| The consequences of your actions |
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It seems as if the ordinary person sometimes shows an indifference to the consequences of their actions. Keep in mind that almost every action taken by a person constitutes a legal action, which may have legal consequences for that person or other citizens. To illustrate, the following: the ordinary person enters into several contracts every day - a contract with legal implications is formed, even if a person buys an item of little value. It goes without saying that certain legal actions have worse consequences than others, but every transaction should be well-considered in principle. It is advisable to maintain a healthy working relationship with one's attorney/legal advisor. No legal advisor may claim proficiency, but your attorney has a legal background and legal experience, positioning him/her in a far better position from where to evaluate your legal position and to advise you accordingly. One may go as far to suggest that it will always be more cost-effective to approach your attorney for advice, in order to lay the foundation of the planned legal action, for example entering into a contract, before you start legal action. A verbal agreement is as binding as a written agreement. When disputes arise (they do arise quite often!) the disadvantage of having a verbal agreement comes to the fore, because it is far more difficult to proof the terms of a verbal agreement. The party claiming certain stipulations were part of the verbal agreement, need to prove it. This entails testifying in Court, where the Court must decide which terms were indeed part of the contract, on the grounds of the credibility of the witnesses as well as probability. If the agreement was in writing, the above mentioned problem would have been avoided and the dispute could have been limited to whether the contract was fulfilled or not. In this way the parties could have avoided an appearance in Court, resulting in limiting the client's legal expenses. The same principle as illustrated above is applicable to the whole spectrum of legal actions, for example: wills, the forming of trusts and companies, etc. |
