Drafting And Conveyancing: An overview
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The document provides an overview of drafting and conveyancing for young lawyers. It defines drafting as preparing legal documents like agreements and contracts. The importance of understanding drafting is explained, noting the need to understand the nexus between law, facts, and language. Conveyancing is defined as drafting deeds to transfer rights and interests in property from one person to another. Key differences between drafting and conveyancing are conveyed, with conveyancing focusing more on property transfer documentation, and between contracts and conveyances, with contracts remaining to be performed while conveyances pass property title.
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Dispute Resolution Solicitors in London | Phillips Lewis Smith
We work for clients in various forms of dispute resolution including proceedings before the English courts and various tribunals and arbitrations. We negotiate compromises and arrange and advise in alternative dispute resolution processes such as mediation.
We advise on contractual rights and remedies arising under international agreements and where the parties have made their agreement under English law.
We also assist in the preparation of proceedings with our correspondents in other jurisdictions.
The types of dispute we deal with arise from:
Commercial contracts
Property; title issues and leases
Shareholder issues and company matters
Finance
Employee relations
Commodities trading
Professional negligence
Regulatory matters
Cv m.y.m.asik@law1
With strong legal background in Legal Drafting and Notary Work, Civil and Criminal Litigation, Instructing work, Company law and secretarial practice with other Commercial Laws, Procedural Laws (Civil, Criminal & Evidence), Industrial Laws, Law of Obligation and Contracts, Consumer Protection Law and Case Strategy, Currently practice as (1) an Attorney-at-Law in Civil and Criminal Litigation, (2) a Notary Public and (3) a Registered Company Secretary
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This document discusses the use of language in international agreements according to the 1969 Vienna Convention and its implementation in Indonesian national law. Specifically, it examines the differences in meaning between the terms "ratification" and "accession" under the 1969 Vienna Convention compared to Indonesian law. While the 1969 Vienna Convention does not clearly define these terms, Indonesian law tends to use the terms interchangeably even though they have distinct technical meanings. This ambiguity in language use can potentially cause legal disputes. The document argues for uniform understanding of key terms to avoid inconsistencies between parties to international agreements.
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This document provides information about pre-contractual instruments such as term sheets, letters of intent, and memorandums of understanding. It defines these instruments and provides examples of their purpose and common components. Term sheets outline the key terms of an agreement in a list format before legal contracts are drafted. Letters of intent declare the preliminary commitment to do business and include important deal points. Memorandums of understanding describe the mutual understanding between parties on a project scope but are not always legally binding. These pre-contractual documents help establish agreement early in negotiations.
The law of contract research as a route to sustainable
The International Institute for Science, Technology and Education (IISTE). Science, Technology and Medicine Journals Call for Academic Manuscripts
CV-13.10.16
Ms. Minoti Kumari is seeking a position to utilize her experience in legal, commercial, and business laws. She has over 7 years of experience drafting real estate agreements and representing clients in civil and consumer cases. Her experience includes positions at H.K.J & Associates, M/S KDP INFRASTRUCTURE PVT. LTD., and her current role at M/S SUNCITY PROJECTS PVT. LTD., where she handles legal documentation, litigation, and providing legal advice. She has an LL.B. from 2009 and a Bachelor of Commerce degree.
ARBITRATION-AS-A-TOOL-FOR-DISPUTE-.pdf
This document discusses the history and relevance of arbitration as a tool for dispute resolution in Nigeria. It provides the following key points:
1. Arbitration has existed since ancient times as a more informal way for parties to settle disputes without the formality and expense of courts. It originally involved parties agreeing to accept the decision of a third party to resolve their conflict.
2. Arbitration was used in Nigeria prior to colonialism through various customary dispute resolution methods. The British then introduced a formal arbitration system through ordinances in 1914 based on English law.
3. Today, arbitration is governed by the Arbitration and Conciliation Act and is an important alternative dispute resolution mechanism in Nigeria. It allows
Alternative dispute resolution
1. Gandhiji believed the true function of a lawyer was to unite parties and he spent much of his time bringing about private compromises rather than costly litigation.
2. Alternative dispute resolution (ADR) methods provide alternatives to full legal proceedings and aim to resolve disputes through more collaborative means like arbitration, mediation, and negotiation.
