Global Law Guide

When negotiating on equipment leasing contracts, small business and corporate accounts should review all the legal terms in order to avoid the top mistakes associated with leasing equipment. These rules are applicable in multiple areas of equipment leasing from educational, computer and engineering equipment leases.

Mistakes to Be Avoided in Contracts

One of the primary mistakes made when negotiating their lease is the use of a very short contract. The short contract text may not address issues involving problems with software in computer leases or litigation issues such as employee piracy. Other issues that are not addressed in many short contracts include:

Software transaction agreements
Troubleshooting Support Issues
Clauses handling providers going out of business

Its important to make sure that all parties have their expectations clearly outlined in the contract. The contract helps avoid mistakes in leasing equipment by detailing the obligations of both parties. Contracts that possess clarity and completeness are important and the shorter the contract, the more likely there will be legal risks and ramifications for the company leasing the equipment.

Performance Details

The contract should detail the performance of the equipment. If someone is leasing a computer system, a server or a backhoe, they need to know that it will handle the load they are preparing to deliver to it. The performance details are an area where equipment can fail in leasing if they are not clearly stated. Its important to make sure that both parties have those issues clarified before closing on any contracts or deals regarding performance issues.

Structure Defects

Structuring agreements is key to understanding where responsibility lies. An equipment leasing agreement needs to stipulate the structure of the deal. In other words, the salesman is unlikely be the primary contact for system defects. The primary contact may be the manager in charge of that account, but they will likely only handle negotiation issues. Customer support issues may be directed elsewhere. That structure and allocation of responsibility must be clearly spelled out in the contract.

Equipment Hardware Leasing Specialties

When leasing computer equipment, there are often software leases that are required. Its important to coordinate the duration of the software leases to be comparable with the duration of the equipment lease. Its important to ensure the compatibility of all leased equipment with other equipment from different vendors. Its also important to make sure that a projects start and completion dates are commiserate with the equipment lease. Balancing the needs of the developers with the equipment support is a difficult thing to assess, but its important to make sure that the leases support the needs of the company small or large.

Solicitors Not Welcome

Solicitors (lawyers) are often not consulted during the initial drafting of equipment leasing. This is a mistake, especially for small businesses that do not possess an in house legal team. Lawyers can help smooth the transaction and avoid loopholes that might cause legal problems for both parties during an equipment lease. However, when utilizing a lawyer, its important to find one experienced in lease transactions.

The Results versus The Resources

Be sure to clearly define the need for the equipment lease. Most leasing companies see themselves as providing resources. Companies large and small are not looking for a resource as much as they are looking for a result. Its the end of the line result they are seeking most of all.

Communication

Clear communication is important from the get go. When negotiating for an equipment lease, be sure to have all questions answered prior to agreeing. Companies make a mistake in leasing equipment from a vendor if they have trouble getting them on the phone or returning calls. Those issues can lead to service problems in the future.

Be Realistic In Expectations

Client companies must be realistic about what they are expecting. Vendors will usually negotiate and do their best to fill customer requirements, however the client company must also keep in mind industry standards and limitations. While technology continues to grow, its important to realize that not every goal has been achieved as yet.

Short Term Versus Long Term

The final and most important mistake made in equipment leasing is considering a contract as something that needs to be closed immediately in order to make a deadline that occurs in the next few weeks. Realistically speaking, avoiding looking at the long-term effects of an equipment lease may leave the client with a piece of equipment they do not need or a bad contract altogether. If their short-term goal is to launch a new product or get the foundation of a new project started, but the equipment will not help in the long-term goal, that should be addressed.

Equipment leasing provides numerous benefits to businesses large and small. Its important to recognize the benefits, but to also avoid the pitfalls of mistakes that can be made when negotiating an equipment lease.

