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Contracts are a common part of most business dealings, but what happens when formerly agreed upon terms are contested by one or more parties? In a truly stunning statistic, up to 33% of plaintiffs lose their litigation cases in court, including many cases held in the Gainesville area. That’s why securing experienced contract litigation lawyers in Gainesville is crucial to getting contested contracts honored by those involved.
Common Reasons for Contract Disputes
Because contracts are used in just about every facet of business, reasons for disputes can be far-reaching. The following are just a few of the more common reasons why enlisting contract litigation lawyers in Gainesville may prove necessary:
Confusing Language Within a Contract – Contract terms can often be quite complex, which then leads to disputes over the exact terms. It’s important that contract language is well understood by all parties before a contract is signed. This can prevent disputes from occurring after the fact.
Willful Breach of Contract – In some cases, one or more parties may choose to breach a contract by not living up to the terms set forth. If this occurs, finding good contract litigation lawyers in Gainesville should be your first step to rectifying the issue.
Disagreement Over the Terms of a Contract – Contract terms can sometimes be interpreted differently by the parties involved. These disagreements can lead to parties refusing to honor the contract, which can then lead to things such as loss of revenue or failure to operate.
The Next Step Is Mediation
No matter the reason, contract disputes can put a hold on business dealings until the issue is resolved. In some cases, the disputed contract will then move onto mediation, which is the process of determining the outcome of disputes outside of a court setting.
During mediation, a third party looks over the evidence and then negotiates a settlement that both parties can live with. While mediation can be successful in many cases, the need for reputable counsel may become apparent if one or more parties are unwilling to accept the terms of the settlement set forth by the mediator.
When All Else Fails
If mediation proves to be unsuccessful, the next step is filing a lawsuit. This is where contract litigation lawyers in Gainesville come into play. With the right team of lawyers, those involved in contract disputes can rest assured that their best interests will be at the forefront of the court proceedings at all time. This can often make the difference between a reasonable settlement and being forced to accept terms that can be damaging to both one’s business and assets.
Under section 1501 of the Thai Commercial and Civil Code a marriage in Thailand can be terminated by one of three different methods.
1. Death of a spouse
2. Cancellation by Court
The death of one of spouse is easy to understand.
2. Cancellation By Court
Approaching the Court in Thailand to cancel a marriage is not frequently brought into being. It is only in special cases with extremely good reason that the Court can be approached to cancel a marriage. This is eligible in circumstances where the plaintiff becomes aware of facts or factors relating to the marriage or the defendant that he or she was not aware of before the marriage. The facts or factors need to be of such nature that the plaintive would not get married if he or she were aware of these particulars before the marriage.
When the Court cancel a marriage it is not regarded as a divorce and it is considered that the marriage never took place.
According to Thai Law, there is no differentiation between Thai nationals and foreign persons. Not considering a persons nationality, under Thailand Law, all inhabitants are acted towards in the same way.
Two forms of divorce can be obtained in Thailand:
1. Contested divorce
2. Uncontested divorce
A contested divorce can be requested by one of the parties for one or more of the following reasons that you will found under section 1516 of the Thai Commercial and Civil Code:
A different female is awarded status and is maintained as the wife of the husband and/or adultery is committed by one spouse
One of the two parties to the marriage has committed a crime and is found guilty or other form of misconduct.
One of the two parties have caused severe mental, emotional and or physical injury to the other party or have severely affronted the other party and or one or more of this parties family.
One of the parties to the marriage has forsaken his marriage party for a period that exceed one year.
One of the parties to the marriage has been sentenced to a prison term by Court and has been in prison for longer than a 12 month period, provided that the plaintive is not guilty of any involvement, approval or aware of the crime or misconduct of the defendant. Moreover that should the parties remain married and live together the plaintive will suffer undue harm or tribulation
Both parties, out of own accord does not live together any more for a period longer than 3 consecutive years.
One of the parties to the marriage are believed to gone astray, and or left the mutual residence for longer than three years. In addition it is not ascertainable if the person is still alive.
Be deficient in maintaining a marriage.
One of the parties has been declared to be in poor mental health for more than three consecutive years with no prospect of recovery.
One of the parties has failed to remain committed to the bond of good behavior.
One of the parties is be diagnosed with a transmissible and contagious hazardous illness which is not curable and that can result in harm to the other party.
One of the parties are affected by a physical impairment to such an effect that it is not possible to enduringly live together as husband and wife.
The Procedure for a contested Divorce:
1. A petition must be filed at the Court
2. Where claims of monetary compensation are applicable (like getting back 50% of the “common” or “marital property” called “Sin Somros” in Thai) a deposit of 2% of the value of the claim must be paid to the Court.
3. If the ruling is made in your favor, judgment can be made that the other party must pay back the deposit.
4. In the event where children were born out of the marriage, you will first have to go trough juvenile division proceedings that will provide the court with a report in this regard.
5. When parties can not agree during the negotiation session in Court, a trial date will be set.
6. The burden of proof is on the plaintiff and the plaintiff must be present during proceedings. Should the defendant do not attend, only the evidence presented by the plaintiff will be taking into consideration.
