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Public Liability Claims
Many people who suffer an injury on private property or in business premises in South Australia are entitled to make a claim for compensation. To be able to succeed with the claim, you must be able to show that the site of the accident was dangerous in some way and that the owner or occupier of the premises knew, or should have known, of the danger. Any person wishing to claim compensation for their injuries needs to take action within three years. There are lawyers who specialise in assisting claimants with public liability claims, and who will be able to obtain the best possible outcome for any claimant. It is important to find the right lawyer to handle your claim as this can make a massive difference in the outcome of your matter. A claim for compensation in South Australia can include awards of compensation for pain and suffering, loss of income, domestic and gardening expenses, and medical expenses. The occupier of the property need not be the owner of the land, but simply in control of it. Most owners and occupiers of premises are insured against such losses. The liability of the owners of premises is limited to situations where they have failed to carry out an obligation to maintain and repair the premises. In deciding whether there has been negligence on the part of the occupier, the Courts will consider the nature and size of the premises, the extent of the danger, how the injured person came to be exposed to the danger, the age of the person, whether the occupier should have known of the danger and that people were coming onto the property, what had been done to reduce or warn of the danger. There is no duty of care to a trespasser unless their entry to the property was reasonably foreseeable. Court actions for personal injury arising as the result of an accident on private property in South Australia are regulated by the provisions of the Civil Liability Act, 1936. Among the relevant provisions of that Act are; · Section 37, which provides that where the defendant to an action alleges that the risk involved in the accident was obvious, the claimant will be required to prove on the balance of probabilities that he or she was not actually aware of the risk. A person can be found to be aware of the risk, even where the person is aware of the type or kind of risk, but not aware of the precise nature, extent or manner of occurrence of the risk. The defendant must prove that a reasonable person in the claimant’s position would have taken steps to avoid the risk. · Section 38 provides that a person does not owe a duty to another to warn of obvious risk unless the injured party has requested advice or information about the risk, there is a legal requirement to warn, or the risk is a risk of death or injury arising out of a medical procedure. · Section 39, which provides that a person is not liable for the materialisation of inherent risk. An inherent risk is defined as something that cannot be avoided by the exercise of reasonable care and skill. In many cases, public liability claims will depend on the extent of regular inspection and cleaning of floors in shops, supermarkets, and other places into which the public regularly enter. It is very important to find the right lawyer to assist you with your public liability claim.
Why CEO Compensation Is Often Paid In Various Ways
CEO compensation has always been a contentious issue, but it is never more so than when the company is struggling and failing to achieve expected results. Corporations are definitely going to find it tough going to maintain profit levels in situations where the economy if proving heavy going, or where there is a shift away from the products which the company manufactures to ones of a similar nature, but the CEO will always have some actions they can take to try to make the situation better. Workers do not like having to take pay cuts when the executives are still getting pay rises. There have been serious changes in the way executive compensation has been dealt with, from the early days of exclusively monetary payments to the today when other kinds of compensation can actually be greater than the amount paid in cash. In the early days of the industry, when there were not many taxes and not a lot of regulation of major corporations, it was sensible for executives to be paid in the straight forward way, with direct cash payments. Companies looking to attract high-quality executives could pay a high cash reward and freely advertise it in the financial press. There are always going to be people who would have a problem with the high salaries of executives, despite the fact those executives were bringing in unique expertise and enabling their corporations to go from negative to positive profit. These people have no inclination of the principle of being rewarded for effort and have in general been made redundant by the failure of communism in the East. Many people will be of the belief that executives are worth their pay, as long as they are able to deliver more value than they are receiving. There are not many workers, however, who will give backing to an executive who is taking high pay without producing results. The nature of CEO compensation has changed little by little over the years since industrialization, this is mainly because of the growth of centralized government and changes in the levels of taxation. When taxes were comparably low, there was not much incentive in making the effort to develop compensation systems that were based on anything other than cash rewards. As the levels of taxation increased, there was every reason to try to discover types of compensation which would not be liable to penalties. In the initial years of expanding government, it was not a problem to pay in kind or to have alternative incentives which would not be taxable. This has become more and more difficult, as the central government continues to increase in size. Essentially every CEO will be given the chance to buy stock in the corporation over which they control. These options should be accepted, as long as there are no clear reasons why the stock will decrease in value. The buying and selling of stock options must be publicly declared, and it is used as one of the most compelling indicators by traders in securities. If a company director is selling a huge percentage of their holdings, the market is certainly going to ask why. Extended selling, or selling in vast amounts, will produce a selling signal. The nature of CEO compensation is not likely to change to any degree, whether the economic depression gets worse or recovers. The size of the central government is not going to be getting smaller, and the incentives which are allowed under the tax laws do not stand much chance of changing. Executives are likely to carry on receiving high cash rewards, but with a large percentage of their compensation in other ways. Every corporation will profit from giving their own products and services in compensation, and deals can usually be struck between companies to provide a better and more varied CEO compensation.
