A judge is to deliver his ruling in a row a council’s decision to impose age limits on taxi cabs in a city hosting the Ryder Cup…. From BBC News. Full story

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California Real Estate Attorneys have never seen more fraud in the real estate industry than there has recently been in this economic downturn. There has been loan modification fraud on a huge scale, loan fraud, RESPA violations and individual acts of fraud in the sale and purchase of real estate throughout California.

If you have a real estate matter or a contract that needs review, visit our law firm website at http://www.SebastianGibsonLaw.com for more information and call us at any of the numbers easily found on our website.

It doesn’t matter where you live, if you eventually ever buy or sell real estate again, which many of us have begun to think will never happen again, though it probably will, you need to know what makes a real estate contract legal.

A real estate contract can be written, oral, or implied. But in real estate law, only some real estate contracts can be oral such as commission sharing agreements, while almost every other type of real estate contract must be in writing.

The Statute of Frauds in California requires these contracts to be in writing: leases for more than a year, commission agreements between principals and real estate licensees, and contracts for the sale of real estate.

The required elements of all contracts in California are: the capacity of the parties to enter into the contract (not minors, not people of unsound mind, not intoxicated or drugged parties), an offer containing all the material terms, acceptance of that offer, communication of the acceptance, mutuality of consent, and consideration (anything of legal value).

While in many real estate contracts, a good faith deposit is made, this deposit is not required for there to be a valid contract.

In real estate law, there are common situations that arise which don’t arise as often in other situations. For instance, real estate offers often have expiration dates. Options are used frequently by builders in land contracts. Counter-offers can be numerous.

Additionally, in real estate situations, and especially in bad economic times, parties try to avoid being bound by contracts more often. Grounds for avoidance include duress, undue influence, fraud or misrepresentation, and mistake.

A party can be defrauded in the inducement to sign the contract for instance by failing to disclose material facts. A party can also be defrauded in the inception by making a person believe they are signing something else all together. When obtaining celebrity autographs, it’s therefore not a good idea to try to get them to sign for your meal at the same restaurant.

A party can also illegally be induced into breaching a contract. This tort requires proof of the following: a valid contract with another, knowledge of the contract, intent to induce a breach, a breach, improper or unjust conduct in inducing the breach, and damages.

One can also be sued for interference with an existing contractual relationship. For this type of lawsuit to be successful you must prove the existing valid contract, knowledge, intentional acts to interfere with the contract, actual interference and damages.

Remedies for breach of contracts include damages, specific performance of the contract despite its breach or rescission of the contract. Real estate contracts often provide for liquidated damages, i.e. a specific amount of damages to be paid, in the event of a breach.

While in general there are no punitive or emotional damages available for breach of a contract, there are exceptions. And if the contract provides that the prevailing party is entitled to attorney fees and costs, the losing party will be responsible for both his or her own attorney fees and costs as well as the other party’s attorney fees and costs.

If you have a real estate contract or agreement that needs to be reviewed or need the assistance of a California real estate lawyer and broker in a real estate dispute, visit our law firm website at http://www.SebastianGibsonLaw.com and call the law firm of R. Sebastian Gibson today.

As a civil litigation attorney who has settled hundreds and hundreds of cases without the expense and time involved in trial, and who has settled these cases for amounts that clients were very pleased with, I tell other attorneys that there are a number of steps that bring this success, none more important than using mediation to your advantage.

If you need legal assistance for a mediation or arbitration in California visit our law firm website at http://www.sebastiangibsonlaw.com for more information and call us at any of the numbers easily found on our website.

Whether your case is in San Diego, Orange County, Palm Springs, or Palm Desert or even if your case is an international one, there are good mediators available who can be invaluable to winning your case.

The most important step an attorney can take when a case won’t settle for whatever the reason, is to convince the other attorney and your client to go to mediation. Once the parties have agreed to go to mediation, the key is choosing the right mediator.

Many states have legal newspapers that are published daily and many of those newspapers have annual lists of the best mediators. This is one good source for finding a neutral mediator that will take the time to both understand the issues and wrangle with the parties until a settlement is achieved.

