Modifications are wonderful, but not always the best choice for homeowners who want to change the scope of a home’s design. There comes a point where some changes can become counter-productive. As mentioned above with the door and window modification, these are easy cosmetic changes. Requiring structural changes is where you begin to consider the limits of what can be done to the home plan design. There are two factors that always determine whether or not a design can or should be altered, the level of modifications, and the cost of modifications.

The Level of ModificationsNot all ideas are worthy of consideration when it comes to redesigning a stock plan. Although computers make it much easier to do plan modifications, making changes to a completed work is still a delicate task. If you have ever seen a set of plans, you know that it is packed full of information on every sheet including the floor plans, elevations and building detail drawings. This is also why you will notice a warning or disclaimer about making alterations to the design. A sample statement may say, “Any design changes should be performed by a qualified building designer, architect, or engineer, as even minor changes in one area of the design can lead to major problems in another part of the design”. This more or less advises you that forward and critical thinking is needed to avoid the pitfalls of making in-depth structural changes to the design.

Keeping the level of modification low is best, but knowing the extent by which a design can be modified determines if it is even a good idea to do so. A wish list to shift or move exterior & load-bearing walls, redesign the roof, move a room to a different location, and change a few other essential design components is a pretty extreme on level. First, making these changes together will completely redo the original design in many cases. Second, the effort put into it will require many hours of work in order to peel back the layers of the design to make sure all connecting parts and details are updated accordingly. In comparing this to a custom design, you are subject to spend just as much time in redesigning and updating the stock plan. So if you spend an absorbent amount of time in extensive modifications, guess what else you are going to spend a lot of, money.

The Cost of ModificationsIf the cost to modify a stock plan begin to rival the cost of a custom design, then you have two choices, either go custom or continue searching for a stock plan that require little to no change. On average, typical plan modification charges can range from several hundred to a couple of thousand dollars. This is in addition to the cost of the original plan itself and the work can usual be completed in as little as a day, or in the span of a few days. This also take into account that the modifications are moderate, lacking any serious design alterations involving major structural changes. By all accounts, these dollar figures and time frame are reasonable when we talk about modifying a stock home plan to meet your needs. On the other hand, if you feel that you have to make more design changes, then you may want to consider searching for another plan. You can be sure that your wallet will make you do so even if your heart ignore these limitations.

“Foreclosure can be defined as a process of recovering the amount of default from a defaulter on a loan either by selling or taking ownership of the property pledged as the security for the loan amount”.

Because of the recession period the economy is going through now unemployment huge debts and lack of accessibility to credits are making it very difficult for many families to pay their mortgage payments and they have no other go than to hand over the keys of their homes to lenders and walk out.

There are different kinds of foreclosures.

Home foreclosure: When a person borrows money from a money lender he is liable to pay the interest and the principal amount. When he defaults the payment the lender then takes possession of the house and this process is known as home closure. The lender then files a notice in the court called Notice of Default when the borrower defaults for more than 30 to 60 days to reclaim the property to recover the amount owed.

If a person owns a property he is liable to pay property tax. If the owner does not pay tax the Government places a lien on the property whereby the owner has to pay tax amount the interest and the penalty charge for defaulting payment. This process is known as tax lien foreclosure.

When a person takes loan for business by mortgaging commercial property and the business defaults the payment the property is sold for recovery of dues.

There are four steps of foreclosure:

The procedure of foreclosure varies from state to state but the process is almost the same.

When the owner defaults payments a Notice of Default is send to him. This is officially recorded by the bank. Usually it is not send when there is a default of one payment but several payments.

The owner can reinstate the loan. Just because the foreclosure process has started he does not loose the house now itself. He can stay in it and he can arrange for the money and repay the missed payments along with the late fees five days before auction of the house.

The date for foreclosure is set by the bank and it is usually around three months. Till then the owners can live in that house.

Though the owner can stay till the house is sold once the house is auctioned then the new owner will evict the present owner sometimes within 24 hours.

Foreclosed property is on the increase in America. Real estate has stumbled down and many Americans are not able to sell their houses and tend to loose their homes. 