Defamation By An Employer
An employee may have a claim for defamation where an employer publishes a false statement of fact that harms the employee's reputation unless the employer had a qualified privilege for making the statement.  An employer statement of opinion, rather than fact, is not sufficient for a defamation claim. In addition, an employer will have a qualified privilege to make factual statements about an employee if the statement is reasonable and made for a reasonable purpose. Elements of a Defamation Claim State law governs defamation claims. Therefore, the precise law on defamation varies from state to state. In general, to prove employer defamation, an employee must prove that: the employer made a false and defamatory statement, about plaintiff, published without privilege to a third party, with fault of at least negligence on the part of the employer, and that was either caused harm to the plaintiff's reputation or is of a nature that the law presumes it caused such harm. Opinions and the Innocent Construction Rule Opinions do not qualify as a factual statement sufficient to support a defamation claim. For example, an employer will not defame an employee by stating "in my opinion that employee cannot be trusted."  On the other hand, if the employer said that "the employee stole from me," the statement may be defamatory.  Even if a statement is factual and not mere opinion, if the factual statement has two meanings, one defamatory and one innocent, courts may reject the defamatory meaning and adopt the innocent meaning. For example, an employer stated to co-workers and customers that the police were coming to question an employee about suspected theft, the customers and co-workers might believe that her employer had accused her of the theft. However, since they could also hear the same words and believe that the police were questioning the employee as a witness, the court will likely find that the employer's words had an innocent construction and therefore were not defamatory. Employer Qualified Privilege An employer has a qualified privilege to make a statements about the activities of  its employees arising out of their employment and concerning matters of common business interest, but it can lose that privilege if the employee proves that the employer made the statement out of actual malice towards the employee. A qualified privilege will defeat an otherwise viable employer defamation claim. For example, an employer who tells a prospective employer that it fired a former employee on a suspicion of theft is not liable to the former employee for defamation, even if it is wrong about its suspicion of theft unless the employee proves that the employer acted with "actual malice" in making the statement.  The employee can prove actual malice by showing that the employer knew that the statement was false or acted with reckless disregard of its truth or falsity. Damages in a Defamation Case. An employee must prove actual damage in a defamation case, unless the words used to defame the employee amount to defamationper se.  Since defamation involves harm to an individual's reputation, and because reputation is difficult to quantify in monetary terms, proof of actual damage is often difficult or impossible to prove.  Consequently, employer statements involving defamationper seare more valuable. Defamationper se occurs when material is defamatory on its face and includes statements that reflects upon a person's character in a manner that will cause him to be ridiculed, hated, held in contempt, or regarded in a manner that will injure him in his trade or profession. For examples, accusations of a crime or immoral conduct may constitute defamationper se Relationship between Defamation, Slander and Libel Defamation can be written or verbal. Written defamation is "libel." Verbal defamation is "slander." The legal test for proving and defending libel and slander claims is the same as for defamation.
