So, there's a story with this guy who bought a property from a developer. and the contract says, within 36 months, if the developer unable to hand the keys and OC, developer would have to pay a penalty of 10% per annum.
So, 36 months gone, and 6 years later the keys was handed over. A year later the guy sued. According to the law, there's limitation period of 6 years for breach of contract. Defence lawyer says, limitation starts when the breach occured, which is after the 36 months. Plaintiff's counsel says, limitation period starts when the keys was handed over. So, which one the judge buy? the defence lawyer's argument. developer did offer outside settlement with other buyers, but some thought, if sue according to the contract, the sum is much higher.
So, did the judge dispense justice in this case?
well, in a way, the judge is saving the developer's ass, cause late of delivery, meaning probably 500 units' buyers can sue him for all the penalty. but in a way, a bit unfair to the buyers. And, this cause, barred by the limitation period.
So, sort of, if u know the lacuna... u can play around it.
I rest my case. I shall, continue on my track, to go into academic field.
2 comments:
For that I suggest you read this http://art-harun.blogspot.com/2009/11/justice-is-illusion.html
:)
Happy Reading.
coincidently, i read this post on that same day i think, or days before. then given this case to work on.
Post a Comment