Lee Nian Ning’s Case. Some thoughts…
Firstly, my condolences to the families of Lee Nian Ning, Mohd Zailani Mustafa and Pang Poon Eng who perished in a recent bus crash which shocked the nation. In the horrific bus crash on 25.01.2008, 24 other passengers were also reported to have sustained injuries arising out of the crash. Many bloggers have written to convey their condolences and outrage over the bus crash - what more when they discovered through news reports that the bus driver, who escaped with injuries, had 13 outstanding police summonses issued against him. There is an ongoing effort to collect evidence and gather witnesses and victims together to file a claim against the bus company involved for the unnecessary deaths and injuries.
Based on whatever little information on Nian Ning that is available on the net and through the mainstream newspapers, I gathered that she was 21 years old at the time of the accident and was an medical undergraduate in the University of New South Wales under the Public Services Department scholarship. I presume she is still single and was not gainfully employed at the material time of the accident.
I believe that it would not be difficult for the family of Lee Nian Ning to establish legal liability in a civil suit against the driver of the ill-fated bus for negligence in controlling the bus. The bus company, as the employer and owner of the bus would be vicariously liable for the actions of the bus driver. As a passenger in the said bus, it could hardly be said that she had contributed to the accident. Therefore, the establishing of legal liability on the part of the driver and bus company should be the least of the family’s concern. Read more
Why You Should Be Represented By A Lawyer In A Property Transaction
I have come across many enquiries from potential clients asking if they could do away with a lawyer in a property transaction. More often than not, the reason for not wanting to engage a lawyer to represent them is due to the myth that you only need one lawyer to prepare the Sale & Purchase Agreement for both parties to sign. Indeed, it is a myth and has serious implications to the parties. In most cases, if not all, the parties are unaware that they should be represented by a lawyer in a property transaction. These are good reasons why you should be represented by a lawyer in a property transaction.
A Lawyer Cannot Act For Both Parties
Section 7(1) of the Solicitors Remuneration Order 2006 states that a solicitor may not act for more than one party in a particular transaction subject to some exceptions. It is commonly held that the party which the lawyer bills would be the party to whom the lawyer is representing. Though the other party may, by mutual agreement, contribute towards the paying of the bill, ultimately the lawyer is answerable only to the party whom he issues the bill to. Acting for a party is to be distinguished from the mere act of preparing miscellaneous documents, filing and / or witnessing the signature of the other party where there are no conflict of interests involved.
Protection Against Unfair Terms
Quite apart from the fact that under the law a lawyer cannot act for both parties in a property transaction, having a lawyer protects the client against unfair terms being drafted into the agreement. The lawyer is expected to explain all the terms drafted and the consequences of the terms so that the client would be fully informed of what he is getting himself into when he ultimately signs the agreement. Most agreements are drafted with legal jargons and it can be bewildering to the man on the street what these terms mean. For instance, it is common place to use the word “Consideration” in a property transaction which actually means “some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other” (Currie v Misa [1875] LR 10 Ex 153). In a sale and purchase transaction of a house, one party is willing to give away his house in return for monies being paid by the other. The “consideration” is the money for the house. Read more