The characteristic of a commercial contract is that it deprives the client of the right of appreciation under Section 70 of the Act and allows lawyers to recover the money outstanding as ordinary debt; the client is not without protection, because the Court of Justice has the power to quash any agreement if it is found to be unfair and appropriate. It is difficult to imagine how a real misunderstanding could have occurred as to the nature of the agreement – the assertions he made in his testimony seem to have been prepared in hindsight. Even if one complains about the applicant`s testimony that he did not understand the nature of the agreement at the time of the agreement (which I do not accept), it is clear that the determination of the fairness of the agreement relates to the steps taken to ensure that the client understands the effect of the agreement. If these measures had been taken as in this case, it does not seem to me that the agreement can properly be characterized as unfair because of the applicant`s subjective state of mind, particularly when such a mental state was formed inappropriately. «First of all, it should be noted that this is an area of empowerment, not deactivation, and that the Court of Justice, if compelled to do so, would not expose such a section in such a way as to remove or modify existing powers, unless it expands them. Let us now look at the state of the law on this subject when the 1870 Act came into force. At that time, agreements between a lawyer and his client on the conditions to which counsel should be conducted were not necessarily unenforceable. However, they were viewed with great jealousy by the courts because they were agreements between a man and his legal counsel on his remuneration and the possibility of exerting undue influence was such that the courts could only apply these agreements very slowly if they were favourable to counsel, unless they were satisfied that they had been concluded in circumstances. to use any suspicion of an undue attempt to use it at his client`s expense. But when it turned out that the agreement was client-friendly, the courts often considered the lawyer his good business, as there was no reason in the courts for them to be suspects in such a case. Section 4 was therefore not necessary to allow individuals to enter into these agreements and was not necessary to strengthen the hands of the courts during their review.
http://futurosostenible.org/wp-content/uploads/2017/01/logotipoweb-300x101.png 0 0 Andres http://futurosostenible.org/wp-content/uploads/2017/01/logotipoweb-300x101.png Andres2021-04-15 04:48:002021-04-15 04:48:00What Is A Non Contentious Business Agreement