Limited liability is one of the most successful commercial creations of all time, almost singularly responsible for the growth and expansion of capitalism. Encouraging risk and promoting successful enterprise through both small and large businesses alike, limited liability has been the driving force behind economic success in the Western world and is one of the most celebrated legal creations of all time. But what is it about limited liability that makes it so successful? Indeed, is the structure of limited liability fair as regards creditors, who ultimately bear the brunt of this mechanism?

Limited liability in general means a sacrifice of privacy in return for the benefit of limited personal liability. In layman’s terms, this means that the company promoter is not personally liable for any of the company’s debts, thus encouraging risk and promoting enterprise. For most small businesses, it is a lifeline, and without it the economy would level out and stifle with fewer new start-ups each year. At the back end, however, these businesses leave behind a trail of debts that ultimately result in financial loss for lenders and those that operate on credit terms. This raises the general question of whether limited liability as a creation is fair for the creditors it so apparently prejudices?

Limited liability has given life to companies across the world, by providing the reassurances necessary to entrepreneurs to take the risk, safe in the knowledge that personally speaking they should come out unscathed. From this, more companies have grown and flourished, which has led to more jobs and better state welfare for virtually all capitalist economies. The strength of this function has gone a long way towards building the great superpowers, and is seriously underestimated as a legal construct.

Limited liability leaves a gap in the pockets of those companies that lend money or offer their customers credit terms during the course of their business. As a consequence of the promoter’s ability to walk away with his hands clean, many businesses find the squeeze of bad debts too severe, and end up having to take on credit of their own to meet the shortcomings. In theory, limited liability leaves creditors in a weak situation, with relatively limited powers to regain the full amount of any monies due.

In reality, limited liability doesn’t operate in that way. Of course, many businesses go under every year as their owners walk free of encumbrance, but generally speaking the economic world does not work between insolvent companies. However, the flexibility allowed by limited liability has meant debt in a sense has become effective currency, and has helped businesses to survive during tough times, and to seek the financial help necessary without the appropriate risk.

Limited liability might be seen as slightly unfair at the razor’s edge, but it works all round to ensure that everyone has access to credit and the benefits of limitation of damages when it is necessary. Ultimately, it promotes a more competitive, lower-risk environment within which business can flourish and economies can grow and multiply, providing jobs and economic strength to nations embracing its basic form. As legal fictions go, the limited company has undoubtedly prove itself to be one of the most popular ever created, and its growth looks set to continue as it is developed and refined across the world.

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The European Convention on Human Rights has seen vast changes to the legal framework of countries across Europe. By imposing fundamental freedoms and liberties in an indefeasible form, it has created a host of legal problems and issues for courts to tackle in an attempt to improve human rights. Distinct from the US, which already retains fundamental freedoms through its definitive constitution, much of Europe in particular the UK doesn’t have the same codified provisions for its citizens. This has now been revolutionised by the ratification of the European Convention (ECHR), which sets out certain primary standards that must be attained in relation to each individual citizen. In this article, we will look at the advantages of the ECHR, and the wide-ranging impact it has had on the various constitutions around Europe.

The European Convention on Human Rights was established as an international treaty to afford a uniform standard of human rights treatment across Europe. Covering basic freedoms like the right to life through to trickier issues such as the right to liberty and the right to marry, ECHR has had an astonishing impact on Europe both legally and politically. In passing legislation, European governments have to as a matter of law legislate in accordance with the provisions contained within the ECHR. This means parliaments of signatory countries are being bound by their predecessors to legislate in a particular way, which has ruled out a number of would-be pledges and meant the reversal of certain national laws.

One area where this has caused problems is in abortion. The perpetual morality debate aside, abortion has been held to contravene the right to life provision in certain European countries. Although there is still great scope for challenge, this could potentially cause problems in the coming years as more and more cases of this nature are brought before the European court. Another major problem area is that of same sex marriages. The universal right to marry means that any provision stopping same sex marriage anywhere in Europe could potentially be struck down as illegal, requiring nations to actively realign their current provisions to avoid any discrimination. For this reason, the UK, amongst others, have taken proactive measures to permit same-sex marriages to avoid the embarrassment of a public ruling against them. This obviously raises problems of national power and freedom: nations are now utterly bound by the principles of European ‘liberty’, whether they like it or not.