 Currently the UAE real estate market is enjoying a boom and has been rated as the most active among all property markets in the GCC region.

The UAE property sector has grown considerably over the past five years due to several factors at the micro and macro economic levels like the population growth for instance which has touched 7 percent per annum.

From today till 2010 UAE do not expect any slowdown in property prices due to the gap maintained between demand and supply. 2010 and 2012 are the opening date of many projects and hence there are no possibilities of price reduction. It is believed that prices of real estate products will continue to increase during the coming years due to higher demand from expatriates and due to increased cost of labor and construction materials.

As per the property report released by Great Properties a Dubaibased real estate sales and marketing agency the UAE realty boom is likely to face a major roadblock which may seriously hinder the completion of projects across the emirates. The report states that the real estate market is more of investors’ market rather than buyers’ market due to which the realty prices have surged tremendously. The developers are facing high construction costs and delayed completion of projects.

The report reveals that the main reason behind such a scenario is the readymix concrete suppliers struggling with a huge backlog of orders due to immense shortage in cement supplies. Even the prices of cement and steel have gone up by 50 and 70 percent respectively last year.

This being an international trend will have its impact on real estate prices along with inflation and high demand. Another major concern for the contractors is the labour as rents of camps have increased during the past two years with the resulting costs too rising up to thrice the value of last year.

Further the report states that delay in delivery of new properties have led to further rent appreciation with the prices increasing by 40 to 50 percent during the past few years.. Most projects are still under construction and the next wave of supply will hit the market towards the year 2010 and this will bring about equilibrium in property prices.

The Report was undertaken by Management Advisory Services a key knowledge resource in the Middle East region together with Great Properties an expert marketing sales and post sales services agency for offering interested parties with decision making tools future forecasts and analysis of UAE realty market and guiding them with property investment opportunities indicating the factors that boost the sector.

Great Properties is currently working on several projects across the UAE. This report is their latest offering which aims to create a brief understanding of the UAE realty market so as to enable investors brokers and developers to remain better informed about market trends and current product prices.

The injured can rescind the contract, but it must be done within a reasonable lime.

4. ACT UPON CONTRACT

The second option is that the defrauded party may act upon the contract and may ask the other party to fiilfil [he Terms and conditions of the contract

3. SUIT FOR DAMAGES

The third opiion is that defrauded party can file a suit for damages

(4) MISREPRESENTATION

Misrepresentation means ^umis-staiemeni of fads In   other  worda_T it  means  to  conceal   the   facts deliberately about something in such a way that olher party ma> be induced and become ready to do the cpntract

CASES OOllSREPFEESEfrTATlON

(1)         Unwarranted statements

(2)       Breach of duty

(3)          Mistake about subject

A says to B that his cow gives 15 liters rnilk per day and induces to purchase his cow It turns out fhat cow only gives 5 liters milk So A is guilty of misrepresentation.

ESSENTIALS OF MISREPRESENTATION

(1)       The representation must be made without any desire. to deceive the other party   It may be express or implied.    

(2)      Misrepresentation must relate to the facts essentials

to the contract

(3)      The misrepresentation must have become untrue

(4)      The misrepresentation must have become the cause in inducing the other party enter into a contract.

EFFECTS OF MISREPRESENTATION ON THE VALIDITY OF CONTRACT

.L-  VOIDABLE

Incase of misrepresentation the contract is voidable at the option of the party whose consent is caused.

1,       ACCEPTABLE

The contract may be accepted by the aggrieved

party

(5)    MISTAKE

Any kind of fault regarding the facts of a thing for which contract is mads or provisions of law is known as mistake.

Seclion 20 ofthe Contract Act defines

“Where both the parties to an agreement are under & mistake as to the mailer of fart essential to the agreement the agreement is void ”

KINDS OF MISTAKE

Mistake of Foreign law

Mistake of Private Rights

1.       MISTAKE OF FACTS

When any one or both the parties to the contract are under mistake as to matter of Fact, essential to an agreement, it is known as mistake of fact and is of kinds

When both the parties to an agreement are under a mistake as [o a mailer of fact, essential to an agreemenl, it 15 bilateral

(ii)       UNILATERAL MISTAKE

When only one parly utkfar is under a mistake as to
Ihe matter of fact, it is unilateral mistake.