7. This process can take between 3 to 12 months in normal circumstances. That doesnt include appeals.
There are 3 main tasks that the Court will:
A) Verify is there is enough evidence about the ground. If not, the Court wont grant a divorce and it will stop.
B) If there is enough evidence to divorce, the Court will decide about the children of the couple. If there arent any children, then it goes to next step. The Court will rule according to the best interest of the children.
C) The Court will separate the common property between spouses in 50-50%. In cases where adultery is the ground, a Thai court can also allows damages to be paid if damages are claimed to the Court.
IMMIGRATION SOLUTIONS is a specialized firm which provides high quality, legal immigration assistance Immigration Consultants Visa Consultants Australian migration agents in Mumbai to people seeking better lives and careers abroad. Since our inception in 2006, the emphasis has been on providing correct, ethical and highly customized services to every single client.
We are MARA Registered Agent Mumbai migration visa specialists. We can assist you with work permits, skilled migration, business migration and family based visas. We also help with extending your stay on your present visa, converting your visa to permanent residence and citizenship. Were legally qualified and also assist with appeals and reviews. Immigration Consultants in Mumbai, India provides Immigration Migration Visa Consultants assistance to people MARA Registered Agent in India
Our Sr. Consultant Mr. Amyn A. Patel is one of the few MARA Registered Migration Agents in India . His Migration Agents Registration Number (MARN) is 1170267.
In Australia it is illegal for anyone to provide immigration assistance or advice if they are not registered. A Registered Migration Agent (RMA) is someone who is registered with the Migration Agents Registration Authority (MARA). In order to be registered with the MARA a migration agent must meet several requirements. Some of these are:
Migration law qualifications to be able to interpret migration laws for clients – Mr. Patel has a Post Graduate qualification in Australian Migration Law and Practice
Maintain access to Australian Migration Laws and Policy We maintain access to a state of the art electronic legal resources to keep up with changing legislation
Meet character requirements The MARA undertakes a character check to ensure that the agent is a person of integrity and good character
Abide by MARAs code of conduct We act in accordance with the code of conduct and work in the best legal interests of every client. We are fair and honest in our dealings and protect the confidentiality of our clients. We also keep all advance fees paid by clients in a separate account.
Maintain Professional Indemnity Insurance
The Australian Immigration Department (DIAC) recommends that if you use the services of an immigration consultant or agent you should only choose a MARA Registered Agent in India. Clients of unregistered agents are at a high risk of being given misleading and incorrect advice. Engaging Immigration Solutions as your Australian migration agents in Mumbai & Pune gives you the assurance and peace of mind knowing that your visa application is being handled by qualified and experienced professionals. Why risk your application and career with unregistered agents knowing that you have a much better option?
Cannabis is the most commonly used illegal drug in the world. Despite its current legal status it only became criminalised within the last century, before which it was both a regularly used recreational drug as well as a medically prescribed drug for dealing with a wide range of ailments from glaucoma to cancer and multiple sclerosis. So if merely a century ago Marijuana was a widely used and medically acknowledged drug how did it manage to reach the criminalised status that it now holds?
In America the criminalisation of cannabis began as a relatively slow and understated process with certain states outlawing its use starting in the District of Columbia in 1906. A couple of states followed this example and outlawed the use of cannabis throughout the 1910s and 20s but it wasn’t until the 1930’s that the criminalization of cannabis became a major issue.
The reason that cannabis became such a huge issue was the launch of a massive smear campaign against marijuana lead by Harry J Anslinger from 1930 to 1937. Harry J Anslinger started his career as the Assistant Prohibition Commissioner in the Bureau of Prohibition before he was promoted to the position of Commissioner in the newly created Federal Bureau of Narcotics in 1930. Anslinger held this position for 32 years, but it is his campaign against marijuana, which dominated the first 7 years of his tenure, that he is most widely remembered for.
Anslinger made heavy use of the mass media in order to spread his anti-cannabis message. Anslinger notoriously fabricated a number of stories tenuously linked to police reports that he published in his “Gore File” and used to turn the public against the drug and gain backing for its criminalisation. Among the accusations he levied were “There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.”; “Reefer makes darkies think they’re as good as white men.”; “You smoke a joint and you’re likely to kill your brother.” These accusations were designed to pray on the worries that many American’s had about the number of immigrants entering the country.
A more interesting point relating to this is that Anslinger wanted the growth of all marijuana plants outlawed; including those that yield no intoxicating chemicals and can only be used to produce the extremely versatile textile hemp and cannabis oil which can form a cheap and effective base for fuels, paints and plastics. Anslinger and his primary supporter, William Randolph Hearst, both had considerable interest in the petrochemical industry and it has been suggested that the anti-cannabis campaign was primarily designed to eliminate hemp as a competitor.
No matter the reasons it is clear that Harry J Anslinger and his anti-cannabis activism played an enormous role in the national criminalisation of the drug, something which is still strongly debated to this day.