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Glossary

We want to make it as easy as possible for you to do business with us.
We try and use plain english wherever we can. Unfortunately the law
like any other industy has its own language and we can't always promise
that we won't be using words that are second nature to us, but may not
be second nature to you.

To help you find your way around the maze of legal terminology we've
provided you with a short glossary of some of the legal terms which you
are more likely to come across in our correspondence and documentation.

Our list, some of which is adapted from www.nolo.com is not exhaustive
as we have not intended to provide a detailed legal dictionary. There are
a number of other excellent websites however which will assist you should
you need any further explanations beyond those in our glossary.

Click on the following link and you will find a legal dictionary which may not
keep you amused, but will keep you informed.

www.nolo.com

Oath

An attestation that one will tell the truth by a promise to fulfil a pledge often calling upon God as a witness. The best known oath is probably the witnesses pledge to Tell the truth, the whole truth, and nothing but the truth during legal proceedings. Affidavits when sworn must be sworn pursuant to an oath unless they are affirmed.

Off the Plan

A term used for the purchase of a unit that has not yet been built. A contract is entered into which is subject to the registration of a strata plan which has been drafted but not yet approved by the relevant bodies. The purchaser therefore buys a unit which does not exist and which in its finished state might only be inspected in a display unit built by the developer. The same principles might apply to the purchase of a block of a land in a sub-division that had not yet been registered. In this case however the purchaser is at least able to see what the finished product will be i.e. land.

Offer

A proposal to enter into an 'Agreement' with another person. An offer must express the intent of the person making the offer to form a 'Contract', must contain some essential terms S. including the price (if appropriate) and subject matter of the contract S and must be communicated by the person making the offer or someone authorised on that person's behalf. A legally valid acceptance of the offer will create a binding contract provided there is 'Consideration'.

Offer of Compromise

An offer in the form of a court document which is served upon the other party to litigation and which is only seen by a Judge if necessary at the conclusion of a hearing. The effect of the offer is that if the party receiving the offer rejects the offer and as a result of the hearing does not achieve a better result than the offer would have achieved, then the party receiving the offer, notwithstanding that they win their case, generally will need to pay the costs of the party making the offer from the date the offer was made. The party receiving the offer will still however be entitled to their costs up to the date the offer was made.

Order

A decision issued by a court. It can be a simple command S for example, ordering a reluctant witness to answer a proper question S or it can be a complicated and reasoned decision made after a hearing (or a motion) directing that a party either do or refrain from some act. Orders are often applied to the outcome of interlocutory hearings. Although a final hearing is determined by a judgment as a matter of formality that judgment is condensed into a final order which sets out the precise things which need to be done or monies which need to be paid.

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