Timeshare contracts are the same as any other written agreement and everyone is required to read all the documents, understand them and warrant that they affirm to the obligations and benefits which they both are bound to. The contracts can contain many terms, condition, codicils, riders and components which allow for past present and future actions
I recall when involved in a large assets acquisition it took 3 days to complete the negotiations for the price we would pay for the products we acquired and then 2 months to sort of the contracts, terms and condition, the warranties collateral contracts and disclaimers. When anyone engages with another, they clearly know what is happening in that one sells to acquire money and one acquires and gives money.
Despite the fact that the courts will apply your statutory rights and/or assert the statutory implied terms, they will also generalise as to the event which took place. It is a fallacy to believe that the court will not hold you accountable for some of your own actions or inaction or make an account as to the obvious lack of attention you gave to what you now claim to be an erroneous contract. If you have not read the terms and wholly relied upon the representations of the seller you will know that some of the liability falls on you.
Of course in saying this, if the seller uses hostility or generates a set of circumstance that makes you fearful, the court will take those events into account as well. I now hope that went a peddler of legal dreams come calling and saying that you will win, that they know what they are talking about, you might come to the realisation that they are selling, lying to you and driving you into a course of event you might later regret.
My experience in courts is that the judge may award you all your claim but has a wide digression when it comes to the award of costs and it is noteworthy that they can and do make some harsh cost order in an effort to punish consumers for their lack of fastidiousness or reasonableness.
Legal matters are not easy to predict and awards of costs are even worse. In one case and because of the actions of the consumer, the court was obliged to award the consumer all his claim, however, took the view that the consumer had been difficult, acted inappropriately and therefore [not only] refused to award his costs, the court also made the consumer pay part of the other sides costs to reflect his inappropriate actions/inactions and the course of unreasonable events the litigant had taken.
When you as a consumer action a claim you have to be aware that everything you write down or send to the other side will be seen by the court and the judge will interpret from those documents not only your reactions but also the way you dealt with matters in the course of the proceeding.
Avoiding negotiation, mediation and reasonable requests will not help you when it comes to costs.
In all matters your actions could lead to a legal action and when that legal action come-a-calling, you must be honest, reasonable and make your point firmly. The court will appreciate that you are upset and give you just credit for the way you have handled yourself.
Another way to murder your prospects is telling untruths to those who you expect counsel from. Going to court is costly and many litigants spend significant sums repacking, amending statements as the evidence floods in. I have witnessed many claims which are made by many consumers and when it comes to the proceeding [all case follow] the consumer is hammered in interlocutory applications cained with adverse cost orders, amendment fees and wasted costs adventures. Be reasonable, be truthful and but be firm.
In respect to solicitors they are officers of the court, therefore owe an allegiance to the court. They must not lie to the court or evade the court’s questions and indulgences. In saying this if you are unsure that a set of circumstances may harm your case, you can present to your solicitors an issue in the following way. “if it were the case that X happened would it affect my prospects”, If the retorts with no, you can them incorporate the event in your evidence or frame another question.
When you consider that you are in a battle you have no need to advance or assist your opponent, they won’t help you, so reflex on the story you tell, keep it concise and ensure that’s it’s the truth.
When going to court you have a great need to anticipate what you will be asked and again what the truthful situation is. Lying in court is not an option.
Posted on: 14th April 2016