Archived Articles about Legal

Which Terms And Conditions Template    By: James Mark
Why a terms and conditions document? Everyone knows that terms and conditions are critical. They govern the relationship between you and your customer. Much general law applies to the rules when making contracts with businesses and consumers. Further, if you operate via a website or from a distance, there are further regulations you must comply with. Choosing the right document is therefore essential. How to choose: The Net Lawman documents have been divided not according to what you sell, but according to whether your customer is a consumer or business; and whether you sell goods or services, or both. We have further provided for traders who have only a modest Internet presence and traders who take money on their website. Start by looking at your customers. The law provides far greater protection to “consumers” than the business buyers. A consumer is anyone who is not buying in the course of a business. The “consumer” versions provide that the consumer protection law relates only to consumers, so if you sell to both consumers and to businesses, you can use the “consumer” version for all your customers without giving anything away. Alternatively, you could use both versions and code your site so that the version which comes up before a customer is decided automatically from the data you have asked them to enter. Still can't decide? Contact us using the link at the bottom of this page and we shall be more than happy to help you to choose. Alternatively, if your business is rather unusual or unique contact we to draw a bespoke terms and conditions document which may suit your business model better.(read entire article)(posted on: 2010-05-17)
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Employee Assessment Forms    By: James Mark
Introduction: Businesses do not have to have an employee assessment system in place by law. However, the benefits of an appraisal system can be seen immediately: • They require an employee to focus on the work at hand and to reflect on their progress; • They give the supervisors / manager a chance to assess an employees’ work; • Both the employee and supervisor / manager can create a short term and long term plan of action for the employee; • The employee receives vital feedback and will feel focused and encouraged, therefore increasing work efficiency; • The employee and supervisor can assess the potential of the employee and look at possibilities for promotion and / or growth in the employees’ career. The forms: It is essential to have written records of the assessment to provide feedback to an employee and to allow more senior management to monitor the effectiveness of the assessment system. Most employee assessment forms should contain provision for: • Basic personal details - name, department, post, length of time in the job; • Job title; • Job description - a job title and a brief description of the main objectives and duties of the job. It helps assessors to focus attention on the employee's performance at work and to avoid assessing character; • Ratings - Ratings list a number of factors to be assessed such as quality and output of work, which are then rated on a numerical scale according to level of performance, for example. • 1 Outstanding; • 2 Exceeds requirements of the job; • 3 Meets the requirements of the job; • 4 Shows some minor weaknesses; • 5 Shows some significant weaknesses; • 6 Unacceptable; • The rating scales method is easy to construct, use and understand. However, there is a tendency to bunch the ratings around the average point and lack precision; • General comments by a more senior manager; • Comments by the employee; • A plan for development and action. Some appraisal techniques: • Rating - employee characteristics are rated on a scale which may range from 'outstanding' to unacceptable; • Comparison with objectives – An employee and their manager agree objectives and determine whether they have been met at the next assessment; • This method can be more participative - it gives an employee the chance to agree their objectives and enables self appraisal; • Critical incidents - The appraiser records incidents of employees' positive and negative behaviour during a given period; • The method can be time consuming and burdensome and it can result in an employee feeling that everything they do is being observed. The critical incidents method is useful as a supplement to other techniques; • Narrative report - The appraiser describes the individual's work performance in his or her own words; • This requires the assessor to describe the individual's work performance and behaviour in his or her own words. Narrative reporting is flexible and can enable the appraiser to gear the report to specific circumstances. However, its effectiveness depends largely on the literary ability of the assessor! Appeals: A procedure for employees to appeal against their assessment through a grievance procedure is necessary. Appeals should be made to a more senior manager than the assessor. The appraisal interview: • An employee should be given adequate notice of the assessment. Self assessment forms can help them prepare; • At least one hour should be set aside for the interview; • The assessor should suggest ways in which the employee's good work can be continued and how he or she can achieve further improvement; • Both parties should discuss how far agreed objectives have been met and agree future objectives. The structure of the interview: the interviewer should: • Explain the purpose and scope of the interview; • Discuss the job in terms of its objectives and demands; • Encourage the employee to discuss his or her strengths and weaknesses; • Discuss how far agreed objectives have been met; • Agree future objectives; • Discuss any development needs appropriate to the existing job or the individual's future in the organisation, for example: training, education, work experience; • Summarise the plans which are agreed.(read entire article)(posted on: 2010-05-17)
