#force majeur clause

[lexlawuk]

Court Dismisses Force Majeure & Trade Sanctions Control Defences

The High Court granted a summary judgment application in a breach of contract claim, and delivered a clear signal regarding reliance on contractual force majeure and trade sanctions provisions. The case in question is Litasco SA v Der Mond Oil and Gas Africa SA & Anor (Rev1) [2023] EWHC 2866 (Comm). The central question was whether payments to a Russian Oil Company were prohibited as…

[kalena-henden]

Destined With You has me intrigued. There are things I like about it (mostly Rowoon and the mystery), things that annoy me (the bad co-workers), and things that confuse me. After 4 episodes, I finally feel like I'm starting to understand what the writer is trying to do.

However, Netflix strikes again with a generic drama title that is very confusing and doesn't capture the depth or meaning of the Korean title in the slightest. (Thank goodness Viki got Doom at Your Service first cause that title is fire, even if it's not literal. I'm still shaking my fist at Netflix naming very accurate Korean title, Forest of Secrets, the boring and bland non-specific Stranger. Just why?!)

The Korean title is 이 연애는 불가항력.

The first part 이 연애는 means 'this love'. But the final word is the Korean translation of the French law terminology 'force majeure' (aka major force) which they translate as 'irresistible force'. It's a clause that is commonly used in contracts that negates some or all of the terms of a contract when an 'act of God' occurs, like a natural disaster, which would make one or both parties unable to fulfill their responsibilities. This is interesting as it gives the real title multiple meanings.

The most literal translation would be 'This Love is a Force Majeure' referencing Shinyu's profession and him being a stickler for adhering exactly to the contract terms, including verbal contracts like the ones he has with the Hongjo.

The next translation is 'This Love is an Irresistible Force' which implies that this love is almost against their will. They can't help but fall for each other. Currently, we have a quite literal interpretation of this with Shinyu accidentally drinking the love potion and now having unwanted thoughts and emotions regarding Hongjo.

Another potential translation extrapolated out of force majeure is 'This Love is an Act of God'. This implies this love is outside of human control, like destiny created by God or gods, depending on your religion. This is where I think Netflix got their generic 'destined' title. Unfortunately that 'destined' title completely negates that this writer has our leads intentionally playing with words. Not only on a banter level but also testing the letter of the law with their verbal contracts, some which are intentionally made and others they've made unknowingly. Words carry weight in this drama; not just through their emotion or meaning but in a magically binding way.

What if casting the spells isn't enough to activate them? What if the spells need words of intent to activate them?

Even though Hongjo doesn't believe it yet, she is a shaman or witch. Her words alone opened the lock on the box that held the spell book. They weren't just any words; they were words that had deep intention attached to them. After day dreaming her crush was there for her in a time of need when she was home alone, she half pleads, 'Please, can you come?' A few days later, Jaekyung has moved into the first floor of the house she rents.

When Shinyu drinks the Love Potion, nothing happens. He treats her the same way he's been treating her when she barges into his office to try to take care of the person who ran into the flowered-potted median. Any discomfort he's showing can be attributed to the fact that he is the culprit who ruined the median she is ranting over. It does however remind him how dangerous his illness has become triggering his urgency to cast the Disease Curing Spell as soon as possible. It's not until after he sees that the Love Spell is missing from the book and tells her, 'Because if you get a boyfriend, it's thanks to me.' that he has his first heart-fluttering sign of love when she tries take the book from him. He doesn't seem to have any moral issues with her using the love spell and is even trying to take credit for it since he gave her the box. After he discovers that he mistakingly drank the love potion, he's only upset that he's the one who drank it instead of her intended target. But what if drinking the love potion wasn't enough? What if it needed to be activated by his words of intention? His intention was for her to get a boyfriend.

Old Shaman to Shinyu: 'You killed her. The owner of the bloody hand that caresses your cheek. Karma will swallow you and you will struggle in horrible pain. But all the pain and curses will end. Finally, the owner of the wooden box showed up.'

Now back to our title, 'This Love is a Force Majeure'. The longstanding family curse appears to have been caused by Shinyu killing someone in his past life and curses can be considered a contract that binds people to their bad fate. If a contract is made in perpetuity, maybe the only way out is a force majeure happening. Note that 'will swallow' and 'will struggle' are future tense, they hadn't happened yet. Karma definitely seemed to swallow him whole when he unknowingly drank the love potion. It's also interesting she said he will struggle in horrible pain. We've seen him in physical pain due to the curse, but what if mental and emotional pain are added on top of this due to the love potion. The majority of this show will likely be showing him struggling through these trials as he unpacks his past life to save his future. (Hopefully... *crosses fingers and side-eyes Heartbeat*)

It's unlikely that the Disease Curing Spell is enough. It might be able to cure him of the disease but only once the magical curse has been lifted. So both spells always needed to be cast in tandem to break his curse. It's not a coincidence that Shinyu was in extreme distress when he ran into the median that Hongjo had planted the flowers on at the exact same moment she was casting the Love Spell. It caused a ripple in their fate. The beginning jumpstart of their love which needs to grow strong enough to cause a force majeure to break the curse or curses. Since Hongjo may not just be lonely, but cursed with loneliness. The signs are there. Her family is all dead. She doesn't have a boyfriend. She doesn't seem to have close friends even though she's quite friendly. Shinyu suggested that she's the reason she is alone. The Old Shaman also pointedly laments that her god wouldn't allow her to be in a relationship. This story becomes richer if Hongjo has a bad fate to overcome for herself, not just to help the male lead overcome his, but one that must be overcome together.

I'll end this with a little poetic fun from Google translate and deleting the last Korean word in the title one syllable at a time.

이 연애는 불가항력 - this love is irresistible

이 연애는 불가항 - this love is inevitable

이 연애는 불가 - this love is impossible

이 연애는 불 - this love is fire

[rosellacwrites]

I wanna be someone who believes

summary: Dieter knows it when he sees it.

pairings: Dieter Bravo x Reader

rating: teen maybe? I never know what to call this shit if it isn’t smutty 🤣

warnings: reader is a real estate agent and uses she/her pronouns but is otherwise undescribed; gratuitous use of double negatives; Dieter being Dieter

word count: 1650 (oops)

author’s note: posting late but written for the @dieterbravobrainrotclub May Drabble Challenge — the prompt was a meet-cute with “Do you believe in aliens?” Please be kind, I’ve never written for any of the Pedro boys before 🫣

Happy reading! ❤️

dividers by @firefly-graphics

“Please,” she coaxes you over the phone. “I’ll owe you big time.”

This is not the first time you’ve heard this from her, and you sigh. “What?”

“I need you to cover a big buyer for me this weekend. Dave got some kind of crazy deal through work, and he wants to take me to Cabo for the weekend, and my in-laws actually agreed to take the kids for once, but this is the only weekend he’s gonna be in LA between projects and I swear to God I’ll make it up to you, I’ll take your biggest pain in the ass buyer off your hands — “

“Danielle.” You take a sip of your coffee and rub the spot between your eyebrows. “Who is it?”

She takes a deep breath on the other end. “Okay — hear me out — he’s not quite as wild and crazy as you hear, more like… sexy eccentric? And the budget is good, all cash, I’ll send you his proof of funds — “

“Danielle,” you growl. “Who. Is. It.”

