Too Much to Ask
January 8, 2021 By Brian Babcock What happens when an arbitrator commits errors of law and a breach of natural justice which require a new hearing? Usually, a different arbitrator must be appointed. The principles of efficiency, cost-effectiveness and fairness to the parties must be balanced with the need to secure fair and equal treatment. Even […]
Rescission, Representations and Real Estate Deals
January 8, 2021 By Brian Babcock Where the actual size of the house is much smaller than represented, a real estate purchaser may have the agreement of purchase and sale declared to be void, and their deposit returned. The remedy of rescission of a contract may be obtained on the basis of misrepresentation where the seller […]