to craft templates to “establish the procedures…with respect to the transmission or exchange of digital data” in the first case, and for E202, “assigns authorship of each model element by project phase,… defines the extent to which model users may rely on model content, clarifies model ownership, sets forth BIM standards and file formats, and provides the scope of responsibility for model management from the beginning to the end of the project.”

In the real world, these templates are significantly altered depending upon the collaborators established styles of doing business, usually meaning that a hybrid of path 1 & 2 occurs. Again, the extent to which the legal/contractual framework assigns and spreads risk either allows or negates the full power of BIM construction. If “the extent to which the model users may rely on model content” is narrow, as in traditional design/build schemes, than only a small fraction of the parametric modeling muscle can be brought to bear on the project. One of the powerful features of a BIM construction process is clash detection, which virtually identifies problems with design element from the different disciplines that normally wouldn’t be found until the actual construction had begun: walls running through columns, heating ducts running into floor joists, etc…  But clash detection is only possible at this level if models are built to a level of design where “model users may rely on model content” that allows them to be joined and have clash detection run. There’s a risk there, on the designer’s part, specifying that detail, if something goes wrong in the fabrication of elements or site work that relied on those details. On the other hand, a significant savings can be realized using clash detection and tightly coordinated models, eliminating costly change orders, allowing for more tightly coordinated labor and materials scheduling, all of which reduces cost and enhances profitability.

An ancillary issue which arises out of this is the whole, powerful feedback mechanism which BIM construction allows is design fees. If a contractor, brought in on the design process, identifies something which causes a design change, how does that impact the designers fee? Or does it? Is it the architect’s problem, the structural engineer, or the MEP? Defining this beforehand can avert costly squabbles down the road.

Without a clear assigning of “authorship of each model element” and “model management”, the likelihood of collaboration, and the benefits it provides in BIM construction, is constrained. There also has been concern expressed about whether BIM construction alters the existing professional standard of care applied to their work in developing concepts and specifications. This has direct bearing on an important addendum to all this, the impact of defining these new contractual relationships on insurance availability and cost. As Richard H. Lowe put it, optimistically, in his article in Constructor Magazine, January/February 2007:   “When all of these issues are analyzed, the perceived legal risks in using 3D modeling melt away and are outweighed by the obvious benefits of clash detection and greater project collaboration. It should only be a matter of time before insurers offer discounts to encourage clients to wear the clash-detection ‘safety belts’ of 3D modeling.  Ultimately, the question will morph into whether team leaders actually increase risks by not using 3D modeling, much like not using seat belts.”

Others are not so sanguine. As J. Kent Holland puts it in his article How Building Information Modeling (BIM) Impacts Insurance Availability by Changing the Roles, Responsibilities, and Risks of Project Participants: “While underwriters may agree that there are benefits of early conflict detection and resolution through 3D modeling, they are less likely to see how they can underwrite their single insured, who has a minor participation in the BIM model, and who may pick up full responsibility and liability for claims arising out of mistakes caused by use of or reliance on that model… The collaboration of contractors and subcontractors in the design has the potential to create uninsurable professional liability risks for themselves,… Similarly, the collaboration of the design professionals in the means, methods and procedures of construction has the potential to create uninsured general liability risks for the design professionals.”

As these statements make clear, the evolution of contract language, and eventually case law, specifically tailored to BIM construction tenets, will be very important in the evolution of risk assignment and insurance coverage for these projects. The intertwining of the technical, legal and insurance aspects of BIM construction is clear. Defining relationships as far as model development is concerned is key to fully exploiting the power of this technology.  And as much as that can be constrained by legal and insurance issues (surrounding the very same paradigmatic shifts as the technical issues), it can also, in the solution, propel a blossoming of the full potential of BIM construction to cut costsand improve designs, productivity and safety.

Iranian Lawyer in California – Solve Your Legal Issues in a Cost-effective Way

If you are facing any legal issues in California or other parts of the USA, then nothing much to worry as finding a good Iranian Lawyer in California would endow you the best possible services to take your out of the legal issues with precision. Legal problems may arise to anyone’s life and in such cases; it is advised that one must not be too much worry with the hassles rather should burn a few extra calories to find a good as well as certified lawyer. Just like doctors, lawyers play a great role in our life. As a legal advice seeker, you have to be truthful towards your lawyer so that he can get the full picture and can build his legal strategies based upon that.

Find a Lawyer Who Keeps Promises

Many people complain that they have been cheated by their lawyers as the lawyers have promised a lot but delivered nothing. Both time and money have been wasted during this tenure. To avoid such situations, taking positive measures at the very beginning part is important. Always check whether your lawyer is certified or not. Another prime thing is that your lawyer must be a local person and should be familiar with the local legal framework. In USA, different states possess different kinds of legal frameworks. Find an Iranian Lawyer in USA, who is well-trained as well as experienced in their domain of legal services.
How to Find a Good Lawyer?

To find a good lawyer, you can take the help of the internet. Finding in California directories would be more effective specifically. You will find plenty of lawyers are registered, and all of them are certified. You can even check their profiles, website and other minute details about them. Good Iranian Lawyers in California does not necessary will cost you at the higher end. You always have the option left to negotiate though depending upon the case and its complications, charges may vary. For example, if you want legal advice for property buying, then it will cost lesser than if you ask for business legal advices.

Cost for Hiring Lawyers

Experienced as well as eminent lawyers will cost you more than novice lawyer, for obvious reasons. In the field of law or legal services, experience is the major factor, and thus you should find an experienced lawyer. If you want cost-effective services, you may have to look for a novice lawyer. In such case, check the certificates and registration details of the lawyer before hiring him. This will help you to find a good lawyer.