Another good source for mediators that are evenhanded and conscientious are other attorneys. You can almost always count on the opposing attorney to recommend a mediation service that has scores of mediators, each with their own specialty. This type of mediator is hit or miss.

If you are a plaintiff’s attorney, you want a mediator that is 1) Recommended by other plaintiff attorneys, 2) Acceptable to defense attorneys, 3) Known to read mediation briefs, 4) Known to have a slight persuasion toward Plaintiffs, 5) Knowledgeable in the subject of the lawsuit, and 6) Known to stay as long as it takes to settle a case.

If you are a defense attorney, you want a mediator that is 1) Recommended by other defense attorneys, 2) Acceptable to plaintiff attorneys, 3) Known to read mediation briefs, 4) Known to have a slight persuasion toward being conservative, 5) Knowledgeable in the subject of the lawsuit, and 6) Known to stay as long as it takes to settle a case.

The second most important step an attorney can take to have a case settle for a figure that the client will accept is to prepare a well thought out and organized mediation brief. The difference between a short argumentative brief and a well-reasoned and more substantial brief with exhibits attached is the difference between winning and losing.

The third most important step is to prepare the client. The client needs to be prepared for what questions you, the other attorney or the mediator may ask. And the client needs to be prepared as to the process of the mediation and how long it may take. If possible, the client should also be prepared as to what his bottom line is, i.e. what he or she will be prepared to take or to pay.

If these steps are taken, there is a good chance your case will be settled in the mediation. If you don’t take these steps, you may very well be wasting your half of the mediator’s hourly rates which, for a good mediator, are $400/hr and up.

If you need an attorney for a mediation or for litigation that should be settled rather than taken to trial, visit our law firm website at http://www.sebastiangibsonlaw.com and call the law firm of Sebastian Gibson today.

What most people want to know from a California contract lawyer is whether they or the other party have broken that agreement and whether they are obligated to pay for breaking that contract or agreement in California.

If you have an issue with a contract in California visit our law firm website at http://www.sebastiangibsonlaw.com for more information and call us at any of the numbers easily found on our website.

If you’re in business in California and even if you’re not, you already know what a contract is. It’s that thing you signed when you or another party agreed to pay something in return for something else.

In order to determine the answer to who’s entitled to what, a contract attorney in California must read the contract and learn what happened from the client. If the contract is in writing, for the most part, the written terms of the contract determine the answers to those questions. But it is still usually necessary for a California contract lawyer to advise a client how the law looks at such terms.

If the agreement was not in writing, then the client’s statements and those made by the other party when the agreement was made become of more significance. In other cases, the question of whether a contract exists or not, may depend on whether there was an offer and an acceptance of that offer.

A contract can also be implied by the conduct of the parties. However, implied contracts and oral contracts are usually the most difficult types of contracts to prove. A written contract is the easiest, and this is why contract attorneys advise everyone to always put their agreements into writing.

In determining whether there has been a breach of the contract under California contract law, or in other words, whether one of the parties broke their agreement, it is required to determine if one of the parties performed their promises under the contract agreement.

For one party to obtain damages from the other, the performing party must have performed his or her obligations under the contract, or there must have been what the law allows as a valid excuse to his or her performance. The performing party also may allege that the other party waived the performing party’s performance. However, a party claiming that his or her performance was excused or waived has a much more difficult burden of proof, in most cases, to be successful and obtain damages

The crux of a breach of contract claim is the other party’s breach. The breach may be a failure to pay money, or the failure to perform some service, deliver goods or take some other action.

Since the object of a claim for breach of contract is the damages suffered by a party, the person claiming he or she was wronged, must have also suffered some financial damages.

The next question for clients is what are they entitled as a result of the breach of the contract by the other party.

The general rule is that the injured party is entitled to the benefits he or she would have received if the contract had been performed. This is generally the amount that would compensate the aggrieved party for all the detriment he or she suffered as a result of the breach.

That doesn’t mean, however, you can claim emotional stress, punitive damages, try to inflate your damages unfairly, or obtain damages which cannot be clearly ascertained.