There’s a beat of silence, before she speaks. “… it’s Dieter. Dieter Bravo.”

“Are you fucking with me right now?” She’s your best friend in the industry, and you’ve watched her build her business, a solid roster of low-key celebrity clients who can trust her discretion, but this — this is the big time. “You really want to take a referral on this one?”

“It’ll be a healthy referral,” she points out. “He’s looking at five to seven, but he’s willing and able to go to eight for the right property. He won’t buy sight unseen, though — he’s gotta visit them all. The vibes, you know.”

You’re mentally calculating two and a half percent of eight million, minus referral, and you like what you’re coming up with, maybe even enough to genuinely enjoy this. “God save me from the vibes. Okay. Fine,” you say, exhaling. “I’ll do it — does he have a short list already?”

It’s her turn to sigh. “Vibes.”

“Vibes,” you echo, shaking your head. “Got it. Have fun in Cabo, you lucky bitch.”

“Have fun with Dieter,” she sing-songs. “You lucky bitch.”

*

As soon as you set eyes on him for the first time, you know you will. Everything about Dieter Bravo proclaims the fun kind of trouble, like sunshine that didn’t mean to burn you.

“Hey there, sweetheart,” he greets you, looking like he just rolled out of bed and wants nothing more than to get back in it, preferably with you. “Do you come with the house?”

“Only when the earth moves,” you retort sweetly.

He looks stunned for a moment, and then the grin breaks over his face like sunrise and he laughs, long and loud. “I like you,” he proclaims. “Danielle said I would.”

“I’m glad to hear it.” His laughter is contagious, and you can’t help liking him too. “It’s nice to meet you, Mr. Bravo.”

“Babe,” he says, looking pained, and you belatedly remember what Danielle had told you.

“Dieter,” you correct yourself, and he beams.

“That’s more like it,” he says cheerfully.

His assistant materializes from somewhere behind him, handing you a stack of papers. “Standard NDA,” they say. “I’m sure you understand.”

Dieter groans. “Do we have to do this?”

“I’m not offended, I promise.” You smile at him, and start to skim over the contract. It’s all fairly standard stuff, really, apart from the alien invasion bit inserted neatly into the force majeure clause. But it’s not the weirdest thing you’ve ever seen turn up in a legal document — this is Hollywood, after all — and you shrug, and sign.

“Amazing!” Dieter claps his hands like a child. “Let’s go buy a fucking house!”

*

Six showings later, you’re exhausted, your feet are killing you, and Dieter’s assistant looks as fried as you feel.

“Food?” Dieter asks hopefully. “Or weed? Or both?”

“I’m not feeling great,” his assistant says, rubbing their forehead. “I’m starting a migraine. Dieter, do you think you can manage without me for the afternoon?”

“Yeah, yeah, we’ll be fine.” Dieter waves a hand dismissively. “Go sleep it off.” He turns to you, and before he can say anything else, you nod and lead him away.

Fifteen minutes later, you’re seated at a tucked-away patio table at your favorite cafe, and Dieter’s looking much more relaxed, sunglasses pushed haphazardly up into his hair. “How’d you meet Danielle, anyway?” you ask him over the rim of your matcha latte.

“Hit on her in a club in West Hollywood,” he admits. “She was like ‘haha I totally would if I weren’t married, but hey, do you want to buy a house instead?’”

You can’t help laughing. “Yeah. That’s on brand.”

“It was fate,” he says. “Because I did want to buy a house, I just didn’t know it until she said it.”

“All that Cliff Beasts money burning a hole in your pocket?”

“I’m sick of hotels.” He shrugs, looking almost serious for once. “I travel all the fucking time, but — I want someplace I can come home to, you know?”

“Yeah. I do.” You look down at your drink and smile, toying with the already-disintegrating paper straw. “It’s such a stressful job sometimes, and the money’s not as great as everyone thinks it is, but when I can make that perfect match for someone, and I see their face light up when they walk in because they’re finally home — there’s nothing like it.”

“Yeah?” When you glance back up, he’s giving you the softest look you’ve ever seen, and it makes you wonder what his agent could possibly be thinking. The genuine sweetness he radiates is made for rom-coms, not half-assed action flicks. “Well, I’m glad you’re the one matchmaking for me.”

“Me too,” you say softly, your eyes locked with his, and you realize as you say it that it’s true.

It’s hard to remember that you’re working; you’re having more fun with Dieter than you have on any of the actual dates you’ve had recently. You linger at the table far longer than you should, talking about everything and nothing.

Finally, you crack, leaning forward and resting your elbows on the table. “I gotta ask,” you begin, and you see him tense, just slightly. “Do you believe in aliens?” He looks at you quizzically, clearly not expecting the conversation to take that particular turn. “It’s in your NDA. Alien invasion is one of the situations that gets me out of the contract.”

“Oh, I never read that shit.” He yawns and stretches, and you get an eyeful of his tummy when his shirt rides up. You try not to look — you’re sure there’s something in the realtor’s code of ethics about not ogling your clients, even if they are celebrities — but it’s impossible to look away from all that freckled golden skin. “But… I don’t not believe in aliens, you know? Who knows what the fuck’s out there? My lawyers know better than to leave my ass in the wind.”

“Fair enough, and I appreciate the loophole.” You shrug. “If aliens landed on the roof during one of our showings, you bet your ass I’d be calling TMZ real fast.”

“And I’d support that. Get your bag, babe.” He grins at you. “Do you want to have sex with me?”

You consider your next words very carefully. “I don’t not want to have sex with you,” you admit, and his face lights up. “But I have to do my job, first.”

“Okay, so let’s go do your job and get it out of the way.” He stands up, all business for the first time all day, and extends a hand to you. His hands are warm, slightly calloused, and big, and you find yourself praying that he gets good vibes from this last one.

“I’ve saved the best for last,” you tell him. “I think you’re gonna love this one. It’s been on for a while, and they just knocked the price down to seven-four. I think if you offered a little low, they’d take it.”

“What’s the vibe?” he asks.

“Think Zen, but casual about it. It was built ten years ago, but it feels a little seventies in a good way — lots of stone, warm wood, skylights. Indoor-outdoor living. There’s a koi pond that goes under the house.”

“Funky,” he says, raising his eyebrows. “Go on.”

“Separate guest wing with kitchen, ideal for live-in staff — yoga room with adjoining massage area — detached guest house with art studio potential — “ you recite. He’s weakening by the minute, you can see it. “Pool and hot tub, of course — there’s like a waterfall thing, it’s pretty cool — “ His eyes go all dreamy and you know, you just know, he’s thinking about having sex there.

Almost there, you think; it’s time for the clincher. “Six minutes to the Whole Foods on Sepulveda.”

He whistles, reluctantly impressed. “That’s the good one.”

“It is indeed.” You nod sagely.

“Fuuuuuuck,” he groans, tugging you by the hand he’s still holding. “Let’s go.”

*

A few weeks later, you surface to the sound of your phone ringing.

“Can you look and tell me who’s calling?” you call out, hooking your elbows over the side of the pool. “I’m all wet.”

Dieter wiggles his eyebrows at you and answers the call. “Hey, babe,” he says. “How was Cabo? Did you get pregnant?” He laughs. “Yeah, yeah — she knows I have her phone. She’s in the pool.”

“Tell Danielle I’ll call her back,” you shout.