3. While ADR methods like arbitration can provide faster and less expensive dispute resolution, they are also criticized for lacking transparency and enforceability compared to litigation.
Ac 8
The document discusses a case involving contracts between TAM's College and NAMS marketing firm. NAMS was hired for one month to promote TAM's but broke the contract after one week. TAM's sued based on a contract term requiring NAMS to refund fees and pay £1500 if they failed to deliver. TAM's was also sued under vicarious liability because a staff member was injured for not wearing proper attire as required. The document analyzes elements of a valid contract, different contract types, terms, and defenses. It contrasts tort and contractual liability, discusses negligence elements and defenses, and how vicarious liability applies to businesses.
What is the difference between a Contract and an Agreement?
A contract is a legally binding agreement between two or more competent parties that creates obligations. The key elements of a valid contract are offer and acceptance, lawful consideration, capacity and consent of the parties, a lawful object, and certainty. Contracts can be express, implied, oral, or written. An agreement is a broader term that refers to a mutual understanding between parties, but it may lack elements like consideration that are necessary for a contract to be legally enforceable. While contracts create legal obligations, agreements are not always legally binding and can be changed by either party.
Management Of Contracts The D Os, Donts
Most of the companies regulalry enter into complex contracts but seldom give due imporantance on effective management of the said contract. Here are some effective tools for the same
Legal Documents And Filing Systems
Legal contracts must contain elements like agreement between parties, consideration or exchange of value, contractual capacity of parties, legality of contract terms, and genuine assent without misrepresentation. Common types of contracts include rental agreements and mortgages. Negotiable instruments like checks have requirements like being in writing, containing an unconditional promise to pay, and being delivered to the payee. An organized filing system with labeled folders filed alphabetically can help manage personal records on topics like taxes, insurance, and household matters. Electronic tools like spreadsheets and databases also aid in record keeping.
Capacity & Intention in a contract
The document provides an overview of contract law presented by a group. It discusses key topics like the definition of a contract, essential elements, capacity and intention. The presentation aims to help understand contracts and distinguish between valid, void and voidable contracts, including valid infant contracts. Team members are listed and 6 learning objectives are provided on defining contracts and understanding capacity, intention and how they relate.
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Drafting Deeds & Documents
The document discusses deeds and documents. It defines a deed as a formal written instrument that effects a legal right or obligation, such as transferring property. Key points are that deeds must be in writing, signed, sealed, and delivered. The document also defines a document more broadly as any matter expressed through letters, figures or marks that can be used to record information. It notes that all deeds are documents, but not all documents are deeds. The document then discusses the common components of deeds, particularly deeds related to transferring property interests. It lists 17 typical parts or clauses that may be included in deeds, such as descriptions of parties, property, consideration, covenants and more.
Principles of Drafting
The document discusses principles of effective legal drafting, including things to consider and avoid. It notes that the drafter should have a clear design and understanding of the purpose before beginning. Key principles are to avoid ambiguity, repetition, and vagueness through precise language and logical organization. Technical terms and precedents can guide the draft, which should be easily understood by specialists and laypeople alike. Self-review helps ensure the document achieves its goals without issues around interpretation or implementation. Following best practices in drafting helps avoid potential problems like unnecessary litigation.
Proforma of Notice of Breach of Contract Notice
When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract. While there are many ways to breach a contract, common failures include failure to deliver goods or services, failure to fully complete the job, failure to pay on time, or providing inferior goods or services. In other words, a breach of contract is a broken promise to do or provide something. To explore this concept, consider the following breach of contract definition.
Definition of Breach of Contract
1. An unjustifiable failure to perform terms of a contract.
2. A violation of contract through failure to perform, or through interference with the performance of the contractual obligations
Among the most common causes for lawsuits in the U.S., breach of contract occurs in many ways. The law offers a variety of remedies for each such breach, designed to make the injured party whole. Court-ordered remedies for breach of contract cases are not meant to punish the breaching party, but to return the injured party to the position he would be in if the breach had not occurred.