However, an injured party may obtain damages for lost profits, for his or her expenditures, for interest, and if the contract provided for them, even for attorneys’ fees and costs and again, if the contract provides for a specific amount of damages, for these “liquidated” damages.

Each case rests on its own merits and there are different ways to plead and prove a person’s damages. Some remedies under the law are exclusive while in other cases, a client must choose which damages he or she would prefer to obtain, for example specific performance of the contract. On the other hand, a party, may have the option of rescinding the contract (the remedy of rescission) when it has been breached by the other party, and seek restitution of the price he or she paid, in other words, his or her consideration.

While the terms of a written contract are extremely important where there is one, there is much more to contract law than simply reading a contract or writing down simple terms such as “if I do this, you agree to pay me that.” If you want the right to be paid for your attorney’s fees and costs in the event of a breach, for instance, some additional language must be added to the contract.

In California, a prevailing party in a contract dispute is entitled to attorneys’ fees only if the contract provides for this. If the contract is silent, each party is responsible for their own attorneys’ fees and costs. This is often crucial to a decision by a client of whether or not to go forward with litigation.

There are also many other issues a California contract lawyer must analyze in a contract case, among which. are whether a California court would have jurisdiction over the case. This may depend on issues such as where the contract was formed, where it was to be performed and the locations of the parties involved. If the contract was agreed to over the Internet, there are another whole set of facts and issues that must be considered.

There is also the issue of which statutes of limitations apply and determining if an aggrieved party can still file a lawsuit in court or whether the time has run out on such a claim. There are different statutes dealing with written contracts and oral contracts and those statutes vary from state to state. There are also different rules dealing with contracts involving land or real estate, minors, and other situations.

If you have a contract that’s been breached by another party or if you are being sued by someone over a contract, visit our law firm website at http://www.sebastiangibsonlaw.com and call the law firm of R. Sebastian Gibson today.

• Emory Police Department received a report from the Woodruff Health Sciences Center Administration Building on Nov. 2 between 6:22 and 6:50 p.m. Someone reported that that a 6 foot subject with brown hair and a mullet was trying to enter different doors at the location. EPD officers responded to the location but could not locate the subject. The subject had previously told the female complainant that he was involved in a study at the location. He was last seen in an elevator in the building.

• EPD received a report of criminal trespassing and property damage on the first floor of Dobbs Hall that occurred on Nov. 3 between 8 and 11 a.m. A female student from Florida reported that someone wrote “b—h” in black on a display board outside of her room at the location. The information has been turned over to Residence Life.

• On Nov. 3 at 1 p.m., a student reported that they had previously become involved in a heated discussion with another student at Tarbutton Hall. The student further stated that they felt ill after the discussion, but had not sustained any bodily injuries during the interaction.

• An 18-year-old male Emory student reported that someone walked into his room, damaged the screen on his computer, and put the computer back in the same place on Nov. 4 between 10:20 a.m. and 1:30 p.m. The student expressed the possibility that a visitor may have inadvertently damaged the computer and did not report the damage to him.

• EPD officers responded to Presidential Park Apartments on Nov. 5 at 12:47 a.m. after receiving a  report of a suspicious person at the location. The individual in question is a black male subject, 5 feet 11 inches tall and weighs approximately 155 pounds. He has black hair and brown eyes and was last seen wearing a white shirt and jeans. The subject had been in the foyer of the building but was not a resident of the building. Officers made contact with the individual, who was not able to provide them with identification. The subject stated that he had a friend that lived in the building but could not say where this friend lived. He further stated that he did not think that anyone lived in the area because there were no vehicles outside. EPD officers issued the subject a criminal trespass warning and a citation for loitering, and his court date was set for Nov. 19 at 2 p.m. EPD was later advised by DeKalb County Police Department that the subject also had marijuana on his person at the time of his arrest. The subject was further charged with possession of less than one ounce of marijuana while in DeKalb County Jail. The subject also had multiple blue and yellow empty plastic bags on him at that time.