2.       MISTAKE OF LAW

 MISTAKE OF PAKISTANI LAW

Any mistake regarding the provisions of any law enforceable in Pakistan is a mistake of Pakistani law. According to section 21, a contract caused by such mistake is valid because it is supposed that every one knows law of his country.

MISTAKE OF FOREIGN

Any mistake as to law not enforceable in Pakistan is mistake of foreign law and has the same effect as the mistake of fact According to section 21, when bom the parties to the contract are under mistakes as t.o foreign law, the contract is void.

MISTAKE OF PRIVATE

A mistake of private rights is treated as mistake of facr and is excusable If a contract is made in ignorance of private rights, it would be void.

Q. DISTINGUISH BETWEEN CO-ERCION AND UNDUE INFLUENCE?

DIFFERENCE BETWEEN COERCION AND UNDUE INFLUENCE

L ft   BY MEANING

(a) In case of coercion, one party obtains the consent of the other party by threatening him or putting physical pressure on him. .

(b) In case of undue influence, one party has dominating position over the other party.

(a)       Coercion is forbidden by Pakistan Penal code.

fb)       About undue influence Pakistan penal code *s silent (3

(aj       In case of coercion, consent is obtained by physical

pressure.

(b) In case of undue influence, consent is obtained by moral pressure

(4} PRESSL’SING PARTY

(a)       Any party who may not be of the contracting party may apply coercion

(b)       Undue influence is used only by the contracting party.

When you are dealing with federal drug charges, you are experiencing a completely different world than you would with simple possession. Federal investigators and prosecutors are extreme and have the time, money, and ability to investigate the evidence against you – and they will use it all. You are not going to get off because someone doesn’t show up to court or evidence was lost. These people are organized, experienced, and they want to give you the worst possible punishments. 

No matter what, they are not on your side. You will want to hire a federal criminal defense lawyer who has experience in drug cases, going to court, settling out of court, and actually showing up for their clients.

Some lawyers will suggest only settling out of court because that way you “get a better deal.” This isn’t necessarily the case, especially if there are other, more high profile cases that take precedence over yours. It is critical that you call a lawyer that you can trust – which means they get to know you and your case.

Drug Trafficking – Facing Allegations

Drug trafficking is one of the most serious crimes that you can be charged with, and it requires you to be organized and ready to fight. While federal drug trafficking is often talked about as simply the sale or distribution of drugs, it can also include the following: cultivation, possession with intent to distribute, conspiracy to distribute, financing manufacturing, financing sales, transportation, and of course, the sale of drugs.

Sometimes, the charges will hinder on the amount of drugs involved as well as the type of drug. Everything really depends on your case, which is why finding advice online may be so difficult. 

Federal Drug Trafficking Charges Penalties

With any drug offense, there is a span of penalties that someone may face, depending on the type of drug that was found and the quantity of that drug. Penalties can range from five to 40 years in prison, and, in the most extreme cases, up to $30 million in fines. Often, the highest penalties are reserved for extremely large amounts of PCP, methamphetamines, heroin, fentanyl, cocaine, and prescription drugs.

If you have been charged with drug crimes before now, you are more likely to face punishments and penalties at the higher end of the spectrum.

How To Fight Federal Drug Trafficking Charges

Federal drug trafficking charges are hard to fight, but they are not impossible. With the right lawyer, you may be able to prove that you weren’t aware the drugs were in your possession, you weren’t going to sell them, you were transporting them under duress, or any other reason why you should not be charged with drug trafficking.

You may also want to talk to a lawyer who has experience in long-term federal investigations relating to drug trafficking, including international drug rings. It is critical for your future to have the right lawyer, or you may never be able to live a normal life again.