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Tenants - Lease Or Buy    By: James Mark
Introduction: This article is based on common sense and a lot of experience. When your business requires its own premises a decision must be made as to whether to lease or purchase commercial property. If the answer is not immediately obvious to you, here are some of the considerations: 1. Available finances: Your first consideration will be based on whether you can afford to buy. If you can, but only just, is it worth pushing to own the property to save your money being poured into someone else’s hand if you instead, choose to rent. Of course your calculations will be based on interest rates and rates of return on property. Interest rates vary according to the economic cycle and a number of other factors. Rates of return on investment in property vary according to the interest rate cycle, and also to the type of business property. An investor in a substantial shop property in NSW for example, might expect a return of 5%, whereas an investor in industrial property in say, Newcastle, may seek a return of 10% or even 12%. This difference reflects the market's perception of risk. On a pure comparative cost calculation, you should therefore set out the figures comparing the total cost of being your own landlord, as against the total cost of someone else being your landlord. If you are looking at a rent of, say, $30,000 per year against a purchase at $300,000, then you need to be able to borrow at less than 10% for the cash flow effect of your purchase to be better than the cash flow effect of a lease (ignoring capital repayments). 2. Capital appreciation: In the long term the capital value of your purchased property will increase at least in line with inflation. For property, the ""long term"" can be said to be the life of an average building, so we are talking ""really, long term"". Even this however, is subject to other influences and trends. Over the last ten years the changing structure of the workforce has reduced the demand for industrial and older business property. Your motor repair workshop may only be worth the same number of dollars today as it was worth ten years ago. In real terms you have probably lost half its value. Even if you use a professional surveyor to advice on today's values, you will still need to take your own view on future values. In a property lease the risk is taken by your landlord. The rent is likely to be fixed for a number of years, and will then be increased in line with the general level of rents for similar properties. 3. Property is always a strong asset in the long term: In the cash flow calculation above, no account has been taken of repayments on any borrowing you took out to fund the purchase. If a large proportion of the purchase price was borrowed from a specialist property lender, with repayments of capital and interest (like your house mortgage), then you may still be able to find a deal which provides a total payment to your lender which is no greater than the sum that you would have been paying in rent. In that scenario, you end up owning your property. That is obviously more attractive than a property lease situation. But if you need to sell your property in bad times, you may not achieve the price you thought it was worth. 4. Flexibility: Buying your property will add to the general responsibility of your business and overall stress. At the end of a lease however, you can walk away with no further obligation. If you have to move whilst a lease is still running, you may have problems. You will have to continue to pay the rent - or find someone else to take over the lease from you. If the ""someone else"" you find fails to keep up payments, then you might find your old landlord knocking on your door instead. Finding a new tenant may be inconvenient. You may find there is a deficiency between the rent you were paying, and the new rent someone will pay to take you out. Simply, keep your business property lease as short as you can, or buy a property you are sure will increase in value.(read entire article)(posted on: 2010-05-17)
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Illinois Nursing Home Injury Attorneys    By: Robert Brown
Nursing home neglect and abuse occurs more often than most of us prefer to imagine. Currently in the United States, there are well over one million nursing home residents.(read entire article)(posted on: 2010-05-17)
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Joint Tenants And Tenants In Common    By: James Mark