“Yeah, she found me the perfect house,” Dieter says, ignoring you. “It’s fucking awesome. Moved in last week — you should come over and hang. Bring the kids. There’s this koi pond — ” He pauses for a moment to listen to her, and you shake your head fondly.

“Dee,” you warn. “Get off my phone.”

“You were right, you know,” he tells Danielle, grinning and blowing a kiss at you. “I liked her.”

Thanks to @freelancearsonist and @reallyrallyauthor for convincing me this was worth posting 😂

[slavghoul]

Hey Slav!! I didn’t really wanna bring it back up but I’m completely confused on when and why this happened so I’m asking you! Why was Tobias yelling at people exactly? I saw someone say it was because his equipment was being destroyed by the storm but I haven’t heard anything else :(. Anyway thank you!!

There's a detailed explanation of the situation on the band's Instagram page. To give you an idea of the gravity of the situation: consider that just the sound system that the band uses is valued at around $250,000. I’m excluding lighting equipment, instruments, screens, etc. that together make up another +$200k. The equipment is leased and typically right after a tour ends, another artist picks it up. Having it damaged to any extent not only jeopardizes the entire tour but also strains your relationship with the equipment lender, who is also put in a compromised position. I’m assuming they have a force majeure clause in their insurance contract that, hopefully, will cover at least part of the costs, but it’s still a fucky situation to find yourself in, and cancellations must have generated en enormous loss for the band (who believe it or not doesn't actually make millions of profit off touring, quite the opposite). From my experience I can say it's remarkable they were able to secure new equipment on such short notice and no more dates were affected. Things must have seemed dire in the heat of the moment, and I'm pretty sure Tobias was the most stressed man on the planet that day, so if he raised his voice, it was certainly warranted.

[pop-punklouis]

Why didn't Louis cancel? It was 100% up to Louis to say that his insurance company won't allow the show to proceed and thus trigger the force majeure clause of contracts with the venue, local promoters. He would have cancelled and would have been proven right. Now he is open to liability lawsuits as this is US! I mean it was really legally up to Louis to prevent injury to his fans.

the hail legitimately started 3 minutes after the announcement was made. hail and extreme weather no one expected to be as large and as menacing as it was. not sure where a cancellation during that time would’ve made any difference. but you weren’t there, obviously, so of course you know everything about the show and what should’ve been done in that time of chaos and panic 💋

[yesterdayiwrote]

so mercedes didn't officially block anything but stewards might have asked unofficially and merc might not have approved so we can say with 100% confidince that ferrari couldn't avoid penalty bc of merc lol what? no one is fan of merc but this rumor isn't even a rumor just fanfiction atp

Carlos has a penalty for 2 very specific reasons

The Race Organisers (F1) and the FIA failed to ensure the track was prepared to an acceptable standard before cars took to it

The FIA rulebook makes no exceptions or special dispensation for Force Majeur in situations like this

That is where the buck stops. The idea that the blame lies with Mercedes is entirely a distraction from who has actually fucked up here, and caused the situation to arise.

Are Mercedes potentially being dicks? Possibly, but they haven't caused Ferrari to get a penalty, they've essentially said 'Sorry to hear about your bad luck, but we're not going to sign off on you getting a lifeline'. Probably a bit unsportsmanlike, but given they're the only team directly in competition with them, probably unsurprising too.

And it shouldn't be up to the teams to sign off on band aid decisions to cover the FIA/F1's ass, especially not on the fly, because where do you draw the line? This is only a problem now because he's on his last engine, if it happened at the start of the season it wouldn't be an issue.

I suspect the FIA will now try and create a clause to make allowances for what happens should this arise again, but to create something watertight that isn't open to abuse is going to be easier said than done I would imagine.

[allthebrazilianpolitics]

Extreme climate events still not impacting Brazil concession contracts

The Brazilian government has announced initiatives to mitigate extreme climate events in various segments but the trend has not yet been seen when it comes to concessions and PPPs.

"I still don't see a material change in the terms and conditions of force majeure clauses or anything like that in the last six months or a year. The events in Rio Grande do Sul state, for example, have not generated changes in contract clauses in general so far," Pablo Sorj, a partner and lawyer specializing in infrastructure projects, M&As and project finance at law firm Mattos Filho told BNamericas.

In May, Rio Grande do Sul state suffered unprecedented flooding that lasted for weeks, affecting the state's infrastructure such as highways and the airport.

Since then, the Brazilian government has made a series of announcements showing concern about the effects of increasingly and persistent extreme climate events and is evaluating measures to mitigate such risks.

Continue reading.

[lemonhemlock]

The only super strong reason for Rhaenyra to have so much support among a patriarchal feudal society is if these houses take honor and their sworn oaths suuuuuuper seriously, which is why it made sense to me for the North to support her (I think this is also the primary reason cited in the show to support her). If they really don't want to be known as oathbreakers, then I guess it makes sense for them to back Rhaenyra instead in the name of honor. And as to why they supported her even when passing bastards as trueborn... Maybe they didn't know, or weren't strongly updated on it? A possible upside to Rhaenyra isolating herself and her family on Dragonstone is that it kept her Strong boys out of the public eye, so there was no new fuel for rumors. But maybe the houses were willing to let Rhaenyra take the throne therefore fulfilling their oaths, then criticize her for the issue of bastardy up until she names Aegon III her heir or gets overthrown anyways.

We're never going to know exactly if the lords were genuinely supportive of the Strong boys as heirs to the iron throne because of how things shook out, or what Rhaenyra could have done anyways. Maybe the show could expand and clarify it?

I mean, even so, it's shady as an explanation. The oaths were taken when Rhaenyra had no living brothers - they swore she was the heir in those specific conditions. When circumstances changed dramatically, the oaths could be called into question. Even current-day contracts have clauses that allow you to renege on your obligations and can be challenged (force majeure).

I'd also like to point out that in real-life Henry I also had his nobles swear oaths to Matilda twice, the second time not long before his own death, as it happens. Stephen himself had sworn, but that didn't stop him from declaring himself king and gaining support from the same oath-swearing nobles. So, I would say that, as much of a boner Starks have for vows, the legal obligation imposed by these oaths may be a little (a lot) exaggerated.

As for not knowing of her bastards, even Daemon knew in Pentos and he had never met them. Royal gossip of this nature can't not travel.

[buffyfan145]

Just saw some good news that's breaking on Twitter/X this morning about the strikes and apparently the studios contacted the actors union back on Friday to restart negotiations!!! :D It sounds like they're figuring out when exactly to meet again and possibly later this week. In the articles they're saying too they will with the writers after this, which fits all along with how I figured this would go as the studios will want the actors back first so they can do press again for the upcoming fall movies and get back to filming things already written.

But for some bad news tomorrow, August 1st, is rumored to be the "force majeure" day with the writers' overall TV development deals which like the last writers strike in 2007-08 will cancel those deals and everything those writers had in development. It will affect TV mostly instead of movies, but this means whatever shows the writers had in development are cancelled and scrapped. This normally doesn't affect currently airing shows so they should be fine but if they had spinoffs in development they might be scrapped. Also, high profile TV writers that are also directors like the Duffer Brothers, Shonda Rhimes, Greg Berlanti, and others seem to have had a clause in their contracts to prevent this so this wouldn't affect them. But again most figured this was coming, including me, as scrapping these projects saves the studios money and they'll probably say a new deal for the writers also cost these shows. However, some of these shows could come back after the strikes are over but they'll have to start over completely.

