Basics of Navigating the Digital Millennium Copyright Act (“DMCA”)

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

· A detailed description of the copyrighted work you believe is being infringed upon;

· A description of the location of where the alleged infringing content appears;

· Your contact information (including name, address, telephone number, and email address);

· A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;

· A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and

· An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the takedown has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

For more information, you may want to contact a DMCA attorney with experience in DMCA compliance, copyright policies, and DMCA takedown notices.

Disclaimer – As with any discussion of legal topics, this article is intended to be educational only, and is not a substitute for legal advice, nor does it provide legal advice or form an attorney-client relationship with the reader. Please seek legal counsel before making any decisions. Also, please note that this article will likely not be updated, so the law and circumstances may have changed by the time you have read this article.

5 Benefits of Getting Formal Training in Self-Defence

Despite slogans like ‘woman empowerment’ and ‘gender equality’, women do not always feel safe while alone on a road. Whether it is a lonely street or a busy one, women often fall victim to physical attacks, sexual assaults, etc. This is what most newspapers bring to us on a daily basis and is to an extent true in most cases. To combat such encounters, not all women are equipped with necessary gear and abilities to tackle them and, therefore, being trained for self-defence techniques can help them fit the bill. Self-defence techniques involve methods to protecting the body from miscreants and ensuring that they cannot cause more harm.

When talking about self-defence, women and children often come to mind but it is something that is can be learnt by one and all. Several training institutes impart training on such techniques and ensure that the participants get to implement them in their lives whenever required. While you enrol yourself to avail training, you can be beneficial in several ways.

• Better confidence levels – While you are midway learning the necessary skills, you would notice high confidence levels in yourself. You would be able to approach people in a better way rather than being meek and underconfident when it comes to approaching people and their nuisance.

• Makes you disciplined – While you are attending the classes regularly and ensure the fact that you learn the necessary skills, you would notice a sense of discipline in all the aspects of your life. You would want to do everything on time and in a perfect way.

• Better health conditions – While you practise these lessons on a daily basis, you would notice a consistent improvement in your health. You would have better abilities to digest and would notice the absence of excessive fat on your body. You would have stronger muscles and bones and have organs functioning better to fight diseases.

• Improves your sense of street-awareness – While you are out on the road and an attacker or miscreants attack you, you would be in a shock for a split second but would know how to deal with the person with the necessary action. You would also know how to handle grave situations when the same arises with a friend or a pedestrian next to you.

• Makes you look at life in a better way – With the emotional pressure and stress that you receive on a daily basis either from your workplace, family, education, etc., you often tend to lose hope in life. While you learn these lessons, you would look at life in a better and positive way and often stay ready to take life the way it comes by.

Trademark Registration Timeline

Trademark registration applicants should normally grant at least 12 to 18 months to register a trademark. Enrolling a mark includes your trademark application continuing through different phases of the trademark application process. A trademark lawyer can give brand help with all parts of the trademark documenting including

1. Mark configuration

2. Reviewing on a trademark search

3. Educating you on the means to getting a trademark or the cost to enlist a trademark, all of which improves the probability that you get a trademark.

The Examination Process

1. The trademark legal counselor surveys the trademark application and decides if the stamp might be registered under

a. United States Patent, and

b. Trademark Office (USPTO)

2. Ought to the USPTO trademark legal counselor choose not to register the mark, he will issue a letter clarifying the purposes of refusal.

3. The applicant must react to any objection within six months, else the trademark application is esteemed surrendered.

4. Registering a Trademark or trademark lawyer can help you effectively battle this underlying refusal.

The most widely recognized reason for the trademark legal advisor from the USPTO to reject a trademark is the probability of confusion in the mark of the applicant and a formerly registered mark or that the mark is just expressive in connection to the applicant’s goods and services.

Publication for Opposition

1. The second stage for trademark registration is the publication for opposition.

2. On the off chance that the USPTO trademark legal counselor raises no protests to registering a trademark, or

3. If the application passes all objections, the USPTO trademark lawyer will favor the mark for production in the Official Gazette.