May 13, 2008: Allstate Texas Lloyd’s policyholders in Texas have a $71.3 million payday to look forward to, now that the insurance company has reached a settlement with state regulators in a dispute over homeowners insurance rates.

As tension rises between Beanie Sigel and Jay-Z, State Property’s Freeway has voiced his thoughts and promised to keep a neutral position in the war of words.

Freeway also updated fans on his Cash Money Records ties.

“Oh, no, that’s the big homie and it’s still all love with Jay-Z,” Free promised in an interview. “We still communicate. When I need him, I definitely can reach out and I know he will be there for me. Right now, I’m just trying to do my thing, show that I can do my thing on my own without him. But when I need him, I think the big homie will definitely be there…[My Cash Money Records deal] is not official yet, but we’re working it out, probably at the top of the year after we drop The Stimulus Package…We all family. Beans is on the album, Young Chris, Omilio Sparks. It’s still all love. In the future, we’ll definitely do another State Property album. We just got to find a nice situation for it and we’ll make it happen.”

Real Madrid winger Cristiano Ronaldo will travel to Portugal to be assessed by his national team’s doctors…. From BBC News. Full story

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Real Madrid winger Cristiano Ronaldo will travel to Portugal to be assessed by his national team’s doctors…. From BBC News. Full story

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453474     การระงับข้อพิพาทระหว่างประเทศ     International Dispute Settlement

กลไกการระงับข้อพิพาท การเจรจาต่อรอง การไกล่เกลี่ย อนุญาโตตุลาการ การใช้สิทธิทางศาล การเลือกใช้กฎหมายในการระงับข้อพิพาทระหว่างประเทศ ความตกลงระหว่างประเทศเกี่ยวกับการระงับข้อพิพาท ระเบียบของสถาบันในการระงับข้อพิพาท

(Mechanisms of dispute settlement, negotiation, mediation, arbitration, adjudication, choice of law in international dispute settlement, international agreement on dispute settlement, institutional rules of dispute settlement.)

(453474 มหาวิทยาลัยเกษตรศาสตร์)

3400655    การระงับข้อพิพาทนอกศาล    Alternative Dispute Resolution

รูปแบบและบทบาทของการระงับข้อพิพาทนอกศาล รวมถึงการเจรจาต่อรอง การไกล่เกลี่ย การอนุญาโตตุลาการ และ การอนุญาโตตุลาการทางพาณิชย์ระหว่างประเทศ สัญญาอนุโตตุลาการ กฎหมายวิธีพิจารณาความที่ใช้บังคับ การยอมรับและการบังคับคำชี้ขาดของอนุญาโตตุลาการต่างประเทศ สนธิสัญญาและองค์กรอนุญาโตตุลาการที่สำคัญ รวมทั้งสนธิสัญญากรุงนิวยอร์ก เกี่ยวกับการยอมรับและการบังคับคำชี้ขาดของอนุญาโตตุลาการ 1958 กฎหมายต้นแบบของอันซิทราลสนธิสัญญาอิคสิด และพระราชบัญญัติอนุญาโตตุลาการของไทย

(Forms and functions of alternative dispute resolution including negotiation, mediation, arbitration and international commercial arbitration; arbitration agreement; applicable procedural law; recognition and enforcement of foreign arbitral awards; major arbitral conventions and institutions including the New York Convention on the Recognition and Enforcement of Arbitral Awards 1958, the UNCITRAL Model law, the ICSID Convention, and the Thai arbitral law.)

(3400655 จุฬาลงกรณ์มหาวิทยาลัย)

By Steven G. Mehta

As a mediator, it is my job to be right in the middle of conflict.  Indeed, often as a mediator, we have to listen to things that the other side may not be willing to listen and then communicate that message to the other side in a way that does not turn off the other side yet communicates the message.  It makes me think that conflict is a normal part of life.  We all have conflict, and many people are afraid of conflict.  Rather than thinking that conflict is a bad thing, perhaps we can consider using it as a good thing:  An opportunity to communicate and clarify in a relationship.  As such, I have put together some suggestions when a conflict starts.  Hopefully, you will find them interesting…

1.  Calm Down.  Take deep breaths.  While breathing, think of a good things in your life.  Doing this will help you from feeling overwhelmed by the conflict and will enable you to think clearly.

