More Info and Details on the Development of Security Agreements

An oral security agreement is valid. But that agreement is only enforceable as between the parties. If you want to have priority rights against third parties then there has to be a security agreement in writing.

“Enforceability” against third parties:
A security interest is enforceable against a third party only where… a description of the collateral by item or kind or by reference to one or more of the following: “crops”, “goods”, “chattel paper”, etc. etc.”

“by kind” – i.e. a generic description of the item. So you can refer to the item as “a car” rather than “a black on black 2008 BMW M3 with six speed manual transmission” or whatever. That being said, while this generic description may satisfy s10, in real life it may not be specific enough for the world of evidence or contracts if things ever went to litigation.

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Secured Financing Intro

The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.

In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.

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3 Reasons to Take Care of Your Criminal Record

From the misdemeanour to the felony, once individuals complete their time many turn their life around. The process to get back on track can be a long one, but during that time you’ll want to be mindful of some future issues to be ready for. If you have or had a criminal record there are certain life situations that may be impacted.

The Job Interview
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Shoot First, Ask Questions Later – Bush Style

In true Bush style, the legacy left behind from Jeb Bush’s tenure as governor was the 2005 “Stand Your Ground” law which essentially says a citizen doesn’t have to retreat before using deadly force against an attacker. This issue comes to the forefront after a white (Hispanic?) block watch captain shot and killed a black teenager from the same community.

Police in the central Florida town of Sanford have said that 28-year-old George Zimmerman says he shot 17-year-old Trayvon Martin in self-defense during a confrontation in a gated community. Police have described Zimmerman as white; his family says he is Hispanic and not racist.

This is precisely what happens when lobbyists wield too much influence. Pro Republican and gun toting Floridians championed the changes. In that span justifiable homicides have gone way up (many with heartbreaking stories). Continue reading Shoot First, Ask Questions Later – Bush Style

Poor and Nice – Doctors Who’re Never Sued Twice

Or even once. One of the huge downfalls of the privatized healthcare system in the USA is how a litigious society impacts healthcare. Doctors themselves, and nurses, have to take out insurance policies to protect themselves from impending lawsuits (that in the course of a career can happen multiple times due to legitimate reasons like gross negligence to frivolous lawsuits). THe former of course will face more lawsuits in his or her career.

Rising legal costs and the cost of insurance push up healthcare costs, then those rising costs are passed on to the patient or the state (thus the patient thru taxes).

Is there anyway to reduce the number of lawsuits if you’re a doctor? Turns out there is.
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Dime a Dozen for Attorneys – Do Your Research

There’s an old saying that attorneys are a, “dime a dozen”. With the advent of social media the tools to select the right attorney for the right job, and compare all at the same time, is at your fingertips.

That means the following concern should happen less in our digital age.

My attorney for 2 years has done nothing that I understand. I drive 80 miles one way for a meeting and we discuss options/strategies then I leave (after she charges 400.00) and she does not follow thru. Continue reading Dime a Dozen for Attorneys – Do Your Research