4. The USPTO trademark lawyer will send a Notice of Publication to the applicant expressing the date of publication.

5. Any gathering who trusts it might be harmed by registration of the mark has 30 days from the production date to record a request in order to extend time to oppose. In the uncommon occasion of a restriction, a procedure like a trial is held to decide if the resistance depends on substantial grounds, for example, the candidate’s mark being confusingly like the opposer’s mark. On the off chance that no opposition is documented or the restriction is unsuccessful, the trademark search application develops to a registered mark or gets a Notice of Allowance.

Registration or Notice of Allowance

The third stage of registering a trademark is the issuance of a trademark registration or Notice of Allowance. On the off chance that the trademark application was for a mark effectively utilized as a part of the business, the USPTO trademark lawyer would register the mark and issue a registration certificate by and large around four months after the date the mark was published.

If the trademark documenting depended on an Intent-to-Use premise, the USPTO trademark lawyer will issue a Notice of Allowance around four months after the date of publication. The candidate at that point has a half year from the date of the Notice of Allowance to either

Utilize the mark in business and submit a Statement of Use, or

Ask for a six-month augmentation of time to record a Statement of Use. On the off chance that the Statement of Use is documented and affirmed, the USPTO trademark lawyer will issue a registration certificate.

The Paradox of Prana & Citta

One of the fundamental principles of Yoga/Qigong practice is that prana (energy, life-force, qi) follows citta (mind, intention, focus). You can experiment with this, right now, by closing your eyes (after you read the rest of this paragraph!), and then placing as much of your attention/focus into one of your hands (say, your left hand) as you can: as you inhale and exhale, think of sending waves of love or kindness or joy (or some other up-lifting quality) into your left hand. Breathe and focus in this way, on your left hand, for a minute or two, or longer … and notice what happens, notice how the feeling in that hand begins to transform, as it “fills” with love/joy/kindness. Perhaps you’ll notice it feeling a bit warmer, or notice a tingling sensation, or a feeling of heaviness, or a feeling of the fingers being a bit swollen. Perhaps that hand will begin to sweat, or feel cold or clammy. Each person’s experience will be different. But what our various experiences will likely have in common is that we’ll notice that our left hand has become, almost magically, more “alive” ~ we’re able to feel it in a more clear and immediate way.

What we’ve just experienced is “prana following citta”: we placed our mind/attention/focus (citta) on our left hand, which generated a flow of energy (prana) into that hand, creating new and more potent sensation, of some sort. We see this principle at work in every aspect of our lives: when we’re focused on something (a project, our work, a relationship), our energy flows into that activity, and it tends to grow …

Part of the process of a Yoga/Qigong practice, then, is to become more & more conscious of this mechanism ~ of prana following citta ~ so we’re able to use it in ways that are supportive of our practice. One aspect of the “paradox” of prana & citta is that while this relationship can serve us in powerful & pleasant ways, it can also ~ when it’s operating unconsciously ~ be our greatest nemesis. For energy flows not only into fields/patterns that we consciously choose to focus on, but also into fields/patterns of mind/citta which we are unconsciously “focused” on, and hence perpetuating/giving energy to. These are the samskaras (past-life tendencies) which we work/play to unravel (make conscious) within the context of our practice.

Another paradoxical aspect of this relationship is that the inverse of the original “formula” can also be true, i.e. not only can “prana follow citta” (the basis, for one, of Yuen Method work), but it’s also the case that citta/mind can follow (be influenced or shaped by) prana/energy. Which is why asana practice, as well as any form of energy-body “healing” (e.g. acupuncture or Reiki), can work not only to transform our physical & pranic bodies, but can also, in the process, transform mental patterns ~ can shift our whole outlook or “attitude” in a way which then (cycling back to the original formula) has new effects on our energy-bodies …

So once we’re able, as practitioners, to bring body, mind & breath (like a beautiful golden braid) into a conscious relationship, what is the most skillful way to use this yogic axiom: prana follows citta (and citta follows prana)? And here, once again, we find paradox … On the one hand, wouldn’t we want to choose, always, to focus on and therefore support/”feed” only the “positive,” only what is “good” or balanced or healthy? “Keep your mind focused on the positive” is advice that forms the core of many a yogi/yogini’s daily life and practice. Yet if this is our only technique, how will those “negative” patterns (that are wreaking havoc from the unconscious planes of our existence) ever be transformed?