Tinder Clone For X App Script
The digital world has been playing an essential role in our life. The technology around makes our life more simplified than before. Dating industry users technology and reaches people all around. On that Tinder goes popular because of its gamification swiping functionality and grab the People's attention. You may have thought to do popular business like Tinder? For your immediate startup get a clone script from expert. It is better than to develop a product from underneath is a massive process. So move forward with Tinder clone. What is Tinder clone? Tinder clone is build up with the resemblance of Tinder functions, features and design The clone product working process is exactly like Tinder. Let's move on to it, The first process multiple signup/login with Facebook account or phone number. The login code is generated to enter the app. The user need to fill the profile details and can set the app setting for their convenient. After that app display the folks around user surrounding will displayed. If the user likes the displayed profile then swipe right. If the user dislikes the displayed pic then swipe left namely “nope” then the profile will never shown to the user. If both users swipe right then potential match is made. Suppose the profile is more attractive the displayed picture is likes so much by the user then the user can give “super like” by tapping blue star icon or swiping up their profile. Extra features for generating revenue:- If the user unfortunately swipe left (i.e “Nope”) but the user get attractive to their profile then use rewind option to see the swiped profile. The boost option is introduced to place the profile at the top for 30 minutes in their surrounding area. Some functionality like boost, rewind, location change, block ads are comes under subscription plans. Business owners can use this work flow in various business models. Our Tinder clone script can be easily customisable, that it adapt your business idea. Our team structure the app based on comfort zone and fit for on-demand business. Some of the services like Tinder clone for X app script:- Tinder clone for Event management Tinder clone for Beauty parlour Tinder clone for Boutique Tinder clone for Real Estate Tinder clone for Job search Tinder clone for Pet adaptation or pet sales Tinder clone for House rent Our Tinder clone exists in web, iOS & Android apps. We will make the same things for Tinder clone X app script also. our developer expert customize as per clients wish also. Hopefully, I believe this blog is informative. Thanks for reading this blog. Meet you soon as our client. For any queries feel free to contact us: sales@trioangle.com or tap on https://www.trioangle.com/tinder-clone
Overtime Wages When Carrying And Using A Pager Or Cell Phone After-Hours For Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies.  Sometimes, the employee is not compensated for the time spent carrying the pager or even for the time actually spent working.  It is common practice to pay a set amount per evening or off duty period regardless of how much time is spent responding to calls.  In such cases, if the employee has worked a regular forty-hour workweek and is a non-exempt employee under the Fair Labor Standards Act, he or she may be losing out on federally mandated overtime wages.  In order to determine if the time spent carrying the pager or cell phone is compensable, you must look at the restrictions placed on the employee’s activities as a result of having to respond to calls.  Courts will generally apply a common-sense standard and ask whether the employee was engaged to wait, or waiting to be engaged.  In other words, if the employee could do little else but stay at home and wait to respond to a call, the time could be compensable.  But if an employee is going about his or her regular day and is interrupted by a call, the time spent actually working would be compensable but not the entire time the employee carried the pager or cell phone. It is important to note that the time may be compensable even if carrying the pager or cell phone was voluntary and not mandated by the employer.  Furthermore, it is the employer’s responsibility to keep records of the amount of time spent by employees in responding to calls after-hours, not the employee.  If those records to do not exist, courts will draw an inference in favor of the employee’s calculations.  Finally, if the employee is successful in claiming unpaid overtime wages, the employer could be liable for the wages, an equal amount in liquidated damages, costs and reasonable attorneys’ fees. Useful Cases and Law Armour & Co. v. Wantock,323 U.S. 126, 65 S.Ct. 165, 168 (1944) Martin v. Ohio Turnpike Comm’s(6th Cir. 1992) 968 F.2d 606, 611 Renfro v. City of Emporia(10th Cir. 1991), 948 F.2d 1529 Pabst v. Oklahoma Gas & Electric Co.(10th Cir. 2000) 228 F.3d 1128 Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946) 29 C.F.R. §778.316. 29 U.S.C.A. §211(c). 29 U.S.C.A. §216(b). External Links Links to external sites with additional information about this topic. https://payrollheaven.com
An increase in fraud in property sales – how can you avoid this risk?
2016 has seen an increase in publicity about incidences of fraud within property transactions. Property fraud usually occurs when fraudsters steal a property owner’s identity (including recently deceased property owners) in order to sell or mortgage a property. If not discovered promptly, a property could be transferred or sold without the true owner’s knowledge. Resolving the problem is likely to be a messy, time-consuming and costly exercise. The government has published guidance for the general public (available at www.gov.uk/protect-land-property-from-fraud) to minimise the risk of being a victim of fraud. They advise that you will be more at risk if:- your identity’s been stolen you rent out your property you live overseas the property’s empty the property isn’t mortgaged the property isn’t registered with Land Registry The first step to minimise the risk of becoming a victim of fraud is to ensure that your property is registered with the Land Registry and that your contact details are up-to-date so that you can be easily contacted. Your property should be registered if it has been bought or mortgaged since 1998 – if you are unsure, you can check at https://www.gov.uk/search-property-information-land-registry. To further minimise the risk, you can sign up to Land Registry’s Property Alert Service whereby you are sent an email alert if someone applies to change the register of your property. This is a free service that can be found at https://propertyalert.landregistry.gov.uk/propertyalert/. If you fall into one of the identified ‘at risk’ categories above or if you are particularly concerned about the risk of fraud, you can apply to have a restriction entered on the property title. A restriction stops activity on your property, such as a transfer or a mortgage, unless a conveyancer or solicitor certifies that the application was made by you. If you live at the property, the cost of requesting a restriction on the title is £40. If you do not live at the property, there is no cost to the application. If you think that you have been the victim of property fraud, you should contact the Land Registry property fraud line on 0300 006 7030. Lines are open Monday to Friday from 8.30 am until 5 pm. You can also contact Action Fraud at www.actionfraud.police.uk. In order to minimise the risk of fraud, you should seek expert legal advice before entering into any conveyancing transaction. Please contact us on 01344 512370 and our conveyancing experts would be happy to discuss your sale and/or purchase and to provide you with a quote for our services.
