Start a Discussion.

Anyone can start off a discussion.

Perhaps you have just started at Uni and wondering what the hell you've got yourself into and want to discuss your fears with others who have walked the same path as you.

Perhaps you have been reading the textbook and have hit a 'brick-wall' and feel like throwing the book out of the window and slashing your wrists but you want an answer and a helping hand.

Perhaps you have read a case that you violently disagree with and you think the judge is on drugs. Or you have just got your marked assignment back and you think your tutor's smoking the same stuff as the judge!

Or maybe you have seen something on the news you want to discuss more widely, or you have found a website that is useful and you want to post a link to it.

In short, anything and everything with a legal theme is fair game for the discussion board. Even if you have been 'lurking' for a long time, then join the forum and post your questions or your views and make some online friends.


James

Above quoted from IOLIS of Insitelaw discussion board

It is a real pity that Insitelaw no longer has a discussion forum which ran very successfully for 3 to 4 years and was closed down quite suddenly recently.

There were quite a number of very good and knowledgeable members there, one of them has joined us as No6+. We hope the rests will join us soon. Iolis (No6+) had never ever failed to answer a decent question. Test him out guys!

Any suggestions as to how this forum may improve are welcomed.

The main object of this site is to help students do well in exam, for students to help themselves in their quest. To do well in law, you need to think aloud an issue before the exam. Trying to structure an answer for the first time in the hall is not a good strategy.

Think of this as the biggest study group ever!

The Insitelaw forum was the third of fourth incarnation of what began as a discussion board run by Consilio. It started off at a time when blogging was relatively new, and discussion boards for law students were unheard of. It broke new ground and built up a very large library of contributions which became a valuable resource for those studying.

Unfortunately, Consilio sold their majority interest to Legal Training TV after the latter failed to make any impact on satellite TV. Legal Training TV ran the discussion forum for just about long enough to data-capature the membership to send their advertising to and then shut the discussion board down with no warning and no apology to those who made the effort to contribute.

What was left of Consilio splintered into two separate commmercial entities. Insitelaw opened up a discussion board but the membership of it waned, mainly because much of the effort contributers put into it vanished as each new discusssion board opened and the final incarnation of it was nothing short of a 'dogs breakfast' which failed to attract any new membership and died of terminal disinterest.

Hopefully, some of the 'regulars' who gave so much of their time to produce some really good quality posts on those forums such as Ron Barker, Sentinel and others will make this their new home.

If you are out there guys, sign in, make yourself known and say hello!

Regards and best wishes to all

James

Externalaw.com is a community effort, one of the main points I had in mind starting this website is that it needs to be free of commercial interests.

Everything you see on this website is free, not just the content but also the providers. For example, a big color banner at the top for LOOKING FOR A LEGAL JOB, we offer this space for free because it adds a good resource to the students.

As far as admin work or forum management, this is unfortunately still a one man job, me, but in time I hope to add some good people to the team. We do have some awesome people, Molineux and No6, that volunteer to moderate the forums and help build this place to it promising potential.

We have collected a massive amount of resources simply by asking people to share them with us, were we a commercial site they would have never agreed, and the students would have missed out.

For now I am slowly adding resources and improving the website, and I DO NEED YOUR SUGGESTIONS AND HELP.

So, please use this thread to ask, demand and complain.... I will most likely have it up before you hit send!

Hopefully, some of the 'regulars' who gave so much of their time to produce some really good quality posts on those forums such as Ron Barker, Sentinel and others will make this their new home.

Hi James,

Where are these guys?

kt_Wolves

See topics on mistake of identity for contratual issues.

THE VALUE OF THIS SITE

The true value of this site is its ability to amass views and discussion for someone new to scour the site and find things relevant to their immediate problems and help them think about their own views on the topic.

If you cannot find anything similar, please do not be afraid to post your questions and help develop this site for future users!

Under what circumstances when losses are caused by the exercise of discretion of the party can the victim sue?

1. Good faith: Effort made, information given, or transaction done, honestly and without a deliberate intention to defraud the other party. However, good-faith does not necessarily mean 'without negligence.' Read more: good faith definition


2. http://legal-dictionary.thefreedictionary.com/mala fide
The fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation.

Bad faith is not the same as prior judgment or Negligence. One can make an honest mistake about one's own rights and duties, but when the rights of someone else are intentionally or maliciously infringed upon, such conduct demonstrates bad faith.