The Vietanmese Zen Master Thich Nhat Hanh gives the following advice to his students, on this point … When we’re beginners, he says, it’s most skillful for us to give energy to, to nourish & support, what is healthy & balanced within us. Especially valuable to cultivate is what in Buddhist language is called the “energy of mindfulness” ~ a spacious, vibrant “awakeness” (a fully-awakened citta). We use this energy of mindfulness, then, to “touch” or nourish (to pay loving attention to) those “positive” qualities which we wish to augment. And if, on a regular basis, we’re able to focus our attention on the positive, what we’ll notice happening also is that many of our “negative” qualities will ~ simply by not being given our attention, not being “fed” ~ quite naturally dissolve …

But not all of them! Which is why as we become more advanced in the practice, and our energy of mindfulness becomes strong, it is appropriate to begin to use our energy of mindfulness to “touch” (or invite into our conscious mind) not only the “positive” within us, but also the more “negative” or “stuck” aspects of our bodyminds. So, for instance, at this point ~ once our “mindfulness” is strong ~ we could choose to embrace, with our mindfulness, the mental/emotional pattern called “anger” … And to the extent that our mindfulness is strong, its energy will begin to transform, unwind, release those “anger” patterns. Eventually, when our mindfulness is quite bright … merely shining its light onto these dark/stuck patterns will be enough to “liberate” them, instantaneously. (Much like the “darkness” of a room is gone completely once we turn on a light!)

And as our practice becomes quite advanced ~ our energy of mindfulness very bright, the braid of body, mind & breath quite coherent, fluid & fluent ~ our Presence (awakened prana/citta) will begin to have affects not only on our “own” bodymind, but also the bodyminds of those with whom we interact … a wonderful (though not always immediately “pleasant”) gift we’re able to give to “others” ~ a lovely form of service … Grown out of the resolved & un-resolved paradoxes of ….

prana follows citta

Dissipation Claims in Illinois Divorce Cases

In determining how to divide property in Illinois divorce cases, judges are directed by 750 ILCS 5/503(d), which sets forth a number of factors that affect how marital property may be distributed. The second of these factors that the Court may consider is the dissipation of marital assets by either party. “Dissipation” has been defined by Illinois appellate courts as the use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irreconcilable breakdown. One common form of dissipation is spending marital assets on a new girlfriend or boyfriend while still married.

In the past, dissipation claims in Illinois were often used as a form of leverage to gain a more favorable settlement agreement. As a divorce case came to trial many divorce attorneys would present various claims of dissipation as a method of increasing their claims to the marital estate. This form of litigation had the effect of creating an enormous amount of work for each side in the days and weeks before the trial. Often times the dollar amount of the claimed dissipation would be dwarfed by the legal fees required to defend against the claims.

Fortunately the Illinois legislature recently amended the statute governing property distribution (750 ILCS 5/503) with respect to the making of dissipation claims. There are now specific requirements and deadlines that must be met in order to make a dissipation claim. Section 503(d)(2) of the Illinois Marriage and Dissolution of Marriage Act now provides as follows:

(2) the dissipation by each party of the marital or non-marital property, provided that a party’s claim of dissipation is subject to the following conditions:

(i) a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later;

(ii) the notice of intent to claim dissipation shall contain, at a minimum, a date or period of time during which the marriage began undergoing an irretrievable breakdown, an identification of the property dissipated, and a date or period of time during which the dissipation occurred;

(iii) the notice of intent to claim dissipation shall be filed with the clerk of the court and be served pursuant to applicable rules;

(iv) no dissipation shall be deemed to have occurred prior to 5 years before the filing of the petition for dissolution of marriage, or 3 years after the party claiming dissipation knew or should have known of the dissipation;

Since the amendment of the statute, Illinois attorneys and parties planning to make a dissipation claim now have a deadline by which they must serve a notice of intent to claim dissipation as opposed to waiting until the day of trial. The notice must also give a description of the property dissipated, when the marriage broke down, when the property was dissipated and it must be filed with the Court. Finally, no party may make a claim of dissipation that occurred more than five years before the divorce filing or three years after the claimed dissipation.

