Don't play with it

It is most unfortunate when situations differ, yet parallels exist. For each parallel, we place a red flag to note. So as the freefall continues, instead of clutching wildly in the air for something... anything... we grab onto these flag poles and pray frantically that it doesn't break.

Over-analytic minds place safety nets. There is no bravery there. Optimistic and logical. Hopeful for the best yet aware of the possibility of imminent injury or death. Each cautious step towards the edge of the cliff has little to do with wanting to do it, and more about needing to do it. It becomes more like a personal self-dare, so that in the end, you trust yourself to stop you before you hit the ground.

Take a few steps back... Deep breath in... Chill... Be calm about this... Run forward... Launch self into the air screaming... and this is how it starts.

~~~

I was supposed to finish my birthday post.

Mere minutes after sticking my birthday cake, there was a rap on the door. It was late... outside was dark... i completely forgot Micks was coming over. Mum opened the door to reveal it was Micks. I chastised her for scaring me. We ate. Roxie came upstairs. 'Twas fun.

Micks and I spoke until like 1.30 am. This of course was punctuated about 3 times by my having to wake her up because she fell asleep. Then at 3 am she woke me up to go fan hunting. I bet it was funny, watching me pad around the house in a sleepy daze. After locating the fan, plugging it in became the new issue. Two pin plug into a three pin socket. After 5 minutes of futile attempts on my part, i handed over the responsibility to Micks and went straight back to sleep... around 3.30 am. Around that time I vaguely remember hearing a gleeful exclamation from her... something about discovering the technique to get it in or something. I can't remember entirely. I just know she was very pleased with herself, and the fan was working.

I had a fun birthday.

~~~

I was by Zel's office in Church Street last night. The original plan was to pull an all-nighter studying. Wait, correction, the original plan was to study intensely whole afternoon which transgressed to an all-nighter.

I think we covered a decent amount of studies. It could've been more... Does anybody know what exactly are these clogs in the right of redemption under Real Property? After discovering that the question repeated itself in different forms over the years, and we were none the wiser as to how to answer it, we started calling people. Steff didn't know. Benji fell asleep. Lulu didn't have a clue. Richie said it was somewhere far, far away in his mind. I guess this means today I'm going to have to comb through all this legal jargon and make sense out of nonsense.

The strategy that works for us in these study sessions is to merely answer questions orally. We take turns to read the question aloud. Then we pick out the important details and tag them under, what we deem the most relevant, offenses. After that we argue both sides for a bit, make notes, then decide on the most ideal cases to illustrate the point.

For example... (warning, I'm about to proceed with a Law exam question)

Rasheed is the owner of 15 Bank Lane on which is located a building which houses apartments. At lunch with his friend Dilip, Rasheed says that he is thinking of selling the property and he has an offer of $450 000.00. Dilip, who has always liked the property, offers Rasheed $500 000.00. (Dilip just counter offered... therefore it's up to Rasheed to accept now). Rasheed says,"No problem, consider it sold." (Rasheed accepts Dilips offer)

Ques. (b) Dilip writes a letter to Rasheed enclosing a cheque for $60 000.00 "as 10% deposit on the purchase of Bank Lane". (In the event, Rasheed wishes to leave the verbal agreement... he could try to argue that while he did accept Dilip's offer, he didn't accept the payment terms. Dilip offered $500 000, not to pay in installments. Case on point Neale v. Morrit.) Rasheed cashes the cheque and Dilip begins to make improvements to the property. (Routledge v. Grant permits the revoking of an offer so long as there was no acceptance during the period of the offer standing. However, revocation of the offer is only effective if it is communicated to the referee. The 3 elements of a contract, offer, acceptance and consideration. Cashing the cheque cements his acceptance of the offer and is consideration. Dunlop Numatic Tile Co. Ltd v. Selfridge Co. Ltd.) Rasheed changes his mind about selling the property and Dilip wants to sue him for specific performance. (Specific Performance is where the court would order the other party to perform his part of the bargain.) Neither Rasheed nor Dilip has signed the Agreement of sale as yet, but Dilip has a copy of the letter which he wrote to Rasheed and cashed the cheque. (I'm not absolutely sure... I have to query this or go look it up.. While verbal contracts are just as valid as written contracts. Some contracts need to be signed, sealed and delivered. Under those that have such requirements, I believe Real Property comes under that. Thus, it might be stretching it... but if thats the case... then there is no contract legally binding Rasheed to Dilip since nothing has been signed as yet. However, again I'm not entirely sure... but under Equity, Dilip might be able to get some sort of compensation.)

Advise Dilip of his legal rights.


Ques. (c) Rasheed contacts Dilip to say that he will still let him have the property if Dilip will give him a further $50 000.00 "under the table" so that they will pay reduced transfer tax. Dilip refuses. (tainted with illegality with this 'under the table' business. Case on point, Miller v. Karlinski - employer/employee trying to evade taxes.)

Advise Rasheed of the principle of contract on which Dilip could challenge him.

We don't always cover the actual answer of the question... but we try to cover as much we can using the details provided, and debating other hypothetical situations that may stem from such circumstances. Perfect for learning cases.

We took a break around 7. Head down to Andal's on the Carenage to get some student food - Cup Noodles, Twizzlers, Fruta juice, Honey Toasted Flakes. That moment felt like college. Whilst we were dressed the part of students, we acted the part. We walked across the Carenage singing all sorts of crazy songs like... 'Umbrella' by Rihanna and 'If it's loving that you want'... and some others. Then back at the office. She nearly killed me, flinging her umbrella wildly around the room trying to impersonate Rihanna, completely oblivious to the health risks involved to nearby parties... *laughs* her negligance. She owes a duty of care to not inflict inadvertant injury upon me. Any contact between myself and her umbrella would've resulted in a breach of that duty of care and ultimately culminating with damages... No amount of cowering could have saved me, it was by God I came out alive. And the office was fReEzInG. Well... I fell asleep on the couch around 11-12. That basically threw an all-nighter out of the question.

~~~

Won't you smile a lot for me?
...just... smile

~~~

Well I just finished bathing the dogs. I must admit I actually enjoyed bathing them this time. Usually, I despise bathing the dogs. It involves a great deal of me chasing them, pleading with them to remove themselves from under the car or wherever they're hiding, getting wet unnecessarily, my hands itching and scratching (I think I'm slightly allergic to dogs)... and the whooper, ultimately smelling like a dog.

Today they came willingly. Remained civil, peaceful AND didn't soak me too much. Most of my soaking came from the hose when I was playing around with it. I think I enjoyed it enough to attempt this again next week. *gasp*

Well I'm off to eat lunch.

Shelli Out.