What is Probate? And How Long Can I Expect It To Take?
What is a Grant of Probate? When a person dies, leaving behind a Will and more than £20,000 in bank accounts held in their sole name, a Grant of Probate is required to enable the Executors to access and administer the assets of the deceased. If you are named as an Executor in a Will, you have a great deal of responsibility. You are responsible for gathering in and valuing the assets of the estate, paying off any debts and liabilities, calculating and paying any Inheritance Tax that is due and distributing the Estate in accordance with the Will. You will only be able to do all of this if you have a Grant of Probate. The Grant is essentially confirmation that the Will is valid and that you, as an Executor, have authority to deal with the deceased’s estate. An Executor of a small Estate, where available assets are valued at less than £20,000, may not need to apply for a Grant of Probate. In this instance, an Executor may simply be required to prove their entitlement to deal with the deceased’s money and assets by showing evidence of the Will, alongside other identification as required by various institutions, before being allowed access to the deceased’s bank accounts. Other assets such as personal items (i.e. jewellery, furniture) can usually be distributed directly to beneficiaries in accordance with instructions in the Will. How long does it take to obtain a Grant of Probate? This will depend on the current caseload of your local Probate Registry at the time you apply for the Grant. On average, you can expect to receive a Grant of Probate 14 days after the Registry receives your application. As an Executor, you can then register your Grant of Probate with all of the financial institutions associated with the Estate in order to start dealing with the deceased’s assets. How long does it take to complete the administration of an Estate? This will depend upon whether, as an Executor, you are thinking of administrating the Estate yourself or whether you are going to engage the services of a Probate Solicitor. Administering an Estate can be a lengthy and complex process, therefore it is unsurprising that a Solicitor who is familiar with this area of law will be able to complete the process in a shorter period of time than a lay Executor. The complexity of the Estate will also have a bearing on the timeline for completion. For example, an Estate that consists of multiple shares, bank accounts, investments, savings etc. will take longer to administer than an Estate with fewer assets to gather in. As a general rule, however, all Executors are given a period of time that is classed as the ‘Executor’s year’, which runs from the date of the Grant of Probate, in which to complete the process of fully administering the Estate. Are you an Executor and considering doing your own Probate? Then there are a number of factors that are vital for you to consider. Please click here to read our blog which addresses everything you should contemplate before undertaking Probate work yourself: http://ascotlawyers.co.uk/news/2410-are-you-an-executor-and-considering-doing-your-own-probate-why-risk-it.html Contact us: We have aimed to make our fee structure as transparent and competitive as possible. If you are the Executor, we charge a flat 1% fee* on the gross value of the Estate to obtain the Grant of Probate and to administer the Estate. Our fees are taken out of the Estate, so as an Executor you do not need to personally fund the work that we undertake. Our Head of Department, Deniece Lines, will arrange an initial consultation and an advice session with you that can take place face-to-face or in writing. We can also arrange home visits for those clients who are unable to travel. If you have any questions or would like to talk with Deniece Lines, please call 01344 512370 or email: deniecel@ascotlawyers.co.uk. *Subject to a minimum charge of £500.
Keeping Trespassers Off Your Property
While there are many effective ways to keep trespassers away, landowners could potentially be held liable if their efforts at property protection cross the line. Here is a look at some of the most common legal ways to keep out trespassers: 1. Signs. The classic “No Trespassing” or “No Trespassers” sign does not change the fact that knowingly trespassing onto private property is generally illegal. However, since most state laws require that a trespasser knowingly or intentionally enters someone’s private property, a sign is most effective in providing notice. There is no magic language to warning potential trespassers that the area beyond a sign is private property, but something straightforward like “Private Property: No Entry” should do the trick. 2. Fences. Although cowboys and romantics don’t want to be fenced in, fences are both a practical and legal way to mark the boundaries of your property and keep unwanted guests out. Keep in mind when considering any sort of fencing to both consult the local fencing ordinances in your city or county and to consult with your neighbours. Getting neighbours’ permission prior to building a fence can save you a whole heap of trouble in the future. 3. No Traps. Booby traps, trip wires, bear traps, bamboo tiger pits, and other devices intended to ensnare, harm, or potentially kill trespassers are at best a legal liability — and at worst, the basis for criminal charges. Many states have outlawed these trespasser countermeasures, and even if there’s no explicit criminal law banning them, they present a huge risk for injuring or killing unexpected guests on your property. 4. Cameras. Most security cameras available to consumers are legal and a somewhat expensive way to keep watch on and deter trespassers. Just make sure that you install security cameras that record only video — no audio — or you could potentially be violating state and federal laws. 5. Calling the Cops. One of the simplest ways to get some sense of security if you’re worried about potential trespassers is to call the police when you suspect a trespasser. Although it might be more difficult to get a quick response in more rural areas, having the police investigate relieves a homeowner of many of the risks and liabilities of sussing out the trespasser him or herself. Plus, as a homeowner, you pay plenty in taxes. Put your tax money to good use, and be smart about keeping trespassers off your property. Need More Help? To learn more about your rights to possess and use your property, check out Payroll Heaven's comprehensive section on Real Estate Law. For guidance about property rights how to keep trespassers away in your specific situation, consider consulting an experienced real estate lawyer near you.