So we'll see what happens but does seem to be a sign of hope today for the actors.

[fellow-traveller]

tfw people get mad at hol horse for hitting on a 16 year old only to conveniently forgot pol did the same thing and worse 💀 at least hol didn't do anything inappropriate as far as we know

I often find this sort of argument funny in a way that...the ones who "advocate for the well-being of fictional minors" did not actually comprehend that the age of consent differs according to countries and time period.

As such, I don't want to pick sides because most people would project what they know about consenting age on a personal level to these fictional characters. But I can safely say this: Hol didn't specifically hit on Nena (at best, he only sweet-talks her because he's a manipulative coward...I sort of elaborated that one before), and Polnareff's actions on Nena is still kinda justified given that the highest age of consent for France is 15 (and is still is!).

For a quick reference, in 1980s, the age of consent for India (assuming it's where Nena was from) is 12. In the States (assuming it's where Hol Horse was from), it's ranged between 10-12, and in France it's 13. In general, Nena being 16 and pursuing/getting hit on by two men in their mid-20s, without indication of engagement in sexual activities (i.e. sexual penetration and the sort, the hardcore stuff, you get my point) is a normal occurrence at that time period and at such and such countries. Hence, it's...not weird or disgusting at the given place and time for such thing to occur, even in real life.

Age of consent in Japan was also 13 in 1980s, and only recently this year (2023) did the Japanese government raised it to 16. Which is still within the context of this writing.

The only country in the late 1980s that has a high age of consent (20 years old) is Chile. Others ranged from 7 to 15, with 7 being solely the state of Delaware, USA.

But yeah, I find some fans' argument about age of consent in JoJo, most notably between Nena and Hol Horse/Polnareff, and between Mountain Tim and Lucy, to be very weak. It didn't take me more than an hour to research on this topic, and I don't see why they couldn't either, before throwing baseless accusations to the fictional characters and fans of them.

Also, bonus info: The age of consent in Italy is 14 as of 2007, with 13 being the earliest age to engage in sexual activities with a partner 18 and under. So, ship away.

EDIT: I probably should also clarify that age of consent does not always equal to a green light for sex. For sex, it depends on the nature of the sex (is it dubcon? is it caused by force majeure?), religion and culture, and federal law (some law in some countries in combination with religion, culture and/or other clauses would limit the age for sex, alcohol and drugs to 18-21). Age of consent in general is limited to engaging in softcore things, like kissing, hugging, sweet-talks, what-have-you that doesn't necessarily involve the usage of genitals.

But if we are talking the 1980s specifically, in the context of these fictional characters and locations, a lot of the sexual consent didn't quite apply. In simple words, 16 is not considered a minor in India, USA and France in 1989, hence Nena, all things considered, was a young adult who can engage in sexual activities, should she consented to it.

[disputeattorneysinhanoi]

Contract Preparation in Vietnam

In Vietnam, certain type of contracts has to follow forms requested by laws as such client is recommended to seek help from professional contract dispute lawyers in Vietnam to help draft or review.

                              Contract negotiation law firm in Vietnam

Contract is an agreement enforced by law. In Vietnam, contract is a civil transaction which parties enter into voluntarily, each of whom intends to create, change, or terminate one or more rights or obligations between them according to Vietnam Civil Code. Contract plays an important roles in business transaction. Written contract provide individuals and businesses a legal document reflecting agreement, expectation and mechanism to resolve potential disagreement or disputes.

The English speaking lawyers in Vietnam drafting or reviewing contracts under Vietnam laws will need to initially review the legal resources in relevant to the transactions, research related documents and the parties involved to provide legal opinions, make suggestions and propose an optimal solution to the client for negotiation and contract finalization.

Basic terms and conditions of the contracts being rights and obligations of parties to the contracts, and other terms in regard to duration, quality, payment, dispute handling procedures, applicable law and/or jurisdiction, confidentiality, force majeure, intellectual property clauses…among others have to be carefully taken into considerations.

Further, a contract should ensure the following points to be covered:

-Use right legal terms or terminology;

-Foresee the future scenarios;

-Describe the specific matters;

-Clearly mention obligations;

-Obtain a balance between parties involved.

There are specific contracts in Vietnam for various transactions being:

-Joint venture contract;

-Share purchase contract;

-Sales contract;

-Business cooperation contract;

-Licensing contract;

-Investment contract;

-Labour contract;

-Lease contract;

-Distribution contract;

-Construction contract;

-Prenuptial agreement.

Each business transaction is different as such a contract is not a compilation of standard terms and conditions. Professional contract dispute lawyers in Vietnam would consider the purpose of the contract, transaction type, significance of the deal, industry, Vietnam legal requirements and expectation of the client to prepare a legally enforceable contract for the client, to avoid misunderstanding and protect the client against legal disputes.

ANT Lawyers – A reliable law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

Source ANTLawyers: https://antlawyers.vn/library/contract-preparation.html

[timesofinnovation]

The Indian Department of Telecommunications (DoT) has taken a significant step in modernizing the country's telecommunications infrastructure by announcing new right-of-way rules under the Telecommunications Act of 2023. This initiative aims to facilitate the installation of vital telecommunications infrastructure—such as mobile towers and small cells—on both public and private properties, ultimately enhancing connectivity across the nation. One of the central components of these new regulations is the empowerment of both central and state governments to govern temporary telecommunications installations. This authority is particularly crucial during emergencies and major public events, ensuring that communication systems remain operational when citizens need them most. For instance, during natural disasters or large gatherings, such as sports events or festivals, the requirement for swift installation of telecom infrastructure becomes paramount. The implementation of these rules allows for a more agile response to such situations. A notable feature of the new regulations is the introduction of a force majeure clause. This clause acknowledges the unpredictable challenges faced by telecom providers, including natural disasters or regulatory hurdles, and allows for extended application timelines under unforeseen circumstances. By offering this flexibility, the DoT addresses concerns from industry players about delays in project completions due to circumstances beyond their control. Additionally, the DoT has emphasized maintaining existing telecommunications networks and infrastructure. The regulatory framework includes specific permissions for the upkeep of telecom networks, highlighting the department's commitment to ensuring that current systems are reliable and easily accessible. This proactive approach is designed to foster greater consumer confidence in telecommunication services, thereby promoting a healthier user experience across the sector. In an effort to balance revenue generation with the promotion of infrastructure development, the DoT has also established a clear fee structure. This structure delineates fees for various application types, specifically for small cell installations and network examinations. By clarifying these financial obligations, the DoT fosters transparency and predictability for telecom operators, encouraging them to invest in expanding and enhancing their services. Several international case studies illuminate the potential impact of such regulations. For example, in the United States, regulatory frameworks that streamline the installation of telecommunications infrastructure have significantly advanced wireless communication, particularly in urban areas. These frameworks have facilitated the rapid deployment of 5G networks, resulting in improved connectivity and user experiences. Similarly, countries in Europe have also seen positive outcomes from adopting flexible right-of-way rules as part of their broader digital transformation strategies. Drawing inspiration from these global precedents, India’s new rules can serve as a catalyst for its digital economy. The ripple effect of better connectivity across various sectors—such as e-commerce, telemedicine, and education—can be monumental. Enhanced telecommunications infrastructure can pave the way for innovations that drive economic growth and improve quality of life for millions. Ultimately, the DoT’s new regulations represent a strategic effort to fortify India's telecommunications landscape. By enabling quicker response times during emergencies, promoting infrastructure maintenance, and streamlining regulatory procedures, the government is positioning the country for a more connected future. As the nation continues embracing digital transformation, these developments signal a commitment to ensuring that infrastructure keeps pace with the demands of a growing, tech-savvy population. In conclusion, as India navigates its path to becoming a

global digital leader, the newly unveiled right-of-way rules lay a crucial foundation for comprehensive telecommunications development. By focusing on maintenance, flexible regulations, and empowerment of government bodies, India is on its way to achieving greater connectivity and enhancing the overall quality of its telecommunications services.

