Archive for September, 2009

contract law FAQ

Posted under: law edu by admin

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) (http://www.law.cornell.edu/uniform/vol7.html#lndtn) 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.

More contract law questions please visit : LawFreeFAQ.com

A power of attorney is a legal document. You use it to give someone the power to act for you. You are the principal. He is your agent. The person acting for you is also known as your “attorney-in-fact.”

Two types of powers of attorney are the general power of attorney and the special power of attorney.

A special power of attorney is used to give another person authority to do one single thing.

A general power of attorney is not limited to a specific purpose. If you want someone to be able to act on your behalf while you are out of the country then the general one is what you need.

Now let’s say you are going to Afghanistan, on active duty. You want to give your wife power to do just about anything while you are gone.

Here’s a how a general power of attorney for that purpose might look:

General Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a general power of attorney to perform any action on my behalf and to sign my name to any documents needed to accomplish said actions until I return home.
Signature & Date

A notary seal is not required but if you are leaving the country for military service you might want to dress it up a bit and include a notary section. Then sign the power in front of a notary just so your wife doesn’t have any trouble with it while you are gone.

Now let’s say you are caring for your invalid mother. She’s not mentally incompetent…yet. But, she does want you to take care of her affairs and pay her bills. A general power of attorney is what is called for. Here’s how it might look.

General Power of Attorney

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other.
Signature & Date

Once again, given the circumstances it would be best to have a notary section on this one and to get it properly notarized.

Durable Power of Attorney

Let’s say Louisa in the above example is worried about her mother becoming mentally incapacitated. In that case Louisa might have to go to court to get the right to manage her mother’s affairs.

What’s called for is a “durable power of attorney.” It’s still a general power of attorney but in this case we’ll make it durable so it continues even if her mother becomes mentally disabled. Here’s how it might look:

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other. This power of attorney shall continue and survive even if I become disabled whether mentally disabled or physically disabled.
Signature & Date

For sure you would want to have this one notarized and it would be best that you had it drafted by or at least approved by an attorney who works primarily in the area of estate planning.

It is common to see some very comprehensive (10-20 page) General Durable Powers of Attorney. The reasoning behind these very thorough documents is that some financial institutions are very reluctant to rely upon broad, sweeping statements that a principal has granted ALL authority to their agent to do WHATEVER they would be able to do.

Some institutions or people who are dealing with an agent want to see very specific language that pertains to the actual transaction that they are carrying out on behalf of the principal. This just raises the comfort level of some people when dealing with an agent.

Also, in some states there is no penalty for not honoring a power of attorney. If someone chooses not to deal with an agent because they have their doubts about the power of attorney there’s no penalty for refusing to honor the power of attorney. At that point, one would have to establish a guardianship/conservatorship (which, of course, is not a very desirable outcome).

Conclusion

A general power of attorney can be a very simple document. However, since they can be used so broadly, it is best that they be given more care and attention than a simple special power of attorney. When dealing with the aged or infirm you should consider a durable power of attorney. Have an attorney draft it or at least review it.

Acknowledgment

The information on durable powers of attorney was written with the assistance of attorney J. RobRoy Platt of Lehi, Utah. Mr. Platt’s law practice focuses on estate planning issues.

Disclaimer

This article is intended to inform about powers of attorney. Please seek legal advice in your state of residence if your power of attorney involves any matter of consequence.

My Kenyan Jobs

Posted under: law job by admin

www.mykenyanjobs.com

mykenyanjob is an online Resume and Jobs/Vacancy subscription website that aims to bridge the gap between Jobseekers and Employers in an IT oriented approach.

mykenyanjob provides Jobseekers a virtual bridge through which to interact with prospective employers on the look out for qualified professionals and talented individuals in Kenya.

mykenyanjob enables Jobseekers post their resumes,as well as view vacancy announcements in a simple and intuitive way.Our platform acts as a database for storing resume,qualification and other professional related information in a safe and secure environemnt.

However before you submit and/or search for resumes; you will have to register [For free],this is to encorage integrity between Jobseekers and prospective Employers, and also a way of synchronising membership with our Terms and Conditions
Our Objective

As we embrace ICT, we aim and strive to be Kenya’s leading online platform for both Jobseekers and Employers. We want to achieve a scenario whereby KenJobs is a one stop shop for Employers looking for the best talent in the industry.
Our Driving Force

The need to provide the much needed virtual link between Jobseekers and Employers, in an online approach

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  • Opportunities
  • Applicable laws/regulatory policies.

Introduction

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

Opportunities

The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.

The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.