Mediation - Orientation & Research Summer Programme
The Prerna Foundation is pleased to announce that it is now accepting applications for the MEDIATION - ORIENTATION& RESEARCH SUMMER PROGRAMME 2019. Prerna Foundation is an NGO actively engaged in projects related to various social concerns, be it child education, women and youth empowerment, legal awareness and mediation outreach.
Med Rep India - Cover Letter
We are filing a representation addressing Prime Minister’s Office, Hon’ble Chief Justice of India,Ministry of Law and Justice, Ministry of Commerce, Department of Industrial Policy and Promotion, National Legal Services Authority (NALSA), NITI Aayog and other important portfolio heads with regards to pre-institution mediation mandated under Section 12A of Commercial Courts Act, 2015 (‘the Act’).
The Act and The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018 (‘the Ordinance’), have introduced mandatory pre- institution mediation in commercial disputes where urgent interim relief is not sought before commercial court. Prima facie, the intention of the legislation is progressive and it promotes the practice of mediation in commercial disputes. The definition of ‘commercial disputes’ under theAct is wide and if this law is not implemented properly it may lead to end of mediation practice even before it flourishes in India.
There is need to develop standard operating procedures and lay down principles on points such as ensuring party autonomy and choice of mediator, good faith party participation, uniformity and standards, mediators’ remuneration, administrative fees, as well as the role and responsibility of stakeholders in implementation and enforcement. Mediation is a dynamic, upcoming practice with only fraction of a population having clarity on how it operates. There is need for participation of practitioners and service recipients in the process of implementation and enforcement of Section 12A of Act failing which the commercial viability of mediation market in India may collapse.
During a matter pertaining to this Act before the Hon’ble Supreme Court of India, the Hon’bleSitting Chief Justice of India, has pointed out that mandatory pre-institution mediation is “one stepforward and 20 steps backward”. The legislation has also been challenged before the Hon’ble HighCourt of Delhi owing to non-enforceability. Going ahead, if required, we plan on filing appropriate applications at the relevant judicial forums to intervene/ act as amicus curie.
Presently, we are in the process of rallying support of the mediator community not just in India but also internationally, so that this representation gathers momentum. This is the opportunity for the mediators in the country to make mediation mainstream and ensure the foundation is laid on the basis of sustainable business practices.
Names and other personal details of persons shall be used only for the purposes of establishing legitimacy and identification. All sensitive personal information shall be protected as per extant laws of India.
We strongly urge you to please go through the representation and come forward to collaborate with us. After all, who knows collaboration better than a mediator. Please circulate this among your mediator circles and urge them to consider backing this representation.
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Drafting And Conveyancing: An overview
- 1. Presentation by Adv. Jharna Jagtiani, Arbitrator, Mediator & Commercial Negotiator CoFounder | Prerna Foundation A Guide for Young Lawyers Drafting & Conveyancing - An Overview
- 2. Today's Discussion Outline of Topics What is drafting ? Significance of Drafting Process of Drafting Conveyancing Drafting vs Conveyancing Contract vs Conveyance
- 3. What is Drafting ? Drafting, in legal sense, means an act of preparing the legal documents like agreements, contracts, deeds etc. A proper understanding of drafting cannot be realised unless the nexus between the law, the facts, and the language is fully understood and accepted.
- 4. Significance of Drafting The importance of the knowledge about drafting and conveyancing for the lawyers, in house counsel and corporate executives has been felt particularly for the three reasons viz., (i) for obtaining legal consultations; (ii) for carrying out documentation departmentally; (iii) for interpretation of the documents.
- 5. Drafting Synthesis of law and fact in a language form Process The process of drafting operates in two planes: the conceptual and the verbal. Besides seeking the right words, the draftsman seeks the right concepts.
- 6. Conveyancing Conveyancing is an art; an art of drafting deeds and documents whereby any right, title or interest in an immovable property is transferred from one person to another; but the drafting of commercial and other documents is also commonly understood to be included in the expression.
- 7. Drafting Conveyancing gives more stress on documentation much concerned with the transfer of property from one person to another, whereas “drafting” gives a general meaning synonymous to preparation of drafting of documents. ConveyancingVS
- 8. Contract Contract remains to be performed and its specific performance may be sought but conveyance passes on the title to property to another person. ConveyanceVS
- 9. Thank You