[upscalelegal]

Exclusive Jurisdiction Clause In Contracts

The law relating to ‘Contracts’[1] in India is dealt under the Indian Contract Act, 1872. The Contracts/ Agreements can be with respect to  an individual working at an organization, a businessman involved across various trades or a professional in the financial and legal field. These Contracts provide us with an opportunity to secure rights and define responsibilities between parties which are legally enforceable by way of various terms and conditions. A well drafted Contract provides clarity along with freedom to the parties in mutually determining the terms and conditions of their relationship. These terms and conditions involve various aspects relating to the relationship between the parties and also include the future possibilities which may arise among the parties. Such terms and conditions of a Contract include but are not limited to the following clauses like; Title, Effective Date, Definitions, Obligation and Duties of the Parties, Consideration, Term of Contract, Termination, Representation and Warranties, Exclusivity, Indemnification, Mode of Payment, Governing Law, Dispute Resolution, Waiver, Non- compete, Assignment, Confidentiality, Force Majeure, Severability, Intellectual Property Rights, Amendments, Breach of Contract and Remedies, Jurisdiction, etc.

Breach of Contract

The effect of a breach of Contract and its remedies are laid down in the Contract itself, this helps the parties to take recourse to appropriate forums to get damages arising due to such breach of Contract or for the performance of the Contract. When a breach of Contract occurs due to disputes, the clauses; Governing Law, Dispute Resolution and Jurisdiction, provide clarity to the parties with regard to how to get remedies for such a breach. The parties entering into such Contracts can to a certain extent, mutually decide the most suitable forums to resolve the disputes. The parties can even choose to resolve the disputes either through Arbitration or through the civil courts. Every breach of Contract confers contractual obligation upon a party to make good of the other party with regard to such a breach. The parties enter into a Contract only to give effect to the purpose of such Contract and any breach will cause either parties to suffer losses on account of acts of the other party.

Exclusive Jurisdiction in Contracts

When the dispute resolution is to be done through litigation in the civil courts, the parties to a Contract can limit their legal proceedings to a specific court. This is done by including an “Exclusive Jurisdiction” clause in the Contract. A typical ‘exclusive jurisdiction’ clause in a Contract is worded in the following manner:

‘The Agreement shall be subject to jurisdiction of the courts at New Delhi.’

Such a clause is often misinterpreted to include all and any courts by the parties. But, in fact with accordance to the law, this is not the case. Section 9 of The Code of Civil Procedure, 1908 (“CPC”) states that, all courts shall have jurisdiction to try all suits of civil nature unless the jurisdiction is either expressly or impliedly barred. The CPC, through Section 20 lays down the various jurisdiction of the Courts where a suit can be instituted, such Courts, may be in the jurisdiction of the defendants’ resident or place of business or jurisdiction of the place where the cause of action wholly or partially arises.

With a view of convenience and minimizing legal costs for the parties, The Indian Contract Act gives an extent of liberty to the parties to limit the place of legal proceedings to one place and forum. This is done by expressly including a valid “Exclusive Jurisdiction” clause in the Contract.

Section 28 of the Indian Contract Act, makes agreements in restraint of legal proceedings void. The Section provides:

’(i) every agreement by which a party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights; or

(ii) which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to that extent, except those where parties agree to refer the disputes to Arbitration.

The Indian Contract Act and myriad precedents have established, it is not open to the parties through a Contract to confer jurisdiction on any Court which did not otherwise have such jurisdiction at all. It is clear through the provisions of the CPC and the Indian Contract Act that the parties are thus free to mutually limit the place of legal proceedings only to one such a place and forum which is legally within the jurisdiction to initiate such proceedings. With help of “Exclusive Jurisdiction” clause in a Contract, the parties can reduce the inconvenience of initiating legal proceedings at different places and thereby also minimize costs incurred in such proceedings. Such a clause in the Contract, has an effect of excluding the jurisdiction of another court which may otherwise have appropriate jurisdiction to initiate proceedings.

The parties by including such a clause in the contract clearly incorporate their clear and unambiguous intention that only a specific court alone shall have jurisdiction. Where the parties through a contract have specified jurisdiction at a particular place and such courts have valid jurisdiction to initiate the proceedings, then it can be understood that the parties truly intended to exclude the other courts. Hence, such a clause does not contradict with Section 28 of the Indian Contract Act and is neither forbidden by law or against public policy. The maxim ‘expressio unius est exclusio alterius’ – expression of one is the exclusion of another is to be applied with respect to “Exclusive Jurisdiction” clauses.

Judicial Precedents

The legality of an “Exclusive Jurisdiction” clause has been decided in several cases like Hakam Singh v. Gammon (India) Ltd.[2], where the Supreme Court was of the view that, whenever it has been specified in the contract that a particular court shall have jurisdiction, then, the other courts otherwise having a valid jurisdiction will not entertain such dispute proceedings and only the particular court as agreed by the parties shall try the proceedings.

M/S Swastik Gases Pvt. Ltd v. Indian Oil Corp.Ltd[3], where the Supreme Court has held the view that if a Contract specifies jurisdiction at a particular place which also has valid jurisdiction to institute the matter, then it is to be construed that the parties intentionally intended to exclude the other courts which might have a valid jurisdiction as well. Such a view has also been held in Shridhar Vyapar v. Gammon India[4] , where the Calcutta High Court is of the view that though an Exclusive Jurisdiction was present in the Contract, there were also different cause of action factors which justified the filing of proceedings elsewhere as well. The Court upheld the validity of such an Exclusive Jurisdiction clause which states that the intention of parties to exclude all other courts must be given primacy. The Court has also stressed on the fact that parties to the Contract need to have a mutual agreement or a meeting of the minds in selecting such place and conferring Exclusive Jurisdiction upon it.

The Supreme Court, in a recent case EXL Careers Ors v. Frankfinn Aviation Services Pvt. Ltd.[5], held that “it is no more res-integra that in a dispute between parties where two or more courts may have jurisdiction, it is always open for them by agreement to confer exclusive jurisdiction by consent on one of the two courts”. The clause in the agreement leaves no doubt that the parties clearly indicated that it was only a particular court which shall have Exclusive Jurisdiction with regard to any dispute concerning the agreement and no other court shall have the jurisdiction over the same.

