CONTRACT INTERPRETATION
Principles of Contract Construction
It is almost inevitable. A contract, whether commercial or consumer in nature, is bound to have a word, phrase, provision, part or section which is not entirely clear and gives rise to more than one reasonable interpretation.
This is where most disputes between parties will occur.
COVENANTS AFFECTING LAND
Enforceability of Land Covenants
A covenant, in the context of, or in relation to, land, is a reference to an obligation concerning the land, whether that obligation be positive or negative (i.e. restrictive) in nature. The purpose of land covenants is generally to preserve the value of the land and to protect its
BUYING A RENT ROLL OR CLIENT BOOK
A Few Things You Should Know
If you are buying a property management rent roll from another real estate agency or a book of clients from either a mortgage broker or financial planner, you can, and should, use a business contract with special conditions specifically drafted to cover transactions of this
Testamentary Discretionary Trusts
Every Will should have them
These days almost every family estate will benefit from having family testamentary discretionary trusts incorporated into the parents’ wills. This is because the family will either have a valuable family home to pass down to the kids, jewellery, paintings and other heirlooms or either, or both,
Voluntary Administration
Non-liquidation step to survival
If you think that your company is insolvent or likely to become insolvent, and you are concerned to avoid giving rise to a director’s liability for insolvent trading (i.e. personal liability for the debts of the company), then you may consider placing your company into voluntary administration
Irresponsible Lending
Compensation Claims against the Banks
If you have defaulted on your bank loans or are experiencing hardship in making your principal and/or interest loan repayments, then you may be entitled to compensation and other relief from the bank that advanced you the loan if the bank ought to have denied you