Thankfully this social and legal upheaval is working towards a more liberty-orientated Europe. It is certainly taking time, and given the fact that the ECHR is over half a century old, its impacts are becoming more and more apparent as time wears on and as courts are presented with modern challenges located within the context of the original ECHR provisions. Additionally, the European Convention on Human Rights is being regularly updated and amended to provide a steadfast constitution for the citizen whilst retaining the flexibility to adapt to contemporary situations. Although the ECHR and the provisions contained within it have met stiff opposition throughout their lifetime, most would now agree that the level of individual certainty provided by these fundamental freedoms is making for a better quality of life and reducing the scope for discrimination and prejudice across Europe.

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For her traumatic wounds to heal, the victim of abuse requires closure – one final interaction with her tormentor in which he, hopefully, acknowledges his misbehaviour and even tenders an apology. Fat chance. Few abusers – especially if they are narcissistic – are amenable to such weakling pleasantries. More often, the abused are left to wallow in a poisonous stew of misery, self-pity, and self-recrimination.

Depending on the severity, duration, and nature of the abuse, there are three forms of effective closure.

Conceptual Closure

This most common variant involves a frank dissection of the abusive relationship. The parties meet to analyze what went wrong, to allocate blame and guilt, to derive lessons, and to part ways cathartically cleansed. In such an exchange, a compassionate offender (quite the oxymoron, admittedly) offers his prey the chance to rid herself of cumulating resentment.

He also disabuses her of the notion that she, in any way, was guilty or responsible for her maltreatment, that it was all her fault, that she deserved to be punished, and that she could have saved the relationship (malignant optimism). With this burden gone, the victim is ready to resume her life and to seek companionship and love elsewhere.

Retributive Closure

When the abuse has been “gratuitous” (sadistic), repeated, and protracted, conceptual closure is not enough. Retribution is called for, an element of vengeance, of restorative justice and a restored balance. Recuperation hinges on punishing the delinquent and merciless party. The penal intervention of the Law is often therapeutic to the abused.

Regrettably, the victim’s understandable emotions often lead to abusive (and illegal) acts. Many of the tormented stalk their erstwhile abusers and take the law into their own hands. Abuse tends to breed abuse all around, in both prey and predator.

Dissociative Closure

Absent the other two forms of closure, victims of egregious and prolonged mistreatment tend to repress their painful memories. In extremis, they dissociate. The Dissociative Identity Disorder (DID) – formerly known as “Multiple Personality Disorder” – is thought to be such a reaction. The harrowing experiences are “sliced off”, tucked away, and attributed to “another personality”.

Sometimes, the victim “assimilates” his or her tormentor, and even openly and consciously identifies with him. This is the narcissistic defence. In his own anguished mind, the victim becomes omnipotent and, therefore, invulnerable. He or she develops a False Self. The True Self is, thus, shielded from further harm and injury.

According to psychodynamic theories of psychopathology, repressed content rendered unconscious is the cause of all manner of mental health disorders. The victim thus pays a hefty price for avoiding and evading his or her predicament.

They say the only things in life that are certain are death and taxes. For the sole trader, this is definitely the case, and at times it can seem like an overbearing pressure. Thankfully, for the sole trader there are many ways in which you can minimise liability to income tax and leave more in your bank account at the end of the month. In this article, we will look at some of the key features of tax management from the perspective of the sole trader, and some of the ways in which the sole trader can minimise the legal consequences of his operation.

As a sole trader, you are usually accountable for your profits in terms of income tax. This can be particularly problematic, given that the structure of income tax in most jurisdictions is a fairly heavy burden on the citizen, particularly those with higher incomes. The first thing that should be considered is incorporation. As a corporate entity, you will be required to handle more paperwork, but ultimately it will save you money. Corporation tax on profits is lower than income tax in the majority of situations, and dividend income carries less taxable weight than other income, for example wages and salaries. The first thing to do, as a sole trader within the top income tax bracket, is to incorporate, which could potentially save thousands every year.

