General Legal Legal

How a Garden Dispute Launched a Multi-Million Dollar Court Battle

0 Love this post.0

Have you ever found yourself frustrated with your neighbor? Whether they have a habit of playing their music just a bit too loud in the middle of the night or their dog/child refuses to give you a moment’s peace, chances are we’ve all had to face a frustrating neighbor at some point in our lives. But if you think blasting music is an issue, imagine your disdain when you discover your neighbor is trying to sue you over a tree in the backyard. Well, that’s just what one couple had to go through. The couple, who shall remain nameless for legal reasons, had been living in their new home for around 6 months with no issue. They had finally found their own little section of paradise when a letter came through the door that would turn their perfect world upside down over the next few years. One lovely summer day, the couple had come home from work to discover a letter inside their door addressed to them.

 

In it, they found a letter addressed to ‘The Couple in # 47’* (*house number has been purposely changed). In the letter, it explained how their next-door neighbor was getting frustrated with the growth of #47’s tree. They went on to say that it has been an ongoing issue and if it wasn’t sorted within the next week, the neighbor would be forced to take matters into their own hands. The couple scoffed at the letter and set it on their table. They wound up forgetting about it and a week had passed. If you’re looking to avoid mimicking this issue, why not keep your trees and your relationship with your neighbor in order by checking out tree loppers Perth for all your Australian tree grooming needs.

 

The couple had heard nothing and even began to forget about the letter when early one morning, they were woken by a loud crash. They didn’t worry and continued with their day; it wasn’t until later that week that they received an official court summons. The neighbor claimed that they had forced him to take matters into his own hands, and after trying to deal with the tree, he had wound up causing damage to his shed out his backyard and was wanting to sue the couple for damages. What followed was a ridiculous back and forth that cost both sides millions of dollars.

 

So, What’s the Moral of the Story?

The moral of the story is that no matter what the issue is, communication and proper research is key to solving any problem that may come your way. You can find out how the Australian laws work in your own backyard and can know for yourself what you’re entitled to. Keep yourself covered by staying with these laws and be cautious when exploring some of the grey areas.

Keep yourself knowledgeable of what you can and can’t do and who knows, someday you might be saving yourself from splurging on millions of dollars on legal fees.

Related

What are Consumer Protection Laws and Why are they Important?

The world of corporate law is a vast and often confusing world. And it is important for anyone looking to step into the legal world to be able to understand some of the more important aspects of it. To that end, we are going to be looking at consumer protection laws and why they are important. This guide will cover the topics in a basic manner, looking at the different aspects of consumer protection laws and why they are so important to, not only your legal career but the world as a whole.

The Basics

To put it simply, consumer protection laws do what it says on the tin. They are laws designed to protect consumers. But what does this mean? Essentially these laws look at making sure businesses are not price-gouging customers, protecting customer data, being truthful to customers and giving them a fair, proper customer experience. Things such as warranties and return policies are determined by consumer protection laws. Businesses can be hurt or even shut down if they do not adhere to these laws and individuals who run the businesses, can be fined, or even prosecuted for breaching these laws.

KYC

Know Your Customer, or KYC, is a method within the business world that is used to establish information about a customer. This system works two-fold, it benefits the business but also protects the customers. KYC is often a system that collects data from a customer, willingly, while they are using their business. This data is kept and stored and allows a business to tailor their experience to the customer, but also allows them to make sure a client is who they say they are. This is how KYC protects the customer. It is a system that stops fraudsters very early on. If a customer’s information has been stolen, KYC is used to make sure nothing fraudulent happens. Customer protection laws work their way into KYC. Businesses are required, by law, to make sure the customer data is secure and safe and not being misused for malicious, or fraudulent purposes. KYC can be handled on-site by a business or by an outside company. I tried KYC solutions from Fully-Verified.com and it proved to be an insightful look into how KYC works and was beneficial to my own company.

Importance

Why are these laws so important? They are not only designed to protect customers but also to keep businesses in check. Without these laws, companies would be free to do whatever they wish. They would be able to produce an advertisement that lies about products, meaning customers would not be getting the product they expect. This could cause a lot of harm, especially for products that have potentially life-threatening implications. Without these laws, companies would be able to sell faulty, or ineffective products, and not allow customers to claim on warranties or returns the products for a refund. This would essentially let scammers and fraudulent businesses run rampant. Without these laws, businesses would be allowed to use customer data however they want. They could sell it to whoever they like and cause serious harm to their customers.

The Next Step?

If you are interested in working in cooperate law, specifically in the field of customer protection laws, there are a number of ways you can go about it. There are a lot of active firms that are built around making sure businesses are adhering to these laws.  Watchdog organizations and the like are great places to look. It is also a good practice to look at how different countries handle their customer protection laws. For example, the EU has blanket customer protection laws for any company operating within Europe, even if they are based somewhere else.

Love this post.0

The 7 Most Important Advertising Laws You Must Know

Advertising law is often cited as one of the most confusing sections of the law to try interpret, this passage will attempt to break down some of the more confusing parts of these laws into simple layman terms. 