The new statute will hopefully end the “trial by ambush” method of making dissipation claims while still allowing for legitimate dissipation claims to be brought before the trial courts. There are in fact many legitimate dissipation claims that should be brought before the court. It is, therefore, critical that your Illinois divorce attorney be aware of the amended statute and the technical methods by which a dissipation claim must be made.

Clutter and Hoarding – How to Resolve Shame Issues

When you look at a pile of clutter, what thoughts are you thinking? From this moment on in this article, before you answer that question, I’d like you to imagine yourself doing a task you really enjoy doing. Happily see yourself in that image. Notice that you feel calm and relaxed and happy doing your very favorite thing.

A Technique To Feel No Shame About Clutter

Now, as you feel very happy flying that kite or reading a book or just dancing to your favorite music or whatever, also notice what you are thinking. You are thinking something like, “Wow! This is FUN to do!” The main thing you are thinking is that you LIKE what you are doing.

Now, look at a pile of clutter. Then, say something nice about you. Ignore any thoughts or feelings of shame. You could say something like this:

“I notice a pile of clutter. And what’s good about me is …………”

There, you impersonally described a pile of stuff. AND you said something nice about you. One step at a time, say something respectful and kind about yourself AND something impersonal about the clutter. I’m asking you to declutter your mind of shame thoughts when you see clutter. Will you be willing to do that? If so, act gentle with yourself.

Practice the Technique

All right, here we go. Practice impersonally reporting some clutter you see AND saying something kind about yourself. You might say something like this, “I see a pile of clutter. And I like who I am.”

How do you feel inside when you choose to impersonally express what you see AND say something nice about you? Good?

How It Works

Each human thinks his or her own thoughts. We actually freely think any thought we think. Whatever you are feeling right now, it is because you are first thinking a specific thought. After we think thoughts, we then FEEL some effect in our physical bodies. So, will you choose to think kindly about yourself? If so, you can then feel better inside.

There is actually no benefit to you if you tell yourself to feel shame about working with a clutter situation. Look at your past habit of collecting clutter. Now, think about some progress you’ve enjoyed in a declutter moment. When a person INTENTIONALLY chooses to see PROGRESS, that person feels more inclined to declutter again.

Keep encouraging yourself to declutter. If this was a difficult exercise for you to do, you might consider getting help releasing emotional obstacles through a therapist or hypnotherapist who specializes in clutter and hoarding.

The One Expense of Home Ownership That Is Rarely Mentioned or Disputed

Owning a home is definitely an expensive affair, as property taxes can be extremely burdensome. Annual property tax bills tend to rise steadily over time and that’s the reason behind paying the hefty amount paid in property taxes. The taxes keep coming even after paying off the mortgage, which makes it an infinite expense. Most home owners end up paying more at the end of the day and they don’t even understand how their property tax is calculated! Most home owners take their tax assessment at face value and the sad reality is that their property may be over assessed! Now, it is really important to know how your property taxes are calculated so you can take necessary steps to save your hard earned cash without paying a dollar more than you should.

Step 1: Know the process: Local government in your province/state will send a notice within the first few months of the year, although the schedule may vary. You will get a specific contact number with the notice, outlining the steps needed to challenge your assessment usually in the form of phone, email, or fax. There you can get all the details related to making an appeal within a specific tenure of time during which you may challenge or file a case. This time frame varies in different provinces/states, so make sure you are on time. In some provinces/states the time frame is 2 weeks while in others it may be up to six weeks or 90 days. However, the one thing you need to consider is the closing time of the appeal window. You should not miss it under any circumstance as it could seriously hurt your ability to appeal the property assessment or tax.

Step 2: Know your property assessment details: Make a request for your property tax card and review it. The property tax card always comes with the assessment notice and the best part is that most jurisdictions allow you to access it online. You can also ask for a copy of the property tax card from the local property assessment body.

The property card includes information used by the assessment to determine the assessed value of your home such as; the size of your property, the number of bedrooms and bathrooms along with the lot dimensions, primary structure information, access, secondary buildings (such as a garage), etc.