Introduction If you are about to embark on the journey of buying property with someone else, you should read this article or do a little research from money management websites such as Love Money. Doing this may help you that purchase that will suit your needs. Similarly if you already own a property with someone else, this article will also be useful reading. Essentially, you must consider how the property is held if there is going to be more than one owner. Usually, as is the case with all legal matters, everything is blissful until there is a dispute. Land law is a particularly complicated area of law. You should therefore ensure you understand your rights and obligations before a dispute occurs. Note: while the law maybe similar in all states, this article has been written with only Queensland in mind. Co-owners in Queensland In Queensland there are two methods for Co-owners to hold property. This are: • Joint tenants; or • Tenants in common. This distinction also applies to persons who take a lease of or mortgage over, a property. Co-Owners of land in Queensland must be registered as joint tenants or tenants in common. If a transfer of property is silent on the issue it is recognised that the Co-owners hold as tenants in common in equal shares. Of course you might not own the property in equal shares – it might be 60/40, or 80/20. If the law presumes 50/50, one of you will lose out. Tenancy in Common This is where two or more individuals hold property as tenants in common in any shares they choose. For example: • A, B,& C purchase a property for $90,000; • A contributes $20,000, B, $30,000 and C, $40,000; • The transfer is noted as follows “A as to 2/9 share, B as to 3/9 share and C as to 4/9 share as tenants in common”; • The holding does not have to represent the party’s respective contributions; however this is preferable as it makes things easier for the courts to decide come a dispute. Each tenant in common has the right to deal with their share of the property separate from the others. So each individual can technically sell or mortgage their share of the property. Of course in practise, this is more difficult. Why would I choose a tenancy in common? The most important advantage of a tenancy in common is that your shares are protected in the proportions you designate. This is best illustrated by the death of a tenant. When a tenant in common dies their share of the property passes in accordance with their instructions as set out in their will. It is imperative if you hold any property as a tenant in common that you have a valid and enforceable will, which specifies the person or the organisation which is to receive the benefit of your share of the property. A tenancy in common is the only holding which allows you absolute control over who will receive your share upon death. If you are in a joint tenancy, the situation is different, as you will see below. Joint Tenancy Joint tenants hold property in equal shares no matter how many joint tenants there are. Upon the death of a joint tenant the share passes to the other joint tenant/s (in equal shares if more than one) automatically without reference to any intention of the deceased person, as may be set out in a will. The most common use of holding as joint tenants is a husband and wife situation where upon the death of the husband or wife their interest automatically passes to the surviving party. For example, husband and wife hold property as joint tenants. If the husband dies the wife is automatically the owner of the property. As we note below however there are wider considerations requiring careful thought before entering into either type of tenancy. What if there is a dispute between co-owners? Whether you choose a tenancy in common or a joint tenancy, the Property Law Act (QLD) 1974 (PLA) provides for the resolution of disputes between Co-owners. Aside from logical mediation and negotiation, a tenant can apply to the court pursuant to section 38(1) of the 1974 Act. Most commonly, the court will appoint a trustee to oversee the sale of the property. However, there are other solutions. In summary therefore the main method of ending a Co-ownership arrangement, be it joint tenants or tenants in common, is by the sale of the property. Can I change my mind? If you choose one particular holding over the other it is possible to alter the holding to the other form. The most common example of this is the severing of a joint tenancy in favour of a tenancy in common. Considerations when changing the type of holding Family Law Proceedings - Due to the high rate of divorces, some degree of planning is essential, even if this causes slight upset to either or both parties at the time. Of course it is important to correctly record your particular contribution accurately so that the other party (your husband or wife) doesn’t get the better deal. Simple put, it does not make any sense to hold as joint tenants or tenants in common in equal shares if the contributions of the parties do not reflect this. Asset Protection - It may be prudent to consult your solicitor or accountant before deciding on a holding if one of the parties is exposed to greater financial risk or the threat of bankruptcy. There will need to be a trade off of considerations in these cases particularly if the contributions will not be reflected in the holding, however the preservation of the property may be worth it. Estate Planning - the benefits of properly and effectively planning for your death you will never get to enjoy however the thought of providing for your family should be somewhat comforting. Consider this – A husband and wife own a home. The husband dies - the property goes directly to the wife. The wife then finds new husband and changes her will to leave the property to him. The wife then dies and the property goes to the new husband. Through the use of Testamentary Trust Wills this can be avoided and it can be insured that the assets will remain for the benefit of the children. For this to be possible, you must hold as tenants in common. How do I ensure the correct Co-ownership? You need a document to record your ownership contributions. This is known as a Co-owners agreement. These types of agreements are extremely useful for clarifying all owners’ rights and obligations and avoiding disputes.(read entire article)(posted on: 2010-05-17)
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Business Structures - Partnership Ins And Outs    By: James Mark