Conclusion

The Courts through its various decisions, have indisputably established that  parties to a contract at their option can opt to include a an “Exclusive Jurisdiction” clause to limit the dispute proceedings to be initiated within the true and valid jurisdiction of one particular court, thereby excluding other courts which also might have such jurisdiction. The inclusion of such a clause does not impede upon any legal provisions, but in fact, provides an opportunity to the parties through a mutual agreement to select such a place which will provide them with convenience and affordability to initiate court proceedings. It is now advised by professionals to clearly include the “Exclusive Jurisdiction” clause while drafting Contracts between parties keeping in view the convenience of the parties.

[1] Section 2 (h), Indian Contract Act, 1872

[2] AIR 1971 SC 740

[3] (2013) 9 SCC 32

[4] GA 44 of 2018

[5] (2020) 12 SCC 667

[attorneyinthenetherlands]

Force Majeure Under Dutch Law

Force majeure under Dutch law, often referred to as "overmacht," means that a party cannot be held liable for failing to fulfill an obligation when an unforeseen event occurs beyond that party's control. According to Article 6:75 of the Dutch Civil Code, force majeure applies when the failure is not due to the debtor’s own fault or attributable risk by law, contract, or commercial practice.

The statutory provision in Article 6:75 DCC states that if a failure cannot be blamed on the debtor, either through their fault or any applicable law or legal standards, then it is considered force majeure. In such cases, the debtor is not responsible for any resulting damages if they can prove that the failure was beyond their control.

Contracts often contain force majeure clauses that can further define or modify the statutory definition. These clauses may specify which events are considered force majeure. It is crucial that these clauses are precisely formulated to avoid disputes.

In traffic situations, force majeure is narrowly defined. The Dutch Supreme Court has ruled that force majeure can apply when a driver cannot be blamed and when the fault caused by another party was so unlikely that it could not have been reasonably foreseen. This is particularly important in accidents involving children under 14, except in cases of intent or gross negligence.

What Exactly Is Force Majeure?

Force majeure in the Netherlands, known as "overmacht," is a legal concept that allows a party to escape liability if an unexpected event prevents them from fulfilling their contractual obligations. It’s more than a simple excuse—it must meet clear legal criteria. Think of it as a safety net for exceptional and unpredictable events that make it impossible to perform obligations.

According to Article 6:75 of the Dutch Civil Code, force majeure means that the non-performance is not attributable to the debtor’s fault, and the event itself was unavoidable and unexpected. Neither party could have reasonably predicted or prevented the occurrence.

When Can You Claim Force Majeure?

In Dutch contract law, a force majeure claim is only viable in specific circumstances:

Unpredictable circumstances: The event must be beyond the control of the parties, such as a natural disaster or government-imposed lockdown.

Impossibility of performance: The event must make fulfilling the contractual obligation impossible, not merely difficult or costly.

No fault of the debtor: The debtor must not be at fault for the situation, nor should they bear the risk according to the contract.

If these conditions are met, the non-performing party cannot be held liable for damages. The focus is on whether true impossibility exists, not just inconvenience or financial hardship.

Real-Life Examples of Force Majeure in the Netherlands

A notable recent example is the COVID-19 pandemic of 2020, which triggered numerous force majeure claims across the Netherlands. Many businesses faced closures, cancelled events, and broken supply chains. Dutch courts examined each situation to determine whether the pandemic rendered performance genuinely impossible. For instance, a company unable to deliver goods because of border closures could successfully claim force majeure.

Another example involves natural disasters. Suppose a river floods unexpectedly, halting a construction project—this scenario could qualify as a valid force majeure claim.

What Are the Consequences of Force Majeure Under Dutch Law?

Successfully invoking force majeure does not necessarily mean the end of a contract. Under Dutch law, force majeure can lead to different outcomes, including:

Temporary suspension: If the hindrance is temporary, performance obligations may be delayed without penalties.

Cancellation of obligations: If the contract cannot be fulfilled entirely, parties may be released from their obligations without liability.

No liability for damages: The party who failed to perform due to force majeure will generally not be liable for the damages caused by non-performance.

The effects of invoking force majeure depend largely on the wording of the contract itself. Contracts often contain specific clauses outlining which events qualify and what consequences follow. Clearly defining these terms in the contract is key to avoiding disagreements.

3 Tips for Drafting Contracts with Force Majeure Clauses Under Dutch Law

To effectively invoke force majeure in line with Section 6:75 of the Civil Code, it’s essential to carefully draft force majeure clauses. Here are three tips:

Be specific about events: Clearly list events that qualify as force majeure, making it easy for both parties to know what can be considered an excusable reason for non-performance.

Include general terms: After specifying certain events, add a catch-all term such as “any other unforeseeable circumstance beyond reasonable control.”

Define the outcomes: Specify what happens if force majeure is invoked. Will performance be delayed, or can one or both parties terminate the agreement?

How Dutch Courts Evaluate Force Majeure Claims

Dutch courts will scrutinize the language of the contract, the nature of the event, and the specific circumstances in evaluating a force majeure claim. They consider whether the event could have been foreseen and if the party took reasonable steps to reduce its impact. If performance could have been achieved through different means or extra effort, a force majeure claim may be rejected.

The party seeking to invoke force majeure bears the burden of proof. They must prove that the event was entirely outside of their control and made it impossible to meet their obligations.

Force Majeure vs. Hardship in Dutch Law

Force majeure is different from hardship (“onvoorziene omstandigheden”). Hardship applies when fulfilling contractual obligations remains possible, but has become excessively burdensome. Under Article 6:258 of the Dutch Civil Code, courts may amend the contract terms in case of hardship. However, proving hardship is more difficult as it requires demonstrating extreme changes in circumstances.

Final Thoughts on Force Majeure Under Dutch Law

Force majeure plays a crucial role in Dutch contract law, ensuring fairness when unforeseen events prevent a party from fulfilling their obligations. Given the potential impact, it’s essential for both parties to explicitly outline what qualifies as force majeure and the resulting consequences in their contracts.

If you are dealing with a force majeure situation, it’s vital to understand the relevant contract language and criteria under Dutch law. If you’re unsure, consulting a legal expert is wise. Remko Roosjn, an experienced Dutch contract lawyer, can provide valuable guidance in these complex situations.

Contact Our Dutch Contract Lawyers

If you need help with force majeure clauses or navigating the consequences, the team at MAAK Advocaten is ready to assist. We are committed to providing high-quality legal services tailored to your needs. Contact us via our website, by phone, or email.

Our approachable and experienced staff at MAAK Attorneys can schedule a meeting with one of our specialized lawyers in the Netherlands. Whether you need a Dutch litigation lawyer or a contract attorney in Amsterdam, we are here to help you navigate the complexities of the law and secure the best outcome.

Contact Details

Remko Roosjen | Attorney-at-law (‘advocaat’) +31 (0)20 – 210 31 38 remko.roosjen@maakadvocaten.nl

Disclaimer: This legal blog is intended for educational purposes only and should not be seen as specific legal advice. We strive to provide accurate and up-to-date information, but it may not be suitable for your particular situation. For personalized legal assistance, consult with a licensed attorney.