Remember that even if you are guilty, you do not deserve to be made an example out of – you are a human being and there are reasons for making the choices that you made. You deserve to give yourself, your loved ones, your family, your friends, and anyone else in your life the chance to live life fully and openly – do not sit back and take what is coming your way.

1 *Agents that are rude. Sellers often pick these agents under the mistaken impression that it will benefit them because they have a “tough agent”. But in most real estate markets, other agents typically don’t want to deal with them and are less likely to show their listings. Additionally, when buyers run into a rude listing agent, they are more inclined to come away with a negative impression of the property.

2 *Agents that make it more difficult to show their listings. In most states agents, can put a lockbox on a house. Some agents in these states will put in the listing that you have to make an appointment with the listing agent. Since the buyer’s agent has to call and make appointment instead of just showing the listing, this dramatically cuts down on the number of showings these sellers receive.

3 *Agents that only work as real estate agents occasionally. While it seems like a good idea to use your brother’s friend that has sold 3 houses in the last 5 years, it’s probably not. These agents don’t know the market as well as a full time agent. Additionally, they don’t understand what is typical in a real estate transaction in your region and an experienced buyer’s agent can use this to their client’s advantage at your expense. If you were going in for a root canal you would not want to use a dentist that has only seen 3 patients in the last 5 years. In the same way, you don’t want to hand over the sale of your largest asset to someone that is inexperienced.

4 *Agents that are so desperate they try and steal clients away from every agent that shows the house. While this is rarely successful, it does make an agent think twice before showing the listing to another client knowing there is a hungry vulture waiting there for them.

5 *Agents that don’t work on the weekends. Real Estate is a 7 days a week business. If your agent is not answering the phone on the weekends, you can expect that the number of showings you will receive is going to be cut down. Sometimes buyers are in from out of state for the weekend and are planning on making an offer while they are in town. They usually narrow it down to two or three properties. While your agent does not return calls about your property over the weekend, the listing agent for the other property probably will answer the buyer’s questions about their client’s property. When it comes time to make an offer, the buyer is going to make an offer on the house they know more about and feel more comfortable with.

6 *Agents that have a bizarre set of rules that is atypical for the industry. This can come in many forms. Some agents want all correspondence with them to be done by fax instead of telephone or email. If the option fee is usually $100 and your agent is demanding $500 you can expect that their eccentric rules is turning away potential buyers. Being eccentric is great with art, but in a real estate transaction, it usually makes people wary.

7 *Agents that don’t take photos of your property. There is no good excuse for not taking photos of your property. If your agent is only going to take 1 or worse 0 photos, it’s time to find a new agent.

8 *Agents that don’t have a website. As real estate has become more of a business based on technology, with buyers looking online for houses, and more of the real estate transaction taking place through email, you want your agent to be operating in the 21st century. If your agent doesn’t have a website it’s a good sign that they are still practicing real estate in the age of dinosaurs.

Tulita Smalbach lives and works in Cartagena de Indias Colombia. Working as a realtor in the Cartagena de Indias Real Estate market. Inmobiliaria Cartagena  is dedicated to providing its clients with honest and experienced advice when they are looking to purchase in the Cartagena de Indias market . If you are looking for lands (venta de lotes industriales en Cartagena de Indias Colombia) or any other property (lotespara comprar en Cartagena de Indias Colombia) they can help you in your search through the next link:inmuebles en Cartagena Colombia

Serious cruelty provisions

In NSW, animal cruelty offences are legislated under the Prevention of Cruelty to Animals Act (1979) (POCTAA). Under s5, a person shall not commit an act of cruelty upon an animal. Cruelty is defined as any act of which the animal is unreasonably, unnecessarily or unjustifiably beaten, kicked, killed etc[2]. However, in 2005, the NSW government brought in the Crimes Amendment (Animal Cruelty) Bill 2005 which added animal cruelty laws into the existing Crimes Act (1900)(NSW). The amendment was introduced to deal with the worst examples of animal cruelty, that is, cases where offences are committed with the intention of inflicting pain on the animal in circumstances that amount to serious instances of animal cruelty, such as torture, and where the animal is killed, seriously injured or experiences prolonged suffering.  The amendment was also introduced in response to several incidences of offenders intentionally inflicting injury on dogs and horses used by the NSW Police.