It is really important to check the card very carefully and if you find any mistakes in the assessment then you should immediately request a change and appeal the property assessment before the deadline. At the end of the day it is your hard earned money and you don’t want to waste it without reason.

Step 3: Get a professional’s advice: It is a very obvious fact once you delve into the world of assessment that you won’t know everything about property assessment and that’s the reason it is really important to take a professional help who can find all the hidden issues and guide you through a proper channel, so that you can easily avoid paying additional property tax. Another aspect that the professional will provide is knowledge of the area and the ability to find comparable properties, as well as building a case for you as support in a property tax appeal.

Remedies in Conveyancing Where the Other Party Appears Reluctant to Complete the Transaction

REMEDIES

Supposing you are a lawyer acting for a party in a conveyancing transaction but the other party to the contract is showing a marked reluctance to complete the sale. This could be due to any number of reason e.g. buyer has changed his or her mind about buying the property or the seller has found a buyer willing to pay a lot more. What can you do as the lawyer advising the innocent party do to force completion to occur?

1. Forcing completion on an unwilling party

(a) Specific performance – this is an order granted by the court and is used against the seller where the seller is refusing to execute the deed of purchase. The court has the power to order a third party to execute the deed on his behalf.

A writ for specific performance can be applied for as soon as the day fixed for completion has passed whether or not time is of the essence and whether or not a notice to complete has been served.

It is not as useful against an impecunious buyer of course as the court cannot force a sale where the buyer has no money.

Specific performance is a discretionary remedy. However it is virtually available as of right where land is concerned because of the unique nature of any property. An applicant denied the decree may be awarded damages in lieu. Supreme Court Act, 1981 s. 50

(b) Completion notice – this is a notice served after the date set for completion has passed without completion occurring. Provided a party is still ready and able to complete then that party can serve a notice to complete on the other. The notice makes time of the essence meaning that if there is further non compliance then the innocent party can withdraw completely from the contract (such remedy being expressly stipulated at standard condition (S.C.) 7.4 of the 5th edition of the Law Society’s standard conditions 2011). When can the notice be served? Under the standard conditions of sale completion is either 20 clear days after exchange of contracts or such other date as the contract stipulates. The open contract position if time is not of the essence and there is no stipulated completion date is that notice must not be served until there has been unreasonable delay. If time was of the essence then the innocent party can withdraw from the contract immediately. However deciding if time is of the essence or what is unreasonable delay is a question of fact and thus subject to uncertainty so the open contract position should be avoided. A further advantage of the standard conditions is that they stipulate that if the purchaser has not paid a deposit on receipt of a notice to complete he must pay 10% forthwith so this gives a wider remedy as well as certainty about when the notice can be served. A notice to complete is usually used by a seller against a buyer where specific performance is not appropriate. The threat of being sued for damages for non compliance with a notice to complete will often persuade a reluctant purchaser to proceed.

2. Remedies for delayed completion

(a) If time is of the essence then withdraw.

(b)Compensation for delay

(i) The open contract position is that any delay is a breach of contract (though not necessarily one giving a right to innocent party to retire from contract). The injured party is entitled to damages, e.g. cost of finding temporary accommodation. In calculating loss the rule is that the injured party is entitled to be put in the same position they would have been in had completion occurred on time. Thus the seller would have earned interest on the purchase price and the buyer who has been deprived occupation can charge mesne profit.

(ii) Open contract rule

– if delay is buyer’s fault then no mesne rent is applicable

– if delay is seller’s fault and rent exceeds any interest then the buyer does not have to pay interest

(iii) Usually however compensation for delay is covered by a term in the contract. Under S.C. recognition is given to the fact that the party has been unable to complete due to a delay by the other at some earlier stage of the transaction. Under the S.C.7.2 you look at the transaction stages as a whole to determine who caused the delay and how long it was and then the party most at fault pays interest at the contract rate on the balance of the purchase price either for the period of default or the delay between contractual completion and actual completion if shorter. Provision is made to set off the contractual damages from any common law damages if such claim is made or to take rent instead where the buyer is in occupation.