[thellawtoknow]

Understanding Car Leases from a Legal Perspective: What You Need to Know

1. What is a Car Lease? 2. Key Legal Elements of a Car Lease Agreementa. Identification of the Parties b. Vehicle Description c. Lease Term and Mileage Restrictions d. Payment Terms e. Insurance Requirements f. End-of-Lease Options 3. Consumer Protection Laws in Car Leasinga. The Federal Consumer Leasing Act (CLA)Key Provisions of the CLA: b. State-Specific LawsExamples of State-Specific Protections: c. Lemon Laws and LeasingHow Lemon Laws Protect Lessees: 4. Warranties and Maintenance ResponsibilitiesWarranties in Leasing Maintenance Responsibilities 5. Early Termination: Legal and Financial ImplicationsEarly Termination Penalties Force Majeure Clauses 6. Dispute Resolution MechanismsArbitration Clauses 7. Legal Consequences of Defaulting on a Lease 8. Lease Transfers: Legal Considerations 9. The Role of Legal Advice in Car Leasing Conclusion Understanding Car Leases from a Legal Perspective: What You Need to Know When it comes to a car lease, many individuals focus on factors like monthly payments, down payments, and mileage limits. However, from a legal perspective, the nuances of car leases go much deeper. Understanding the contractual obligations, liabilities, and legal rights associated with car leasing can protect consumers from unexpected pitfalls. This article explores car leasing through a legal lens, shedding light on key elements such as the lease agreement, consumer protections, warranties, and dispute resolution mechanisms.

1. What is a Car Lease? A car lease is a contract between a lessee (the person leasing the vehicle) and a lessor (usually a dealership or leasing company) that allows the lessee to use the vehicle for a fixed period in exchange for regular payments. Unlike buying a car, leasing does not involve ownership; the lessor retains ownership, and the lessee merely pays for the right to use the vehicle under specified conditions. 2. Key Legal Elements of a Car Lease Agreement At its core, a car lease is a legal document, and it is crucial for lessees to understand its components before signing. Here are the primary legal aspects typically included in a car lease agreement: a. Identification of the Parties The lease agreement should clearly identify the lessor and the lessee, ensuring both parties are aware of their roles and responsibilities. b. Vehicle Description The agreement must include a detailed description of the vehicle, including its make, model, VIN number, and any specific features. This ensures clarity in case of disputes or discrepancies about the vehicle. c. Lease Term and Mileage Restrictions The lease agreement specifies the term of the lease (usually 24 to 36 months) and outlines mileage limits. Exceeding mileage limits can result in significant penalties, which must be clearly stated in the agreement. d. Payment Terms The payment schedule, including monthly payments, down payments, taxes, and fees, must be clearly outlined. Additionally, the lessee must understand any fees related to early termination, late payments, or vehicle wear and tear. e. Insurance Requirements Most leases require the lessee to maintain specific levels of insurance coverage for the duration of the lease. Failing to meet these requirements can be a breach of contract, leading to penalties or even termination of the lease. f. End-of-Lease Options The agreement should detail what happens at the end of the lease, whether the lessee has the option to purchase the vehicle, return it, or lease another vehicle. Understanding these options upfront is essential for avoiding confusion or disputes later on. 3. Consumer Protection Laws in Car Leasing Car leasing is a common practice that allows consumers to drive vehicles without the long-term commitment of ownership. However, without proper regulation, leasing could easily become a minefield of hidden costs, deceptive terms, and unfair practices. To protect lessees, a variety of consumer protection laws have been enacted, ensuring transparency and fairness. These laws regulate the leasing process from the initial signing of the contract to the end-of-lease conditions, covering everything from warranties and maintenance responsibilities to early termination and dispute resolution. Below, we explore the key consumer protection laws and regulations that safeguard lessees. a. The Federal Consumer Leasing Act (CLA) The Consumer Leasing Act (CLA) is a federal law that aims to protect consumers entering into personal property leases, including car leases. Enacted as part of the Truth in Lending Act (TILA) in 1976, the CLA requires lessors to provide clear and standardized disclosures regarding the financial terms of the lease. Key Provisions of the CLA: - Disclosure Requirements: Lessors must provide a full disclosure of the terms of the lease agreement. This includes: - Total lease costs over the term. - Monthly payment amounts and due dates. - The residual value of the vehicle (the estimated value of the vehicle at the end of the lease). - Any upfront costs, such as security deposits, acquisition fees, or taxes. - Penalties for early termination or excess mileage. - Cost Transparency: The CLA is designed to prevent lessors from hiding fees or misleading consumers about the total cost of the lease. By ensuring full disclosure, it allows lessees to compare lease agreements and make informed financial decisions. - Prohibition of Deceptive Practices: The CLA prohibits lessors from engaging in deceptive practices or misrepresenting the terms of the lease. For instance, a lessor cannot advertise a vehicle with a low monthly payment without disclosing significant upfront costs. - Right to Early Termination: Although early termination of a lease often involves fees, the CLA requires lessors to disclose the formula used to calculate these fees upfront. This transparency allows lessees to understand their obligations should they choose to terminate the lease early. b. State-Specific Laws While the CLA sets federal standards for consumer protection in leasing, individual states have their own regulations, which may impose additional requirements or offer further protections. Examples of State-Specific Protections: - Disclosures and Penalties: Some states require even more detailed disclosures than those mandated by the CLA. For example, California's Vehicle Leasing Act requires that lessors disclose early termination penalties in more detail than federal law demands. - Insurance Requirements: State laws may also set minimum insurance coverage requirements for leased vehicles. Failure to meet these insurance requirements can result in a breach of contract and potential legal disputes between the lessor and lessee. - Lease Fee Calculation: States may have unique methods for calculating lease-related fees such as registration, taxes, or vehicle depreciation. Understanding these local laws is essential, especially if leasing in a state with specific regulations, such as New York, where taxes on leased vehicles differ from other jurisdictions. Lessees must be familiar with their state’s specific regulations to ensure they are fully protected under the law. Ignorance of state laws can lead to unintended financial consequences or legal issues. c. Lemon Laws and Leasing "Lemon laws" are consumer protection laws designed to protect buyers of new or used vehicles that turn out to be defective, often referred to as "lemons." These laws typically apply to vehicle sales, but in some states, they extend to leased vehicles as well. How Lemon Laws Protect Lessees: - Coverage of Defects: If a leased vehicle has significant, recurring defects that cannot be repaired after multiple attempts, lemon laws may allow the lessee to terminate the lease without penalty. In some cases, the lessee may also be entitled to a refund or replacement vehicle. - State-Specific Lemon Laws: The application of lemon laws to leased vehicles varies by state. For example, California's Song-Beverly Consumer Warranty Act covers leased vehicles, while other states may only apply lemon laws to purchased vehicles. Lessees must be aware of the specific lemon law protections in their state. - Defective Vehicle Remedies: If a leased vehicle qualifies as a lemon, the lessor or manufacturer may be required to provide remedies such as: - Refund of lease payments. - Termination of the lease without early termination fees. - A replacement vehicle under a new lease agreement. 4. Warranties and Maintenance Responsibilities When leasing a vehicle, it’s crucial to understand who is responsible for warranties and maintenance, as failing to meet these obligations can lead to legal and financial repercussions. Warranties in Leasing Leased vehicles often come with manufacturer warranties that cover repairs for a certain period or mileage. These warranties protect the lessee from having to pay for certain repairs that arise due to defects or normal wear and tear. However, not all aspects of vehicle maintenance are covered by the warranty. Maintenance Responsibilities - Lessee’s Responsibility: The lessee is usually responsible for routine maintenance, including oil changes, tire rotations, and brake checks. Failing to perform required maintenance can result in voiding the warranty or facing penalties at the end of the lease term for excessive wear and tear. - Lessor’s Responsibility: The lessor retains ownership of the vehicle and may cover certain repair costs if they are beyond the lessee's control (e.g., a manufacturer defect). To avoid legal disputes, lessees should ensure that maintenance schedules are followed and keep records of all maintenance and repair work performed during the lease term. 5. Early Termination: Legal and Financial Implications Terminating a car lease before the agreed-upon term can have significant financial and legal implications. However, some situations may allow for early termination with fewer penalties if the lease agreement includes special provisions. Early Termination Penalties - Outstanding Payments: Early termination typically requires the lessee to pay the remaining balance of the lease payments or a portion thereof, along with any fees for returning the vehicle early. - Wear and Tear: Additional fees may apply for excessive wear and tear, as well as any damage to the vehicle. Lessees should inspect the vehicle carefully before returning it to avoid surprise costs. Force Majeure Clauses Some lease agreements may include force majeure clauses, which allow for the modification or termination of the lease in extraordinary circumstances. These clauses could apply in situations such as: - Natural disasters (e.g., floods, hurricanes). - Pandemics that make it impossible for the lessee to continue using the vehicle. Lessees should review their lease agreements to see if such clauses are included, as they may offer legal protections during unforeseen events. 6. Dispute Resolution Mechanisms Disputes between lessors and lessees can arise over various issues, including vehicle condition, fees, and penalties. Many lease agreements include provisions for dispute resolution through arbitration or mediation, rather than litigation. Arbitration Clauses - Binding Arbitration: Many car leases include binding arbitration clauses, which require the lessee to resolve any disputes with the lessor outside of court. This can save time and money, but also limits the lessee's ability to pursue a lawsuit in court. - Mediation Options: In some cases, mediation may be used to resolve disputes. Mediation is a less formal process where a neutral third party helps the two sides reach an agreement. Understanding the dispute resolution process in the lease agreement is essential, as it may affect how lessees can address grievances with the lessor. In conclusion, consumer protection laws, from the federal CLA to state-specific regulations and lemon laws, ensure that lessees have the necessary rights and protections when entering into car lease agreements. However, understanding the full scope of these laws, including warranties, maintenance responsibilities, and dispute resolution mechanisms, is critical for avoiding legal pitfalls and navigating the complexities of car leasing. 7. Legal Consequences of Defaulting on a Lease Failing to make lease payments or adhere to the terms of the lease agreement can have serious legal repercussions. Defaulting on a lease can result in: - Repossession of the vehicle by the lessor - Negative impact on the lessee’s credit score - Legal action for unpaid balances or breach of contract Lessees should understand their rights and obligations under the lease to avoid these consequences and seek legal counsel if they anticipate difficulty meeting their obligations. 8. Lease Transfers: Legal Considerations Some leases allow for transfer to a third party, enabling the original lessee to exit the contract early. However, transferring a lease can be legally complex, as it requires approval from the lessor and often involves additional fees. Lessees considering a lease transfer should carefully review the terms of their lease and consult with an attorney if necessary. 9. The Role of Legal Advice in Car Leasing While many people successfully lease cars without legal assistance, consulting with an attorney can be beneficial, especially for those entering into high-value leases or facing unusual circumstances. An attorney can review the lease agreement to ensure it complies with state and federal laws, advise on negotiation strategies, and represent the lessee in case of disputes. Conclusion From a legal standpoint, car leases are more than just financial agreements; they involve complex legal obligations that can have lasting consequences. By understanding the legal elements of a car lease, including consumer protection laws, warranties, dispute resolution mechanisms, and the potential for early termination or default, lessees can protect themselves from unforeseen legal challenges. Always review lease agreements carefully, seek legal counsel when needed, and stay informed about your rights as a lessee to ensure a smooth and trouble-free leasing experience. By focusing on these critical aspects, lessees can make informed decisions and avoid potential legal pitfalls, ensuring that their leasing experience remains positive and financially sound. Read the full article