The existence of bad faith can minimize or nullify any claims that a person alleges in a lawsuit. Punitive Damages, attorney's fees, or both, may be awarded to a party who must defend himself or herself in an action brought in bad faith.

Bad faith is a term commonly used in the law of contracts and other commercial dealings, such as Commercial Paper, and in Secured Transactions. It is the opposite of Good Faith, the observance of reasonable standards of fair dealings in trade that is required of every merchant.

3. The breach of the obligation of good faith between a bank and a depositor will usually not give rise to a separate action in tort. However, it may do so if the bank acted with gross recklessness or wanton negligence.

¶26 The relationship between a bank and its depositor is generally considered contractual.21 Improper refusal to make the funds available would generally be considered a contractual breach of the Bank's obligation to pay Beshara his money. Under the common law each contract carries an implicit and mutual covenant to act towards each other in good faith. Likewise, under the Uniform Commercial Code, 12A 1981 § 1-203, commercial transactions carry an obligation of good faith in their performance and enforcement. Consequently, the determinative issue raised by the parties' contentions is whether, under the facts presented, a breach of the implied covenant of good faith and fair dealing may give rise to an action in tort.
¶27 Generally, we agree with Beshara's contentions that banks have an obligation to exercise good faith and fair dealing with its customers. In First Nat. Bank & Trust v. Kissee, 859 P.2d 502, 509 (Okla. 1993), and in Rodgers v. Tecumseh Bank, 756 P.2d 1223, 1227 (Okla. 1988), this Court refused to recognize an action for a breach of the implied covenant of good faith and fair dealing which results from a commercial contract between a bank and its customer, unless there was "gross recklessness or wanton negligence on behalf of a party."
¶28 We found that if the factual situation warranted, an action for a breach of contract may also give rise to a tort action for a breach of the implied covenant of good faith and fair dealing. Beshara alleges that the Bank's actions in withholding the fund in his account were intentional, malicious, and in reckless and wanton disregard. In viewing these allegations as well as all of the inferences and conclusions drawn from the alleged facts, we find that Beshara should have been allowed the opportunity to proceed on his allegations for tortious breach of the duty of good faith and fair dealing. Accordingly, the trial court erred in refusing to allow Beshara to proceed on this alternative theory of recovery.
Beshara v. Southern Nat. Bank,1996 OK 90,928 P.2d 280
http://legalwikipro.com/wiki/index.php?title=Duty_of_Good_Faith_in_General_Contracts_(OK)

4. Oei Hong Leong loses $1b, takes Citigroup to court

Tue, May 19, 2009
The Straits Times, Reuters


By Lee Su Shyan, Assistant Money Editor

LOCAL businessman Oei Hong Leong - dubbed the 'man with the Midas touch' - lost a whopping $1 billion on foreign exchange and US Treasury bond transactions last year.

While he has fully paid off these losses, he is now suing Citigroup's private banking arm in the High Court for negligence and misrepresentation, legal documents seen by The Straits Times reveal.


Mr Oei claims that the bank - with which he has a 30-year relationship - repeatedly gave him an inaccurate picture of his trading exposure, causing him to take on more positions than he would have otherwise done so.

A spokesman from Citi told Reuters in an email: 'We believe that the claim is without merit and we fully intend to defend our position vigorously.' It declined to comment further on the matter.

There was no immediate comment available from Oei's office.

Oei was ranked Singapore's 29th richest person by Forbes last year with a net worth of $210 million. Forbes calculated Oei's wealth based on his stakes in publicly traded companies and in private company filings.

According to Straits Times, Oei claimed he felt compelled to close his positions at an extremely volatile time in October last year, taking huge losses, as he felt he had no choice after discovering the full extent of his exposure.

Some angry Asian private banking clients have filed lawsuits after losing money on complex financial products battered in a global market meltdown last year, forcing the industry into damage control.

Upkeep of this site..WARNING!!!

This site has been running for sometime on the generosity of Mike, the administrator, who has been having difficulties keeping it running for lack of funds. Unless there are more users who are prepared to donate SAY 5 to 10 pounds each to keep it going, the site will surely die its slow death, sooner than you think.

Molineux

Molineux will no longer be visiting this site as a member......................he has moved on.

Molineux