The importance and value of specialist local legal advice
There are many advantages of the internet, for many things, including law. The internet has revolutionised most businesses, and yes, that even means law! Previously, it was very difficult for non-lawyers to get to grips with any kind of legal topic due to the cost and general technical authoring of weighty textbooks. Now, there are a plethora of law-related sites both created by solicitors and non-solicitors which often break down legal concepts into easier to understand summaries in plain English. Even lawyers are now having to explain legal concepts in plain English! And, if all else fails, there is always Wikipedia, which remains a fantastic resource. Having said all of the above, in some circumstances, where important legal issues are at stake, our own personal opinion is that it remains important to seek out a specialist solicitor local to you rather than the growing trend of choosing and transacting with a lawyer online, in a different city, often having looked for a competitive costing. Most individuals and small businesses will still instruct small to medium size law firms, typically those with less than 10 partners. Whilst this may mean that there are solicitors in that practice with different specialisms, the smaller the firm, the more you are likely to deal with a generalist. This can have significant consequences in some areas of law. This is not only because some areas are particularly technical and wide-ranging but because, like anything in life, experience counts. None of us go to lawyers just to be told what the law is.. Whilst lawyers cannot or should not, make decisions for clients, they should be able to guide the client based on experience. If you don’t instruct a lawyer with experience of your particular issue, you are taking a big risk. The lawyer may say to you, for example, that he or she is a litigator and can handle an employment case. However, employment law is very wide-ranging and a specialism of its own and the Employment Tribunals are completely different to the County Court or High Court. This is just one example.  If you end up instructing a generalist, the lawyer may well persuade you that you need assistance from barristers. The solicitor will want to cover his or her own backside and may rely on barristers more than would be the case if they were a genuine employment law specialist. And guess who would be paying for solicitors and barrister’s fees? Yes, that’s you. Having stated our opinion on the value of instructing a genuine specialist, we also believe that there are still very good reasons to instruct someone locally if there is someone in your area who specialises. The relationship between solicitor and client is still fundamentally one of trust. there are few more important matters than matters which require the guidance of a solicitor. It is vital that you are content with the person you are dealing with and can gain ready access to that person for a face to face meeting if something important needs to be addressed or a problem arises. You simply won’t get that if you are in one city and your solicitor is in another. There is also the fact that if too few people use local services, sooner rather than later, there will be no local services. Experience suggests that once those local services are gone and we are forced to use call centres, we don’t like it, and want our local services back…. What do you think?
Can I do this or do I need a lawyer?
Going through a formal probate process doesn’t necessarily mean you have to work with a law firm.  In California, most estates can be settled easily with the guidance found in a self-help manual.  But it’s important to know if you’re dealing with a case beyond the scope of books like How to Probate an Estate in California. Estates that can be settled without the help of a lawyer are typically made up of common types of assets, such as houses, land, a mobile home, bank accounts, household goods, automobiles, collectables, stocks, money market funds, promissory notes, etc.  If the estate has more complex assets such as royalties from copyrights, or when there are questions as to the ownership of an asset or large, disputed claims against an estate, then the situation is more complicated and will most likely require help beyond the scope of a self-help book. To manage the probate process yourself, a few other factors should be in your favour.  For example, there should be no disagreements among beneficiaries; to settle an estate without complications and without a lawyer, you need the cooperation of everyone involved.  Keep in mind also that estates valued at more than $5.25 million will face federal estate taxes as well as estate income taxes – items that an experienced accountant can manage. The book, How to Probate an Estate in California, includes a checklist for settling a simple estate in California along with all the forms and a thorough explanation of each step.  As with so many other things in life, probating a simple estate is much like putting one foot in front of the other.  If you take it to step by step, paying close attention to the instructions, you should have little difficulty.