Wednesday, October 13, 2004



It has been law day in day out. I have been studying for the past few days but the information cannot be processed because it seems really difficult for them to penetrate into my thick skull. After reading so much, I realised some interesting facts about law:

1) Only people with weird, difficult-to memorise, difficult-to-spell name enter into law suits.
Eg. : AS Nordlandsbanken v Nederkoorn (2001)
Eltraco International Pte Ltd v UDL Shipping Singapore Pte Ltd
Brinkibon Ltd v stahag stahl und Stahlwarenhandelsgesellschaft GmbH

(amazing huh? I strongly suspect the company name in which they came up with is through the random typing done on the keyboard. Darn!)

2) The House of Lords and the judges only speak in paragraphs. The word 'sentence' is not in their dictionary. Look at this:

"Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be as such may fairly and reasonably be considered either arising naturally according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it." -Baron Alderson

(Now, imagine the judge speaking or reading. Did he say all these in a breath? Did the plaintiff, lawyers, defendant, jury, witness, or anyone at the hearing understand what he said? If not, what is the point of saying? If yes, how long did they take to understand?)

3) Law is not exactly the best tool in upholding justice. It has flaws too. It is not true to say:"tian1 wang3 hui1 hui1, shu1 er2 bu2 lou4". All you need is a good lawyer or someone equipped with amazing knowlwdge of Acts and laws. I can't list all the cases because there are too many.

But I can share one with you. If you are below 21, then u are considered a minor. The bad news is: you are grouped together with the mentally handicapped and people with unsound mind because you lack the mental capacity to enter into a contract. (those over 21, no worries! As long as you are near 21, you are still taken as a minor) The good news... If you are buying something that is not a necessity and have no money to pay the seller, you will not be charged. Either you return the good or you pay for it at a reasonable price. It's cool if you think about it. Imagine getting a diamond ring and it's not a necessity. Then you don't have enough money to pay and if you still want it, you can get it at a reasonable price! This is as cool as a storewide discount. But the definition of a necessity varies. It depends on your family background. This is when the difference between rich and poor come in. Law can be contraditing.

In all its attempt to hold justice, to find the best answer, it actuallly resulted in unfairness unconsciously. A ball will never stay at a spot if a breeze comes along. Like life, nothing really stays constant. There is no such thing as ceteris paribus. As what part of our life shines, a shadow is created on the other part. Nobody's life is perfect, be thankful of whatever you have.




Jacqueline
9:42 AM






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