The sole trader must be aware of the fact that there are certain items that cannot be discounted from income. In fact, certain everyday items must be declared and must give rise to tax. For example, say a self-employed solicitor is given a bottle of fine wine by a particular client every year as thanks for his service. This wine, although not initially apparent, will usually require declaration for tax, on the basis that it is an ongoing gift or benefit arising from employment. It is therefore important to watch what is included and what is ignored from your tax return. If you are at all unsure, it is better to include an item and pay tax, rather than running the risk of neglecting to mention its existence. Alternatively, it may be a good idea to consult a specialist on the particular laws of your jurisdiction, and to determine whether or not it would be possible to avoid liability.

Another important thing to remember is that there may be certain personal capital gains liability for disposal of a primarily business asset. As a sole trader, this means you will be liable to account for the disposal of the asset and any capital gains at market value, which can be a costly business. Again, it is probably advisable to consult a tax lawyer or tax adviser to minimise liability on disposal and to manage your tax liability more effectively.

Tax law is a particularly intricate area of the law, and one that is in perpetual change. This means the small business owner is required to keep one eye on tax developments to avoid being caught out, which means there is less room for focus on the core areas of business and making money. Alternatively, the advice of a tax specialist can be invaluable in minimising overall liability and ultimately saving money from your tax bill every year.

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After much deliberation and discussion, the Supreme Court has returned a critical strike to the core of women’s rights in the abortion arena. The court in a 5-4 decision banned a medical procedure known as a partial-birth abortion or Dilation and Extraction. This abortion procedure was performed after the 20th week of pregnancy. While the pro-rights crowd is naturally upset over the ban, they are horrified over the fact that there are no exceptions to the ban that would enable a doctor to save the life of a woman if it was medically necessary to perform the procedure.

Doctors can face up to 2 years in prison if they are convicted of performing the procedures, which will greatly limit the numbers of doctors performing the procedures and likely increase the number of states placing bans of the entire abortion procedure as well. The decision came from a split Supreme Court, with two of the justices being hand picked by Bush himself. This is a cause of great concern, suggesting that the Supreme Court has turned into a very conservative place, despite the lack of support for Bush and many of his ideas and practices on a broader level. The Supreme Court’s involvement in politics is usually noted, but given the gravity of this decision it is clear where certain allegiances lie.

Is the Supreme Court really following the wishes of the majority, do they really have the legal right to determine that a medical decision can or cannot be performed? The anti-abortion camps in the GOP are happy following the decision and are busily looking for more ways to put a damper on the rights of women in regards to abortions. How will this decision be regarded when it comes election time, and the Presidential elections come around? What about the midterm elections next time they are scheduled?

Many people are left to wonder if the Supreme Court decision is truly a legal decision, or nothing more than a very carefully selected group of ultra conservative judge’s who are following Bush’s wishes and desires in regards to the case. The case was sitting before a panel of judge’s who seem to thrive off of the acceptance of Bush, and Bush was noted as being encouraged by the ruling and declaring it as a victory for his administration.

The court defended its decision by saying that it was doing nothing more than drawing a line between abortion and infanticide. There is a difference between killing a child, or an infant, and an abortion. One of the most notable differences is that a child or infant is not considered an infant until the first breath of air is taken into the lungs. An abortion does not allow the infant to take that first breath of air, therefore, removing the term infant from their being.

While it is noble that the Supreme Court is looking and seeking to protect all forms of life, they should also concern themselves with the lives of the mothers who carry babies, who should not be allowed to continue to term for medical reasons. There are numerous women each year who become pregnant who are unable physically to carry a child to term, and must abort the child, or risk their own life. What has the Supreme Court done in order to protect those mothers, or improve their quality of life?
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This is a very ‘hot button’ issue that keeps arising in the face of politicians everywhere in the country. What if anything should the government involve itself in for the issues of stem cell research? How far should the government press into the fields of medical science research? Should the government interfere at all, or stand back and come up with laws to handle the consequences of such research?

