Vicarious Liability

Vicarious liability is where someone is held legally responsible for the acts or omissions of someone else. Therefore vicarious liability can make an employer strictly liable for the acts and failures of an employee if these took place in the course of their...

Is time of the essence?

When you enter into an agreement with someone to do some work for you the time to complete that work will not be ‘of the essence’ unless this is specified. The work must just be carried out within a reasonable time and what is a reasonable time can be open...

Court etiquette and how to behave in court

How you behave How you behave and act at court is going to make a difference. Your attitude and appearance can and may well affect the outcome of your case. If you appear unkempt, unruly and with no apparent respect for the judge and the court you can hardly expect...

Winning at court. Tips for success

The best advice for winning at court at a court hearing is not to have one. Litigation is always uncertain and anyone who tells you that you are certain of winning should not be trusted. There are however a number of things which will add to your chances of success...

Acceptance of contracts

For a contract to be legally binding there must be clear acceptance of the contract and an intention to be legally bound. The three elements of a valid contract-offer, acceptance and consideration -must be present. Unless it is shown that there was an acceptance of an...

Assigning a contract

A contract is assigned when one of the parties transfers their rights and obligations under the contract to another. For the assignment of a contract to be effective however the other party to the contract must be informed and agree. Contracts are usually assigned in...