Contractual Issue In Family Law

ACKNOWLEDGMENT

I,RAHUL, student of M.COM from AUSTRALIAN CATHOLIC UNIVERSITY (ACU). MELBOURNE

“I certify that this is a true and correct copy of the original, which I have sighted.”

RAHUL

INTRODUCTION TO CONTRACTUAL CLAIM

A contractual claim is an entitlement under the contract itself where specific provisions or implied conditions of the contract can be invoked to support the entitlement. A Claim under law, sometimes referred to as an ‘extra-contractual’ claim is where the entitlement accrues from the provisions of the law.

FIGURING OUT WHO CAN SUE

First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with. To file a lawsuit in court, you have to be someone directly affected

This may seem like a simple issue, but it can be very complicated.

If you have a family law case for divorce or for parentage (paternity), or you are filing a restraining order, it is pretty easy to figure out whom you want to file your case against. Make sure you have the person’s correct legal name, and, if he or she uses another name sometimes (called an “alias”), it is a good idea to include the other name too.

In some cases, figuring out whom you want to sue can seem straightforward. But, depending on the specific circumstances, it may be more complicated.

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But it is not quite that simple. For instance, what if the driver of the car does NOT own the car and was just borrowing it? In that case, you would also want to sue the owner of the car, since the car insurance probably would be in the owner’s name. So, in this example, you would file your lawsuit against 2 people, the driver and the owner.

As you can see, figuring out exactly whom to sue can be very complicated. Once you figure out whom to sue, you need to get some basic information about that person or organization.

SUING A PERSON

When you sue a person, you file your lawsuit against that person, using their legal name and any aliases. You also need that person’s address. Often, it is easy to get this information if you do not already have it, by looking at any paperwork you may have about the legal dispute. But, sometimes, this information is not easily available to you. Below are some ways to track someone down.

DISCUSSION OF THE CONTRACTUAL CLAIM

Legally, this is a pretty straightforward issue to analyze .In this case, Nick who is the leader of the newly formed party organises a rally in Sydney to publicise the party.I have to discuss the contractual claims (if any) that exists