Under POCTAA, the RSPCA and the Animal Welfare League (AWL) prosecute the matters with no involvement of the police, however, a new amendment to the Law Enforcement (Police Powers and Responsibilities) Act 2002  has meant that persons suspected of serious cruelty offences can be prosecuted by the police and welfare groups together. This guarantees that a guilty person’s fingerprints would be taken and a subsequent notation made on their criminal record which did not necessarily occur under POCTAA[3].

The elements of the offence

As previously mentioned, Vanderschoot is the first person convicted of the serious cruelty provision under the Crimes Act. He is not, however, the first person to be charged with the offence. In Larobina v R[4], the accused was charged after he and the co-accused injected a ferret with an unknown substance. The accused was convicted at the Magistrates Court but was overturned at the District Court after the prosecution failed to make the charge under the correct provision. Being an untested provision, the appeal in Larobina v R concerning the elements of the offence. Therefore, if prosecutors are struggling with the concept it certainly warrants a detailed investigation.

Under s530, in order to be charged with serious animal cruelty a person must express the intention to inflict severe pain by torturing, beating or committing any other serious act of cruelty on an animal, and also, kill or serious injury, or cause prolonged suffering to the animal. As with any piece of legislation, statutory interpretation is needed to determine the components that are necessary to be made out by the prosecution.  There are three elements to s530(1) of the Crimes Act. There must be:

1. an intention to inflict serious pain
2. an act that was committed upon the animal
3. xwhere the animal is killed, seriously injured, or had suffered for a prolonged period

For the offence to be made out, these 3 elements must be proven beyond a reasonable doubt by the prosecution[5]. The maximum penalty for this offence is imprisonment for 5 years.

No jail time

Magistrate Corry said the defendant had “caused severe injuries” to Bouncer and “allowed it (sic) to suffer unnecessarily for hours with its throat cut[6]”. Vanderschoot was found guilty so presumably satisfied the 3 elements of the offence. Despite this, Vanderschoot received a 12 month intensive corrections order to be served in the community, subject to strict conditions. In sentencing, the magistrate considered the defendant’s age and a psychological report presented to the court[7]. Maximum penalties are rarely even given during sentencing so it was unlikely that Vanderschoot would have received 5 years. In sentencing, a magistrate can take into account, the nature and seriousness of the crime, the circumstances of the offender, the need to deter the convicted offender from committing further crimes, and the need to deter others from committing similar crimes.  This case was heard at the Magistrates Court and therefore is not reported as in the higher courts. However, it is obvious from the sentence that the magistrate put more weight on the circumstances of Vanderschoot rather than the seriousness of the crime[8].

While recognising the importance of rehabilitation, it is hard to reconcile that Vanderschoot was found guilty of serious animal cruelty and not is not serving his sentence in jail. A person who commits this type of offence should be separated from the community to protect the public, as with any other violent crime. A 2002 study was the first to demonstrate the significant association between animal cruelty,anti-social personality traits and polysubstance abuse[9]. There is also evidence that animal cruelty and lead to bullying[10], child abuse, and other violent crimes including murder[11].  The seriousness of animal cruelty is undeniable and needs to be addressed by the judicial system.

Finally, it is worth mentioning again that as this case was heard at the Magistrates Court, and has no precedent value. This means that the appellate courts will take this judgment into consideration but is not binding. Therefore, this decision does not necessarily mean that every person guilty of serious animal cruelty will receive this sentence.  Its is within the judge’s discretion to give a greater or even lesser sentence. This being said, Bouncer, who has now recovered, deserves better.  As does the AWL Vets and Vet Nurses who put him back together, the inspectors who investigated the offence, and the AWL, and DPP lawyers who prosecuted the matter.

Under s9A of the Animal Welfare (Factory Farming) Amendment Bill 2013 it is an offence for a person to keep a laying fowl in battery cage. A battery cage is defined as a cage that does not allow the fowl to fully stretch, perch, access litter, and lay eggs in a nest. Furthermore, under s9C it is an offence for a person to remove or trim the beak of a fowl for a non-therapeutic purpose.