2. How important is this person? Most people regret what they say most to their most loved ones.  Remember at the end of the day and the end of the conflict, you still have to be friends, co-workers, spouses, or family.  Focus on the fact that you are cleaning up your communication issues and the positive nature of that conflict.

3.  What are your needs? Don’t  get distracted from your own best goals/needs by the conflict.  More often the conflict is a temporary distraction rather than something that helps you achieve your goals. Think about  long-term interests are in the situation, and rank them by priority, so that you stay focused on negotiating the issues that really matter to you.

4.  Will This Issue Matter in a Year? Choose your battles wisely.  Will it matter and why?  Most times, the answer is no.  This can help guide you to determine if this is a battle worth fighting.

5. Consider the Other Person as an Ally.  Just changing your view of the other person in conflict can help you manage your emotions and the conflict itself.  Further, it allows you to focus the conflict on cooperative efforts rather than opposing efforts.

6. Begin by listening to the other person and affirming anything that you can agree on. Look carefully for any and all the areas where your interests and needs might overlap with their interests and needs. Verbally identify those commonalities.  Address prior agreements or successes with that person. R Then work to expand the areas of agreement.

7. Acknowledge and apologize for any mistakes. Many people refuse to apologize.  Don’t be afraid to do so.  Also, unequivocally apologize without any mitigators.  In other words, no “Sorry, but…”

8. Summarize the other person’s needs, feelings First. When people feel heard, they are more likely to listen. Summarize to let people know that you have understood them, not to argue with their view.

9.  Focus On Principled Solutions, Not Positions. For example, if you can’t agree on a price for something, see if you can agree on a fair rule to set the price. If you can’t agree on a fair rule, focus on finding a referee who could help you and your partner-in-conflict define a fair rule.

10. Ask For Specific Actionable Items.  Rather than focusing on overall feelings or attitudes, focus on things that can be done specifically.   Answer the Who, What, When, Where, and especially Why about your request.  Explain how the actions will help you and if possible, the other person.

I never cease to be impressed by how easily and quickly what seems to be a fairly simple and straightforward decision can descend into a declaration of war – and I’m sorely tempted to add especially when councils and other self-interested groups are involved (but I won’t). Even appointing outside consultants doesn’t seem to help.

A couple of months ago, back at the start of September, it was announced that three possible sites for a visitor centre dedicated to St Kilda had been selected. It looked as if this was going to proceed sensibly, as Comhairle nan Eilean Siar (Western Isles Council) had declared that Hirta, the main island of the St Kilda archipelago, was not a possibility, because it is often inaccessible. Even though it is only about 40 miles west of the nearest islands, conditions are so severe that travellers can set out for St Kilda in fine weather, only to find that it is impossible to land on Hirta by the time they have sailed to the island.

Three potential locations were identified, all on the Western Isles, about 40 miles over the sea to the east of St Kilda: Cleitreval in North Uist, Leverburgh in Harris and Mangersta in Uig.

A few weeks later, by the End of October, a preferred site had been selected, and the consultants’ recommendation was Mangersta in Uig. The recommendation is far from final, and the plan still has to make its way through the local council’s decision making process, be considered by the sustainable development committee, and be considered by other public bodies before the visitor centre proposal is finalised.

But is looked as if the initial phases was over.

Not so…

A war now looks likely as the groups representing the Harris and North Uist bids are claiming that the rules were changed part way through the selection process, and the criteria were changed – Harris is seeking to resubmit it plans, and South Uist is considering similar action.

The media reports so far are short of detail, and those not involved in the process are not privy to the details and criteria the consultants worked to, so it’s not possible or fair to judge. However, this story seems to follow many similar complaints, where the parties involved are happy to conform to the criteria – until the decision fails to favour them, whereby they suddenly reveal to the world that the “rules changed and were cheated”.

Even if the claims are substantiated, this procedure still significantly weakens the complainant’s case, since it implies they would have kept quiet about the changes, and happily accepted the ruling had been in their favour.