It comes into question, how many ordinary Americans really know and understand what stem cell research is, how it can effect our lives, and what does it have the ability to do in the future? With topics such as abortion being very hot and causing pressures on all sides, it only seems natural that stem cell research should cause just as much controversy. Many supporters argue that the research gathered will be able to save millions of lives, while those opposing the research all argue that they are killing thousands of innocent children in the process.

This brings the question, where do the embryos come from? The majority of the embryos used in the research come from couples that have donated them, following a treatment for infertility; there are often 10 or more embryos left over after such procedures, which can be put to use in the laboratory environment. The options for those embryos are limited; they can be preserved, adopted to a needy couple, destroyed, or donated to medical research.

The embryos are only a few mere days past conception when they are frozen, and are unable to sustain life in any form on their own. From a legal standpoint, they are not living humans, and are not an infant since legally an embryo becomes an infant once the first breath of air is taken. This leaves the questions of who has the right to determine what can happen to them.

The embryos are the building blocks of people, yet, they have no rights themselves. Whom do they belong to? Who is responsible for ensuring they are taken care of? Many consider the embryos being used in research as the same category as murder. Is it actually murder when the child is never born, and is only conceived in a test tube? Who should really make the decision about how these embryos should be handled?

The embryos themselves are rich in stem cells, which scientists have said can help cure some of the worst diseases and conditions in the world. This makes the concept very tempting, but is this dabbling in aspects of science that shouldn’t be used? Should humans really be trying to recreate whole body parts and organs from the stem cells in order to help a few, but at the expense of a few other lives?

The current administration has tried to place a ban on this research and block the use of the embryos. This has upset many supporters who feel this research is vital to the survival of the human race, while those who digress the ideas are upset that is has not been banned fully yet. Where is the better side to stand? Should we allow the government to meddle into the scientific aspects of medicine, or should we continue the research to save thousands, or millions of lives?

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We are likely to need legal help at least once a year, yet most of us do
not actively seek legal help.

This is borne out of data from a survey
conducted by Leo J. Shapiro & Associates, on behalf of the American Bar
Associations Section of Litigation, which shows that close to three
quarters of American adults experience some event during a twelve-month
period that may require the services of a lawyer. Over half of those who
needed an attorney chose not to hire one, and close to 80% of those yet to
experience legal problems gave strong indications they might go down the
same route.

Why all the doom and gloom? Price is the most sticking point
for most consumers. When it comes to hiring a lawyer, hourly fees of $100
up to $1000 are out of reach of most peoples budget. And then comes the
trepidation of searching for a good attorney and the right service: there
is a lot of uncertainty and confusion as what a lawyer will do, and how to
tell the good from the bad.

A legal plan may solve these problems and change the way you think of legal
services. Thanks to this arrangement, you can now talk to a lawyer whenever
you have a problem, without fear this will leave you out of pocket. In
fact, you dont even need to be embroiled in a legal problem to get legal
advice: just pick up the phone, call your attorney and get the necessary
legal advice susceptible of resolving any potential problems with
professional legal advice and follow-up, you can prevent ninety percent of
your legal questions becoming legal problems. Basic services such as the
drafting of your will, review of sample health contracts and writing
letters on your behalf are handled at no cost to you. If you want further
coverage to include family problems, such as a divorce or custody of
children, and any legal representation in court, then you simply pay a
premium and get more inclusive coverage.

Even if your plan doesnt cover complex legal matters, it can still save
you money on those sky-high attorney fees. Discounts of up to 20% are
offered on hourly and flat rates. Ultimately, its not all down to how much
you can save. Having an attorney readily available at all times gives you
peace of mind, in the knowledge that there is someone you can use on
retainer for advice and help on anything of legal nature.

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In cases where it is child custody is contested, family lawyers therapists and mediators can help get parents in this difficult situations, it is necessary that the plan developed is child centered so that their childrens interests are taken care of.

