How likely am I to receive compensation? (UK) I recently bought my first property which is meant to be an exciting time until I realised the property has a broken boiler meaning I have no hot water or central heating. Now prior to exchange of contracts I was given a document titled 'Law Society Property Information Form' which was filled in by the seller. Under the section 'Instructions to the seller' it reads: 'It is very important that your answers are accurate. If you give incorrect or incomplete information to the buyer, the buyer may make a claim for compensation from you or refuse to complete the purchase' Under section 12.3 Central Heating the seller has supplied the following answers (in bold): 12.3 Does the property have a central heating system? Yes If Yes: (a) What type of system is it? Mains Gas (b) When was the heating system installed? Not known (c) Is the heating system in good working order? Yes (d) In what year was the heating system last serviced/maintained? Not known My solicitor is telling me I have to go through the small claims court which will come at a cost. What chance do I have at getting compensation?
This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is owed to you. Step 1: Get the boiler repaired or replaced as necessary. Keep the receipts. Don't be tempted to get an upgrade or anything else to push expenses that are legitimately yours on to the other party; find out what the cheapest thing is that you can reasonably do to fix the problem and then do that. Step 2: Write a letter to the seller in which you set out the facts of the case and demand the cost of the repairs. Also include any other expenses you have had to incur, like money for your time off work while the repair is done. End it with "If you do not agree to pay this money within one month then I will take action in the county court to recover the money". Send it by recorded delivery and include a copy of the repair receipt (NOT the original). Step 3: If you do not get your money then go here and follow the instructions. You have to pay an up-front fee to the court which gets added on to the amount you are claiming. That is the only money you are putting at risk if you lose. The whole thing is as informal and straightforward as possible, and is purposely designed so that you don't need a lawyer, nor can you or the other side claim for the cost of a lawyer if you win. This is why your lawyer is pushing you to do this by yourself: he knows that his fees would be out of proportion to the amount in question, and you wouldn't be able to get that money back even if you won. The only other wrinkle is if the other party has moved far away: in general if a hearing is needed then it will be held near them rather than near you, so you might have to travel.
It says it's an "MP4 player" but it doesn't play MP4s. This seems rather straightforward to me---assuming it really doesn't play any kind of MP4 at all. I would agree you could go back to the shop armed with the appropriate wording from the SoG Act and state your case to the manager. If the front desk staff are unhelpful don't argue with them but rather ask to speak to the duty manager. No doubt the staff will talk about their thirty day return policy, but you are not interested in this; since you are relying on your statutory rights. If that is not successful, write directly to the head office. Keep your letter short, neutral and with no emotion whatsoever. Describe the facts, include proof of purchase, and request your money back. Argos is a large shop, they will pay you off ("as a gesture of good will") rather than fight a pointless claim in the SCC. However taking an action to the SCC is not necessarily free so you might yourselves not feel it worth it.
No Let's consider a similar scenario. If you made a beverage which poisoned a number of people, would you be absolved of liability because you gave it away for free? Of course not. As there is no contract between you, they would have to bring an action against you in the tort of negligence or negligent misstatement OR under consumer protection law. To succeed at tort they would need to prove that you owed them a duty of care; from Donoghue v Stevenson "You must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likely to injure ... persons who are so closely and directly affected by my act that I ought reasonably have them in contemplation ...". Most cases will founder on your inability to foresee the use to which your software may be put. Consumer law is jurisdiction specific but they generally contain warranties that what you provide (gratis or otherwise) is fit for purpose, merchantable and that you do not make false and misleading statements. There is a chance that a case brought under this sort of law could succeed as you have not limited the purpose, specifically declared that it is not of merchantable quality and have (presumable) said what it does so that, if it doesn't do what you said, you have been misleading and deceptive.
Check your local law. In Washington, the chapter RCW 63.21 says what you are supposed to do. The first part of the law has apparently been satisfieds: Any person who finds property that is not unlawful to possess, the owner of which is unknown, and who wishes to claim the found property Then you need to get a signed appraisal stating current market value from a qualified person engaged in buying or selling the items, or by a district court judge (I have no idea where district court judges get their qualifications to appraise bricks), then within 7 days, report this to the cief LEO where the stuff was found (and surrender it, if requested). You also have to serve written notice upon that officer stating your to claim the property. The burden now shifts to the government, which must publish notices in a local newspaper at least weakly, for 2 weeks. The notice might be publishable in a no-cost venue, in case the publication cost is greater than the value of the stuff. If the owner appears and establishes ownership, that's the end of the finder's potential interest. If the owner does not show up, the property will be released to the finder once he has paid the government's publishing expenses plus $10, but if the goods are appraised at less than publishing cost, there is no fee. As a finder, you have 30 days after that 60 days to pay required costs, otherwise it goes to the government. There are some exceptions, things not subject to finders-keepers (crab pots, secured vessels, motor vehicles, unclaimed property in the hands of a bailee). If you do not comply with these requirements, you forfeit any right to the property and you are liable to the property owner for the value of the bricks. Under the definition of theft, you have a defense that The property or service was appropriated openly and avowedly under a claim of title made in good faith, even though the claim be untenable since you presumably intend to claim ownership of the bricks under the lost property statute.