If there is a problem, the time to speak up about it is before any final decision is made, not to wait for the outcome, and then jump up and down if it doesn’t suit you.

By Rory Reynolds

ONE of Scotland’s top whisky suppliers has become embroiled in a heated dispute over its decision to stock English whisky.

Royal Mile Whiskies in Edinburgh are to sell the English Whisky Company’s Chapter I next month after preview bottles proved a big hit.

But despite the approval of top noses, purists say they are appalled at the move, with one adding the firm have “betrayed Scotland” by stocking the Norfolk-distilled drink.

Arthur Motley, Royal Mile Whisky’s buyer, said: “We got some negative feedback, mostly from American Scots, said things like, ‘how could you?’ and ‘you’ve betrayed Scotland’.

“Some people were riled, but hopefully most of the comments were meant in a light-hearted way.”The firm that produces the ‘single malt spirit’ – which is emblazoned with the St George’s Cross – has also caused a stir by announcing that they will release a “commemorative bottling” if England win the World Cup in South Africa next year.

Baffling

Ian Hudghton, the SNP MEP who has campaigned to ensure the phrase “Scotch whisky” can only be applied to Scottish products, labelled the newcomer, “not the real McCoy.”

John Kaylor at the Tartan Army added the drive for English Scotch was baffling.

He said: “It’s flattering that the English want to copy us, but what’s next, Shakespeare shortbread and the Lake Windermere monster?

“No true Tartan Army member would ever wet their lips with English whisky.”

But one whisky expert has said that the new tipple is worthy of sitting alongside Scots single malts.

Jim Murray, respected author of tipple tome, The Whisky Bible, said that the southern invader was a respectable offering.

He said: “Even without the peat, we have a gloriously characterful new make.

“This first dedicated English distillery for over a century is likely to gain a name for exceptional quality.

Tangy

He added: “If any Scots start looking over their shoulder and get worried by this, then they must be hopelessly insecure.

“This is only one small distillery and it certainly won’t make a dent on the combined might of the Scotch whisky industry.”

A spokesman for the Scotch Whisky Association said that the group welcomed the move, saying: “The fact that countries outside of Scotland, including England, are keen to produce whisky is testament to whisky’s continued success around the globe – we wish out friends in Norfolk well.”

Andrew Nelstrop, co-owner of the English Whisky Company, reckons they have carved out a place for themselves already, with their distinctive tangy toffee flavour.

He said: “Much to our surprise and delight, our whisky has already attracted a lot of interest in Scotland.

“We are shipping about 500 bottles a month up to Scotland and we expect that to grow.

“There are a lot of Burns suppers going on in England now and we are hoping to supply them with genuine English whisky come January.”

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The Match of the Century is on. McQuaid vs. Boudry.

The war of words between UCI President Patrick McQuaid and French Anti-Doping Agency head Pierre Boudry escalated Saturday.

They’ve decided to settle their disputes once and for all, in the wrestling ring. “”I’m sick of that whiney French guy, always complaining and turning up his nose. I’m gonna stomp on his face. ” said the red-faced McQuaid.

For his part, Boudry is hardly worried. “You can see he is flabby, a bureaucrat who sits on his hindquarters all day making pronouncements like he’s king. I am training already,” said Boudry.

The UCI president appeared to snap after the constant hounding by Boudry in the press. “Boudry thinks he’s some kind of intellectual, drinking his red wine, reading his French existentialist novels. I will break him in two,” said McQuaid.

Rumors are spreading fast that the under-card for the much-anticipated event will feature Anne Gripper, head of the UCI’s anti-doping team, taking on Alejandro Valverde. But at this moment, no details have been announced.

However, the wrestling promoters are already planning a tag team match between the embattled Spanish Cycling Federation and Italian Olympic COmmittee (CONI). Winner to decide Valverde’s doping ban.

Stay tuned for more developments.

Fick was a plaintiff in a suit lodged with the Southern African Development Community’s Namibia-based tribunal which ruled he could not be dispossessed of his farm… From VOA. Full story

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