Practices such as the use of battery cages have been described as “legalised animal cruelty”[2]. My concern is how the new laws banning battery cages going to be enforced when the Animal Welfare Act 1992 (AWA) in its current state is poorly enforced? I understand that there should be a distinction between legal animal production procedures and animal cruelty, but the issue of enforcement is relevant to both.

In the ACT, the AWA empowers inspectors to promote and monitor acceptable standards of care, and protect animals from cruelty or welfare offences[3]. Inspector may enter any property, inspect a premises, and seize any animal if the inspector believes it necessary to do so[4]. In terms of penalties, the maximum penalty for an act of cruelty under the AWA is 100 penalty units ($14,000[5]), imprisonment for 1 month or both[6]. In the ACT, the Territory and Municipal Services Directorate (TAMS) is the lead agency for animal welfare and administers the AWA. The Executive Director of the Parks and City Services Division in TAMS is appointed as the ACT’s Animal Welfare Authority[7] and consists of three inspectors from RSPCA ACT, six officers from TAMS and all sworn Australian Federal Police officers were authorised as inspectors under the Act[8].

Animal Welfare Prosecution Statistics

There is little doubt that RSPCA inspectors are hard-working, dedicated people in a very difficult situation. However what I find concerning is that in 2011-2012, the RSPCA National Statistics reported that RSPCA ACT investigated 1437 cruelty offences with only 2 successful prosecutions[9] (0.05 prosecutions per 10,000).Furthermore, there were no routine inspections in the ACT when in other states inspections were routinely done on feedlots, intensive farms, and abattoirs. For a comparison, RSPCA NSW did not fair much better investigated 14445 cruelty offences with 64 prosecutions (0.08 prosecutions per 10,000).

EU ban on battery cages

The new legislative changes in ACT are in step with the prohibition of battery cages in the European Union (EU) under the Council Directive 1999/74/EC. Switzerland was one of the earliest countries to incorporate the Directive into national law by amending the Swiss Animal Protection Ordinance 1981[10]. Switzerland’s prosecution of animal welfare offences varies from canton to canton with the national average of 1.85 per 10,000 persons. In 2012, Valais prosecuted 9 offences (0.28 per 10,000), Fribourg prosecuted 26 offences (0.89 per 10,000), and Neuchâtel prosecuted 28 offences (1.6 per 10,000). The Swiss champion of animal welfare is the canton of St Gallen with 248 prosecutions (5.09 per 10,000)[11].

Australia should be prosecuting more offenders

So why the discrepancy between the rates between Australia and Switzerland? Firstly, animal welfare has been enshrined in the Swiss Constitution by stating that in relation to non-human gene technology the “dignity of living beings” be taken into account[12]. Secondly, the Animal Protection Act[13]  and the Animal Protection Ordinance[14]are federal animal welfare regimes which are enforced by each canton. The reality is that Australia is not ready to recognised animals in its Constitution at this point. However, In order for Australia to improve animal welfare there must be a uniform national approach as in Switzerland. It is also important that this Commonwealth legislation removes terminology such as unnecessary[15] or unjustified[16] pain.

The RSPCA of each state investigate over 1000 cruelty offences each year and they do so when it is reasonably necessary. The fact that prosecutions are low must be attributed to argument that an offender can raise as to what is unnecessary pain. The new ACT laws ban specific acts and do not allow for this “wiggle room”.  Therefore, when the new laws come into full effect in 2017 it will be interesting to see how they affect prosecution rates. There will undoubtedly be some producers who do not comply with the new laws, but will they be investigated and prosecuted?

If prosecution rates remain at the same current low levels legislators will have to address whether more personnel or funding is needed for investigating or prosecuting, or even changes as to what is required to prove an offence.  If there is no change in prosecution rates then the new laws should be considered ineffective because although the legislation bans horrific practices it has not provided any mechanisms to monitor its implementation or given inspectors greater powers to enforce and prosecute when it is breached.