[realesatatedubai]

A Complete Guide to Safeguarding Your Investment When Buying Property in Dubai

When you decide to buy property in Dubai, especially off-plan, it's crucial to take several legal and financial precautions to protect your investment. Here’s a step-by-step guide to ensure a smooth and secure purchase of residential properties in Dubai:

1. Choose a Reputable Developer

- Check RERA Registration: Ensure that the developer is registered with Dubai’s Real Estate Regulatory Authority (RERA) to confirm legitimacy.

- Research Developer Track Record: Investigate the developer’s past projects and delivery records. Look out for any complaints or legal issues they may have faced.

2. Verify the Escrow Account

- Escrow Law (Law No. 8 of 2007): Developers are legally required to open a dedicated escrow account for each off-plan project.

- Verify Escrow Details: Always make sure that your payments are deposited directly into the developer's escrow account, which ensures funds are used solely for construction.

3. Review the Sales and Purchase Agreement (SPA)

- Contractual Clarity: The SPA should clearly define important details such as the project’s completion date, payment schedule, property specifications, and more.

- Seek Independent Legal Advice: It's highly recommended to have a real estate lawyer review the SPA to ensure the terms are in your favour and clearly understood.

4. Check RERA Approvals

- Verify Project Registration: Ensure the off-plan project is registered with RERA, and that the developer has obtained the necessary approvals.

- Check the Completion Date: Confirm the project’s official completion date on RERA’s website for added transparency.

5. Align Payment Schedule with Completion Milestones

- Tied to Construction Progress: Make sure your payment plan is linked to construction milestones verified by an independent consultant. This reduces the risk of paying for unfinished work.

6. Review Force Majeure Clauses

- Fair Terms: Carefully review the contract’s "force majeure" clause. Make sure it doesn’t give the developer too much leeway in delaying the handover without repercussions.

7. Verify Title Deed Registration

- Ensure Proper Registration: Upon completion and handover, ensure the title deed for your residential property is registered in your name with the Dubai Land Department (DLD).

8. Completion and Handover Process

- Snagging and Inspection: Before accepting the handover, conduct a snagging inspection to ensure any defects are addressed by the developer.

- Completion Certificate: Confirm that the project has received a completion certificate from the relevant authorities before finalizing the handover.

9. Know the Developer’s Remedies for Delays

- Delay Compensation: Your SPA should clearly outline your rights to compensation or penalties in case of delayed handover.

- Exit Clauses: Review the contract carefully for exit clauses that allow you to withdraw from the deal if delays extend beyond a certain period.

10. Get Legal Assistance

- Hire a Real Estate Specialist: Engaging a real estate lawyer can be invaluable, especially when reviewing legal documents and ensuring regulatory compliance.

11. Verify Service Charges

- Review Service Charges: Check the SPA for estimates of service charges or maintenance fees after completion. Make sure they are reasonable to avoid unpleasant surprises.    

12. Understand the Cooling-Off Period

- Cooling-Off Option: Verify if the contract includes a cooling-off period, allowing you to exit the agreement with minimal penalties within a specified time after signing the SPA.

For a hassle-free experience when buying residential properties in Dubai, Inchbrick Realty is here to guide you every step of the way. From ensuring compliance with all legal requirements to securing your investment, our experts provide the support you need.

Contact Inchbrick Realty Today for Expert Guidance on Buying Property in Dubai.