Most of the cases can be solved through a mediator, it might be a private one or someone sent by the court, if the couple is unable to reach a plan in the process of mediation next process that they could enter into is evaluation. Mediation takes place for 90 minutes in court-assigned cases, however, in order to have full discussion this time limit can be extended further. In case of private cases there is not time pressure.

Mediators help collect complete information about each parent and organize this information in a useful way. During mediation all history of both the parents is extremely useful. All aspects including childhood, past divorces, past history, parents history, parents martial status, siblings, relations with siblings, history of crime, domestic violence, etc. are also taken into consideration. You as a parent must be prepared to show yourself in the best possible light.

Mediators and evaluators look for red flags, which mean that there are certain details like dates etc. which do not match among both the clients. Mediators and evaluators then may challenge the dates and timelines. The more each can see with one anothers perspective, the more constructively proceedings will take place.

In order to be successful in presenting actual parenting plan, mediators and evaluators should try to make their clients understand that they should present themselves to be reasonable, articulate and flexible parents and that they should not in anyway disturb the court in anyway while proceedings are on.

At the time of evaluation, you should conduct a safety check on your clients. You have to inspect their homes and see whether things are generally in place. All the residents of the home should make themselves available for the interview and guests should leave within 10 minutes of arrival of the evaluator. Evaluator can ask for references of people you know, it would be better if you can furnish these immediately.

Plans that are not well thought off might turn out to be red flags, so preparing for evaluation in advance is necessary. There are special considerations offered by courts in cases where there is a history regarding domestic violence, abuse, etc.

Therefore, it is required that solid preparations are carried out for the purpose of mediation and evaluation, these can bring success. The client will not make any mistakes since the level of confidence would be higher. These tips will go a long way in maximizing chances of success in mediation and evaluation.

When you subscribe to a pre-paid legal service, you are likely to deal
with an attorney and a number of other individuals and organisations who
are involved in one way or another with the service. Its important to
understand the role of each participating party in a legal service plan,
particularly when youre unhappy with the service or when fee disputes or
any other litigation with your provider arises.

So, who is involved in your pre-paid legal arrangement?

Your Lawyer

You get to choose your attorney from a pool of attorneys in the network.
Your lawyer is your point of contact for any phone advice or office
consultation. He is the one who furnishes other legal services specified
in your written agreement with your provider: he drafts your will, reviews
simple contracts for you, writes letters on your behalf and makes phone
calls to adverse third parties.
If you are unsatisfied with the quality of work you are getting from your
current attorney in the network then you have the choice of choosing
alternate attorneys. You can also make a complaint to your providers
in-house charge of complaints.

If you benefit from legal services under a group plan scheme then there are
a number of parties who are involved in this scheme.
First the contracted firm, just as is the case with an individual plan, is
the one which provides all the legal help through its network of attorneys.
There are also two parties involved in the deal: a plan administrator and a
plan sponsor.

A plan sponsor is the organisation you are member of, which sponsors your
legal plan. Your sponsor can either choose to provide the legal services as
a fringe-benefit, as is the case with most employers, pre-charge for the
service – universities usually charge for any legal service as part of
tuition fees or charge low-costs, as do trade unions under a
group-bargaining scheme.

Your plan administrator is the person appointed by your sponsor to arrange
for the panel of lawyers from the contracted firm to provide services,
collects all the fees paid into a pre-paid plan, publicizes the plan and
handles enrolment and marketing. The administrator may be a an employee of
the sponsor, an insurance company or an outside firm.

Regulating Authority

Authorities that regulate pre-paid plans provide you with an outline of how
pre-paid legal services are managed and also an outlet in case there are
any complaints.
Individual pre-paid legal plans are generally regulated by your state
department of consumer affairs.
If you are an employee participating in a group plan funded by your
employer, then the legal services are covered and regulated under the
deferral Employee Retirement Income Security Act (ERISA).

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