(iv) Rate of interest

– S.C. 1.1.l (e) stipulates that unless otherwise agreed it is the Law Society’s rate from time to time in force

– special condition can alter this

(v) Notice to complete – see above.

Note also however that S.C.7.4 deals with remedies available to the seller due to the Buyers failure to comply with a notice. These include forfeiting the buyers deposit with interest; reselling the property; and damages.

S.C. 7.5 deals with the buyers remedies when the seller is the one who cannot comply with a notice. The buyer can rescind and recover his deposit plus interest and still retains the right to sue for damages.

3. Grounds for withdrawing from the contract

Instead of forcing completion the innocent party may want to withdraw altogether. What are the grounds available?

(a) Rescinding the contract because of a defect in its formation, e.g. undue influence. This means the parties have to be returned to their pre-contract position. So buyer gets his deposit back and the seller gets back the property. Accompanied by a claim for restitution and indemnity i.e. reimbursement of expenses such as aborted legal costs.

(b) Rescission for misrepresentation. If the misrepresentation was not fraudulent, the court can refuse to allow rescission and award damages in lieu. (Misrepresentation Act 1967 s.2 (2)). The open contract position is that rescission for misrepresentation can be accompanied by a claim for damages if the misrepresentation was fraudulent or negligent. Rescission is still available even after completion unless a third party has acquired rights or there has been reliance and it is now impossible to restore the parties to the pre contract position.

S.C. 7.1 modifies the open contract position. Only get rescission if misrepresentation. Has to be fraud, recklessness or get a property differing substantially before can rescind. Otherwise just get damages and only if there is a material difference in the value, description or contents.

s.3 Misrepresentation Act 1967 makes any exclusion clause subject to a reasonableness test.

(c) Rescinding under a contractual right e.g. S.C.7 failing to comply with a notice to complete or a special condition.

(d) Choosing to treat the contract as discharged because of the other party’s breach of contract. This is only possible if the breach is a serious one,

e.g. -a major misdescription

-failure to show good title

-existence of an undisclosed incumbrance

-any delay if time is of the essence -non-compliance with completion notice.

This may be accompanied by a claim for damages for breach of contract.

4. Damages for breach of contract

Damages are calculated under the rule in Hadley v. Baxendale i.e. the plaintiff can recover loss which arises naturally from the breach or was a loss that may reasonable be supposed to have been in the contemplation of the parties at the time of the contract as the probable result of the breach.

Examples

(a) If completion never takes place, because of a serious breach of contract, damages could be

For the buyer (B)

• loss of bargain i.e the difference between the contract price and the higher market value at the date of breach

• Conveyancing costs & other expenditure in buying a new property

• Alternative accommodation in the meantime

• possibly, loss of profit e.g where P knew B could develop property

• if no loss of bargain, then wasted conveyancing costs.

For the seller (S)

• loss of bargain i.e.difference between the price that would have been paid and any lower price actually achieved on resale

• if no loss of bargain then the costs of the aborted conveyancing transaction

b) If completion does take place there might still be a breach of contract entitling a party to damages, so that e.g. buyer could claim a reduced purchase price if he discovers an undisclosed incumbrance or a misdescription before completion.

An action for damages for breach of contract cannot generally be brought after completion. However, buyer can sue on an express provision in the contract entitling him to compensation for misdescription, even after completion. For example S.C 7.3 and don’t forget the right to rescind under the Misrepresentation Act.

5. Forfeiture of deposit

If non-completion is due to seller’s default, buyer is entitled to return of the deposit and if it was paid to seller or seller’s agent, has a lien over the land for its recovery. If it is due to buyer’s default, seller can forfeit the deposit, irrespective of whether he actually suffers loss subject to the court’s discretion to order the return of the deposit under L.P.A. 1925 s.49(2). But if seller claims damages, the forfeited deposit is taken into account.

6. An undisclosed incumbrance that only comes to light after completion

(a) Unregistered title only. Compensation can be obtained from the Chief Land Registrar if buyer is adversely affected by a pre-root land charge.

(b) An action may lie under the covenants for title.

Is It Time For My Hot Water System To Be Replaced?