Introduction: A partnership is a relationship or association between two or more persons with a view to profit. The persons may be individuals or companies. Unlike a company the partnership is not incorporated. The rights and obligations of the partnership are governed by a partnership agreement which may be made in writing, verbally or by implication. It is also governed by the Partnership Act. Net Lawman recommends a written agreement is made to avoid disputes in the future. A partnership enters into an agreement in the name of its partners. Usually each partner is jointly liable for the obligations under the agreement. Accounting and records: Unlike companies, partnerships do not have any special legal accounting or recording requirements. Of course it is good practise to keep proper accounting records for taxation purposes. Income and losses are allocated to each partner according to their shareholding in the partnership; therefore it is important the accounts properly record income and loss so that each partner can calculate their individual tax. Partnership assets/liabilities: Everything in a partnership is shared in accordance with each partner's shareholding in the partnership. Each partner’s shareholding is recorded in the partnership agreement. Similarly, assets and liabilities are shared between the partners in accordance with each partner's shareholding. Note, unlike companies, partnerships have unlimited liability. This means that if one or more of the partners is found liable for doing or failing to do something, then all the partners in the whole partnership are personally liable. In a company, shareholders' liability is limited to the extent of their shareholding, which means the most they can lose is the value of their shares. In a partnership, on the other hand, there is no limit on the potential liability of partners. Partnership shares: There is no legal requirement for either party to hold a certain number of shares. The amount of shares held by each partner will depend upon the agreement reached between the parties. The proportion of shares held should be recorded in the partnership agreement. The shareholding may be a fixed amount or a percentage. The amount should take into account a possible increase or decrease in the value of the partnership business and assets. The shareholding may or may not reflect the liability or profit share of each party. For example, a party may have contributed 50% of the assets but may be liable for 75% of any liabilities. Similarly, the party may only be entitled to 40% of the profits of the partnership business. The agreement: The partnership agreement should set out all the terms of the relationship including the following: • Partnership shares; • Partnership assets; • Distribution of profits; • Partnership liability. How liability is to be apportioned between the partners; • Terminating the partnership/buy back of shares; • Disputes resolution. Tax issues: Partnerships are not taxpayers, but the individual partners must still pay tax. The income of a partnership and its losses are apportioned according to each partner's shareholding in the partnership. Each partner must include their share of the partnership income and/or loss in their own personal tax return. Capital gains and losses on partnership assets are also apportioned amongst the partners. Terminating the partnership/buy back: There might come a time where one partner ‘wants out’. In this case, there are a number of possibilities: • If a partnership is created for a particular purpose, then after the purpose is achieved or abandoned, the partnership dissolves; • If a partnership is created for a fixed period, then after the period is over, the partnership dissolves; • Once a partner resigns from a partnership or dies, the partnership is considered to be terminated; • If there are still partners remaining then they will be treated as partners in a new partnership; • If a partnership is engaged in unlawful activities, it will be dissolved by the law. These are not the only ways in which a partnership terminates. Often the partnership agreement will provide for situations in which the partnership terminates.(read entire article)(posted on: 2010-05-17)
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What You Should Know Concerning Personal Injury Claims?    By: Rudy Silva
Do you know the forms of personal injuries? Find out from this article about the type of claims that can be filed. Many victims are paid for accidental damages. Here are some important filing procedures. You can get compensation, if become disabled. Filing such a case could be a precedent for other victims. If you succeed in your petition, you will be paid by the defendant.(read entire article)(posted on: 2010-05-17)
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Disorderly Conduct Lawyers    By: Michael Smith
Disorderly conduct generally involves any type of act that is done in an unreasonable manner and both disturbs another person and provokes a breach of the peace.(read entire article)(posted on: 2010-05-17)
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Wisconsin Lemon Law    By: danielaiden
Wisconsin Lemon Law - Wisconsin Lemon Law Statutes and Attorneys/Lawyers Information. Free Case Review, Help and Legal Representation to Consumers with Lemon Vehicles.(read entire article)(posted on: 2010-05-17)
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Simple Cash Jobs    By: Johnfox
The #1 Secret That Allows The ‘Gurus’ To Earn $30,000 Per Month...(read entire article)(posted on: 2010-05-17)
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