There don't appear to be any Santa Clara-specific laws on the matter, so California law (including this) would govern this situation. A landlord generally has an obligation to maintain the premise in habitable condition (can't stick you with the bill for repairing the water main), and has to fulfill the obligations of the lease (if the lease says that a working washing machine is part of the premise, the landlord has to fix it if it breaks). An AC is not part of what makes a unit &quot;habitable&quot; in the legal sense. You should have to scrutinize exactly what the lease says about the AC, but saying that it is provided &quot;as is&quot; indicates that the landlord is disclaiming any obligation to fix it if it breaks. You are allowed to use it, but if it breaks, he won't fix it. The fact that he has no obligation to fix it does not relieve you of your duty to care for his property (irrespective of the fact that it was abandoned by a prior tenant – there's a notification procedure regarding abandoned real property, which I assume the landlord followed so it is his AC). Your obligation to compensate the landlord for damaging his property is not triggered by his legal obligation to maintain the property, it is triggered by the fact that it is his property. So you are legally on the hook: under §1929, &quot;The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care&quot;. However, the size of the hook is not clear: the cost of replacement or repair could be vastly higher than the actual value of the unit. There is a legal concept of &quot;unjust enrichment&quot; that could be applicable, if the landlord plans to bill you $500 for a new AC which he got for free, but you'd probably need to hire a lawyer to make a solid legal argument in court.
If you were given a non compliant notice, you haven’t been given notice You can stay as long as you like or for 4 months after they give you the correct notice. The landlord’s legal obligation was to give you 4 months notice: not his agent, or the Queen, or some guy he was chatting with at the pub. Whether that causes other people with other contracts problems is a matter for them to work out, it’s none of your business. However, … The management agency is the landlord’s agent. That means, as far as you are concerned there is no legal difference between what they do and what the landlord does. If either of them had given you a valid notice, it is as though the landlord had done so. However, if the landlord says something to the agent, from your point of view, the landlord is talking to themselves. If the landlord has sold the property, it comes with any existing leases. If the landlord has promised vacant possession and can’t deliver it, then they have broken the contract with the buyer and the buyers can sue your landlord for damages or possibly terminate the contract or both. If that happens, and it was a result of the agent’s negligence, the landlord can sue the agent.
Is this legal? Yes Or does it mean that employee will be in breach of his/her contract? Yes You are assuming that if the evidence is allowed to be presented then that automatically means that keeping it for that purpose is not a breach of the contract. This is not necessarily so; it can be both at the same time. That said, it is unlikely that an employer would attempt to sanction an employee for this as the courts would (rightly) see it as an attempt to pervert the course of justice. As in most things in the law it is possible for all parties in a matter to be on the wrong side of it. If you want to come to the tribunal with "clean hands" then the best thing to do is make a record (not a copy) of the relevant documents and return then to the employer. Before going to the tribunal get your solicitor to subpoena the documents that you want - they will have to produce them and you have them without breaking your contract.
Very simply, they aren't selling genuine titles. There are two limited exceptions: Note that there is considerable difference between Scottish and English law in this area. You cannot purchase a genuine British title, with one exception, the feudal title of a Scottish baron; and certainly cannot buy a peerage title. Scottish Feudal Baronies fetch a mighty price; the Barony of MacDonald was up for sale at over £1 million. Richard, 7th Earl of Bradford, at http://www.faketitles.com/ For Scottish feudal baronies, For centuries baronies conferred important commercial benefits and legal privileges, but they are now personal titles with no powers or responsibilities. Holders are able to sell, gift or bequeath them, as ‘incorporeal’ property separate from the ownership of land, and there is a small but active market for them. https://www.lindsays.co.uk/services/for-you-and-your-family/scottish-barony-titles We generally estimate legal fees between £2,000 -£3,000 for the acquisition of a barony and £3,000 -£4,000 for an earldom. The barony itself will cost in the region of £75,000 or more in the case ofalordship, earldomor marquisate. https://www.lindsays.co.uk/assets/downloads/Buying-a-Scottish-Barony-Title.pdf In England, it is possible you can purchase a Lordship of the Manor, which does not give you a title, but enables you to put after your name, Lord of the Manor of Lower Piddling-in-the-Trough or some such place. Richard, 7th Earl of Bradford, at http://www.faketitles.com/ When I acquire a barony title what will my name be? Let us assume that your name is John Smith and that you have acquired the Barony of Strathglen. You can then style yourself John Smith, Baron of Strathglen. But note, neither Baron Strathglen nor Baron Smith of Strathglen because both of these would indicate a peerage title and barony titles are feudal titles. https://baronytitles.com/frequently-asked-questions/