Think about all of the things you rely on your hot water for around your house. You need it to wash your dishes reliably every day, you need it to wash your clothes, and you need it to take those nice, relaxing, warm showers that everyone loves. When you have a dependence on such a nice convenience around your home, you want to be sure that it will be able to be fixed if it ever goes out.

To that end, you should know how you can identify when the system at your home is beginning to experience problems. When you know some of the signs that something might be going wrong with your heater, you will be able to quickly identify the issue, get in touch with a hot water repairs Melbourne professional, and get hot water systems back in working order.

How Old is Your Hot Water System?

Sometimes, one of the most frequent issues that homeowners face with their hot water system is its age. Usually, one can expect their system to last at least eight to ten years, but this can vary depending on usage, on the exact system, and more.

Even if your heater is not experiencing problems at the moment, it could be due to face trouble at any time if it more than a decade old. If it is at least this old, the time might be right to think about looking into a replacement option.

Is Your Water Pump Experiencing Problems?

A bad water pump can also be a huge factor in a hot water system that is experiencing issues with functioning as it normally does. If you notice any of the following problems while observing the functionality of your system, then it might be a sign of a bad water pump:

  • If you notice rust on the tank or in the water supply.
  • If you hear random noises you didn’t used to hear during the system’s operation.
  • If you notice that the system is failing to heat your water.

If you notice these issues, the pump will need to be repaired or replaced.

Is Your Hot Water System Experiencing Leaks?

When you begin to notice water pooling around the tank, it is a sure sign of one issue – a leak. A leak should be dealt with as soon as possible, because it can result in mould and damage to the surrounding area. A leak can be a certain sign of an issue with the system, so get it looked at by a professional as soon as possible to get it sorted out.

Don’t Hesitate – Get it Taken Care of!

Don’t wait around if you are noticing any of these issues with your heater. If you want to be sure that you and your family will be able to continue to wash dishes, water the plants, take showers, use the bathroom reliably, and everything else that goes with using your hot water, then make sure to pick up the phone and get in touch with a hot water repairs Melbourne plumber.

Hopefully in no time at all, you can have your hot water systems back up and running as expected again soon enough.

The Man Behind The Curtain

“Pay no attention to the man behind the curtain” is the amazing quote we know and love from the movie The Wizard of Oz. It’s a special directive that you can harness to free yourself of emotional baggage on the spot. It’s a simple technique. If you’ll stay with it you’ll find you can release a lot of emotional pain in very little time. So, ironically, it actually is very magical; despite the questionable nature of the Wizard!

So…let’s begin with a problem you currently have. Pick just one to work on first. Pick a medium-sized one until you get more facile with this process. You can tackle the bigger issues soon enough once you are more practiced with it.

Look at your problem with great curiosity, interest and suspicion. Resist the temptation to jump into the problem now and roll around in it. Just look. Nothing more is required at this moment. If you find yourself slipping into it you can either pick a lesser-charged issue to tackle first, or just remind yourself to “watch yourself” do the process. This will keep you out of the thick of things so you can gain some freedom.

Now…peer around the back of the problem and notice what you actually see that lies behind it. Be open to being surprised by what shows up. It may not be what you expect. If often isn’t.

Next…peer around behind that and notice the structure that holds the problem together. Resist the temptation to figure out what that’s all about. Just look. Nothing more. Whatever it is…it is…and that’s totally fine.

Now…keep your attention gently there. You’re just resting your current attention on the structure that is behind the problem–the scaffolding that supports everything. It could look like something you recognize–or not. It may be familiar–or not. It just is what it is. Just look…and wait…and wait…and wait longer than you think is productive. You want to wait until you go just past the point of boredom. Then take a breath and relax. Let the whole thing go for now.

Check in with your problem and notice the subtle, or very obvious improvements you feel. Notice what you notice without any need to push, cajole, force or manipulate it in any way. Neat, huh? Less problem in a very short time.

What happened? A lot. But for now it’s 1000 times more useful to not look for answers. Instead, you’ll really help yourself by running through this sequence again on another problem. Perhaps even a third problem if you have a few minutes. You’ll feel better and better each time. You can reduce your suffering in this way quickly, easily and peacefully whenever you have a few minutes free.

Freelance Web Designer | WordPress Developer | Hong Kong