Telemarketing and Consumer Fraud and Abuse Prevention Act

The TAC act is meant to put a leash around telemarketing companies and stop any and all deceptive practices. This act was instrumental in protecting the consumer and eliminated many shady yet common practices. 

Telephone Disclosure and Dispute Resolution Act of 1992

This act requires companies to disclose possible dangers to children, and offer a transparent billing practice. This act changed telephone advertising and squeezed unsafe products out of the market. 

Fair Packaging and Labeling Act

The Fair Packaging and Labeling Act requires that all consumer commodities, apart from food and drugs, label their contents and their place of manufacturing. This does not include online services so take this example of a digital signage product from digitalframe0 this product would not require the company to list such things. 

Comprehensive Smokeless Tobacco Health Education Act of 1986

This act was perhaps one of the biggest in American advertisement history. This completely eliminated the opportunity for cigarette companies to advertise on TV and radio. The act also forced cigarette companies to place warnings on their packets, including health warning labels.  

Federal Cigarette Labeling and Advertising Act of 1966

Another important cigarette-based act was the Federal Cigarette and Advertising Act. This forced companies to report on the effectiveness of cigarette labelling, and also offer recommendations for new legislation. The Tobacco Education Act was actually based on the recommendations this act produced. 

CAN-SPAM Act

This act deals with companies that send unsolicited commercial emails. The act does not entirely ban the sending of such emails but restricts them to a strict set of guidelines. The act mainly deals with the banning of false information and aims to put a stop to deceptive subject lines. The act also offers a cash reward system for those who report deceptive practices, which eliminated immoral emails from the industry. 

Wool Products Labeling Act

This act aims to eliminate deceptive practices from the wool industry. Wool companies must now clearly label where the product was processed or manufactured. The wool company must clearly state if the wool was manufactured in the US or imported. 

Love this post.0

How Different European Countries Decide on New Laws

How Different European Countries Decide on New Laws

Law is an integral part of society today and you would be amazed at how many people don’t know the decision making that goes behind the rules that govern our lives. How many times have you wondered why that law is there? Or who came up with it, and why? Thankfully, there is a lot of information on Dutch lawfirm Le Poole Bekema explaining how European countries, such as Holland, decide on the new laws. There’s a lot more to it than just picking and it often takes years to establish new laws.

Many counties in Europe are part of the EU and this has a massive effect on the laws they implement. The European Commission proposes laws that are inside the EU’s parameters. That is to say, they are laws that the EU approve of. The level of scrutiny of these laws is then much higher because they not only represent that country but the EU as a whole. This means the laws are heavily reviewed, checked by professionals, and updated when necessary, all so that they are as effective as possible. Any new European laws are proposed by the European Commission. The laws are set up and refined by them so that the interests of the union are protected and as a result, it’s citizens. The European Commission will send a legislative proposal to the European Parliament and also the Council of the European Union who then must reach an agreement on the text for it to become an actual law.

A lot of people can have their say in the law-making process, including businesses, members of the public, public authorities such as the police, and stakeholders. This concept, known as better regulation, is a huge part of the process of creating new laws. It shows the European Commission actually listens to those that the laws will directly affect and it is usually evidence-based. It allows the laws to be put in place for the people to improve the things that really need to be improved. this helps the Commission to reach its target at a low cost and with less work going into the admin side. It shows people that they are being listened to and therefore feels more inclusive.

There are many ways interested members of the public and shareholders can suggest new laws, such as impact assessments, legislative proposals, elements of evaluations and fitness checks, or previous laws and roadmaps where the Commission demonstrates new ideas for policies or reviews of existing ones.

Passing Law

Whenever a law is passed, the Council of the European union can authorize the Commission to take two types of acts that aren’t legislative to ensure laws are implemented properly or updated if required. If it wasn’t clear by now, the Commission is solely responsible for ensuring whether the EU laws are applied on time and in a suitable manner.  That is why many refer to it as the Guardian of Treaties. If an EU country does not apply the law in the intended fashion or worse, doesn’t make the proposed legislation part of the new law at all, it will take steps to correct this. These steps may include holding formal infringement hearings, against the particular country. This has been known to happen in the past.

The benefit of the Commission is used to set up new European laws is it is monitored heavily. The EU laws are regularly evaluated to see if they have had the desired effect they were set up to do. the findings of the evaluation will encourage the Commission to decide whether or not the EU actions have any need to be changed. They really listen to the public as anyone is able to give feedback and take part in evaluations and checks on the laws.

The impact the EU has had on European laws is astronomical. Since the Second World War, the EU has intended to deepen its integration in search of a peaceful future and growth in the economy. By regulating European laws, they are able to help in a big way and ensure the public and businesses really get their voices heard. The European Parliament is the only elected EU body and they are the ones tasked with proposing the laws, implementing decisions, regulating issues, and representing the EU around the world. It may not be able to propose legislation but laws cannot pass through it without their approval. Currently, the leader of the EU parliament is Italian politician, David Sassoli.

The Council of Ministers, also known as the Council of the European Union, are the ones who also need to approve of legislation before it passes. They consist of government ministers from all countries of the EU and they are all organized by their area of policy.

 

Love this post.0

Leave a Reply

Your email address will not be published. Required fields are marked *