litigation Tag

The issue of testamentary capacity is an issue that we find, we must deal with more regularly, as the population and  our clients, reach a mature age.  In recent times we also find that children and dependants are far more likely to challenge a will, if there is some significant advantage in doing so. If the will of your parent is challenged what would happen?  In legal proceedings the court does not know the true factual situation, what matters is what you can prove.

Going to court is expensive.  It is so expensive that many commercially minded people would rather pay someone money that is not owed, or walk away from money that is owing, just to avoid legal costs. While some business people take this practical approach, others want to stand up for the principle of the matter.  Having principles can however be very expensive. It is true that because legal costs are high, even a win may feel like a loss.  Legal costs are sometime higher than the value of the dispute. Lawyers have a saying that "costs follow the event".  In other words, normally the winner of legal proceedings will receive an order that their costs should be paid, by the losing party.  We mention some exceptions below. Here we should pause to think about what this means:

When a retailer purchases from a wholesaler or a manufacturer the retailer must ensure that they know the limitations of the goods purchased.  If the goods are faulty then the retailer may be liable to any subsequent buyer.

Whenever a retailer sells goods to a consumer there is a sale agreement and conditions are implied into that agreement.  Consumers may make use of these conditions to successfully claim against a retailer.

The stakes can be high!  If a product is not fit for a purpose it may cause damage and necessitate rectification works the cost of which may go well beyond the cost of the goods supplied.