Contracts & Agreements
Void, Voidable and Unenforceable Are Not Three Words for the Same Thing
The three terms describe genuinely different situations, and the difference decides what a court can put right afterwards.
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Contracts & Agreements
The three terms describe genuinely different situations, and the difference decides what a court can put right afterwards.
Contracts & Agreements
A contract can fix in advance what a breach will cost. Whether that figure survives depends on what it was trying to do.
Consumer Rights
Digital purchases use the language of ownership while delivering something closer to permission, and the difference surfaces at…
Consumer Rights
The same defect can be easy or hard to claim for depending on when it showed up, and the reason is about proof rather than fairness.
Consumer Rights
Most consumer disputes are decided by whoever documented the problem more clearly, long before anyone considers a court.
Consumer Rights
The right to change your mind is not a general feature of buying things. It is a targeted response to particular selling situations.
Consumer Rights
A mispriced item feels like a promise broken. Contract formation rules usually explain why the shop takes a different view.
Property & Tenancy
The phrase appears in most tenancy agreements and is routinely misread. It describes the tenant's right to possess the property…
Property & Tenancy
Owning a building and having the right to walk into it are different things once the property has been let to somebody.
Work & Employment
A notice period is a purchased transition, and both employer and employee are paying for something specific during it.
Work & Employment
Employers can be right about the facts and still lose, because in many systems the fairness of the process is assessed separately…
Work & Employment
Probation is a contractual arrangement rather than a period outside the law, and a good deal of protection continues to apply…
Work & Employment
Leaving voluntarily does not always end the matter, because some systems treat a resignation forced by the employer's conduct as a…
Family Matters
A will directs what happens to some of what you own, and a surprising amount of property is decided by other mechanisms entirely.
Family Matters
Agreeing to act as an executor sounds like an honour and is in fact a demanding administrative role with real responsibilities…
Family Matters
The formal process after a death exists to give somebody provable authority to deal with property that no longer has a living owner.
Family Matters
Giving property away before death is a common plan, and several legal mechanisms mean the gift may still be looked at once the…
Family Matters
Long cohabitation is widely believed to create marriage-like rights, and in a great many jurisdictions it creates almost none at…
Family Matters
Pre-nuptial and similar agreements try to settle in advance what would otherwise be decided during a difficult separation, with…
Courts & Process
Time limits on bringing claims look arbitrary until you consider what happens to evidence and to people's lives while a claim sits…
Courts & Process
The words appear at the top of settlement letters for a specific structural reason that has nothing to do with sounding formal.
Courts & Process
Sending a formal letter before starting proceedings is expected in many systems, and it serves purposes beyond simple courtesy.
Courts & Process
Civil procedure in many systems requires parties to produce relevant documents including the unhelpful ones, and the reason is…
Courts & Process
The money spent reaching a judgment can exceed what the judgment delivers, and the rules on who pays vary enormously between…
Courts & Process
Systems designed for modest disputes strip out procedure on purpose, because the full apparatus would cost more than the claim is…
Courts & Process
Courts have become steadily more sceptical about recollection, and the reasons come from research rather than from any suspicion of…
Courts & Process
Appeal systems exist to correct particular kinds of error, not to give a dissatisfied party a second attempt at the same argument.
Contracts & Agreements
Not every broken promise lets you walk away. Legal systems sort contract terms by seriousness, and that sorting decides whether you…
Consumer Rights
One number is a considered guess and the other is a commitment. Confusing them is behind a large share of arguments about the final…
Consumer Rights
The method of payment sometimes adds a second party who can be pursued. That extra route is one of the least understood parts of…
Consumer Rights
Prepaid value looks like money and behaves like a contract. The difference becomes obvious the moment a retailer changes its terms…
Property & Tenancy
Rent does not rise because a landlord decides it should. Something in the agreement or the local law has to permit it, and that…
Property & Tenancy
A guarantor takes on an obligation that is not theirs, for a property they may never enter. The exposure usually lasts longer than…
Property & Tenancy
A recurring bill for a building you partly own raises an obvious question. The answer lies in the lease, and the lease is usually…
Property & Tenancy
A right of way, a drain crossing a neighbour's garden, a shared drive. These attach to the land rather than to the person, and they…
Property & Tenancy
An inspection before purchase is not a guarantee about the building. Understanding the boundaries of what was examined explains…
Work & Employment
Paid leave builds up as work is done, which explains almost every argument about it. The mechanics are more mathematical than most…
Work & Employment
Variable pay sits in a strange position between gift and entitlement. Where a particular scheme sits depends on wording, on…
Family Matters
Disappointment is not a ground. Challenges succeed only through defined routes, and each of them asks about the making of the…
Family Matters
Obligations survive the person who took them on, and they are met from what was left behind before anyone inherits anything.
Family Matters
Ending a marriage and dividing what a couple built are different processes with different rules. Conflating them is behind a great…
Family Matters
Disputes between adults usually ask who is entitled to what. Decisions about children ask something else entirely, and that shift…
Family Matters
Documents recording future wishes about treatment exist in many countries, and they operate under narrower rules than most people…
Family Matters
Capacity is not a switch that is on or off for a whole person. Legal systems that get this right assess it against the specific…
Courts & Process
Before anyone argues about the merits, two prior questions arise. Where the dispute can be brought, and which system's rules will…
Courts & Process
An expert is paid by one side and owes their primary duty to the court. That tension explains most of the rules surrounding their…
Courts & Process
People appear without lawyers in large numbers, usually because of cost. Courts make some allowance for that and cannot make nearly…
Courts & Process
Sometimes the party being sued has a claim of their own. Whether that claim reduces the debt, or stands as a separate case, is a…