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  11. <title>DeLorean Advokat</title>
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  13. <link>https://www.delorean.law/</link>
  14. <description>Innovative attorneys in Swedish and International business law</description>
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  31. <title>Why hire an attorney?</title>
  32. <link>https://www.delorean.law/attorney-increases-your-opportunities/</link>
  33. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  34. <pubDate>Sat, 02 Mar 2024 21:40:23 +0000</pubDate>
  35. <category><![CDATA[Uncategorized]]></category>
  36. <guid isPermaLink="false">https://www.delorean.law/?p=6444</guid>
  37.  
  38. <description><![CDATA[<p>The post <a href="https://www.delorean.law/attorney-increases-your-opportunities/">Why hire an attorney?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  39. ]]></description>
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  43. <h2 id="h-the-benefits-of-hiring-an-attorney-explained-to-entrepreneurs-and-individuals" class="wp-block-heading"><strong>The benefits of hiring an attorney explained to entrepreneurs and individuals</strong></h2>
  44. <p>Navigating the legal system without an attorney can be both complicated and overwhelming, whether you are an entrepreneur or a private individual. There is often a lot at stake – it can be anything from a complex business transaction to an important family law matter. This is where an attorney&#8217;s expertise comes in handy. But why should you turn to a attorney? And what&#8217;s the difference between an attorney and a lawyer?</p>
  45. <p> </p>
  46. <h3 id="h-the-difference-between-an-attorney-and-a-lawyer" class="wp-block-heading"><strong>The difference between an attorney and a lawyer</strong></h3>
  47. <p>Let&#8217;s start with the basics. A lawyer has a basic legal education, but that&#8217;s not the same as being a lawyer. To obtain the title of <strong>attorney</strong>, additional practical experience is required as well as admission by the Swedish Bar Association. This means a higher level of professional guarantee of quality of service.</p>
  48. <p> </p>
  49. <h3 id="h-security-through-the-right-representation" class="wp-block-heading"><strong>Security through the right representation</strong></h3>
  50. <p>When you hire an attorney, you not only gain access to in-depth legal knowledge and experience. You also get a party that represents your interests and has a duty to act in your best interests. This provides security throughout the process, whether the case concerns business law, family law, employment law or any other area of law.</p>
  51. <p> </p>
  52. <h3 id="h-quality-assured-by-the-swedish-bar-association" class="wp-block-heading"><strong>Quality assured by the Swedish Bar Association</strong></h3>
  53. <p>Members of the Swedish Bar Association have undergone thorough checks to ensure their competence and professional ethics. Choosing <strong>an attorney</strong> who is a member of the association means that you get a quality-assured legal expert who is bound by the professional rules that the Swedish Bar Association enforces.</p>
  54. <p> </p>
  55. <h3 id="h-high-ethical-level" class="wp-block-heading"><strong>High ethical level</strong></h3>
  56. <p>Attorneys are bound by strict ethical rules which means that they should practice their profession in a fair and honest manner. They are also bound by <strong>professional secrecy</strong>, which ensures that information you give them in confidence will not become public.</p>
  57. <p> </p>
  58. <h3 id="h-professionalism-at-all-levels-with-an-attorney" class="wp-block-heading"><strong>Professionalism at all levels</strong> with an attorney</h3>
  59. <p>Hiring an attorney means that all aspects of your case are handled with the highest degree of professionalism. Everything from legal analysis to representation in court or in hearings is handled with caution and skill. This is of great value in sensitive and complex cases where the outcome can have a major impact on your life or business.</p>
  60. <p> </p>
  61. <h3 id="h-summary-and-invitation" class="wp-block-heading"><strong>Summary and invitation</strong></h3>
  62. <p>Understanding the importance of having the right legal assistance can be crucial for both entrepreneurs and individuals. Choosing a qualified <strong>attorney</strong> ensures that your legal case is handled with the highest possible knowledge, ethics and professionalism. Remember that the best legal decision is an informed one. If you have any further questions or need legal advice, do not hesitate to contact an attorney to discuss your case further.</p>
  63.  
  64. </div>
  65. </div>
  66. </div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709415594731"><div class="wpb_wrapper"><div class="os-container">
  67.              <div class="os-cta-form-w" style="background-image: url();">
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  69.                  <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div>
  70.                  <div class="cta-form-content">[contact-form-7]
  71. </div>
  72.                </div>
  73.              </div>
  74.            </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/attorney-increases-your-opportunities/">Why hire an attorney?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  75. ]]></content:encoded>
  76. </item>
  77. <item>
  78. <title>Hire a legal counsel for your litigation in court</title>
  79. <link>https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/</link>
  80. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  81. <pubDate>Sat, 02 Mar 2024 08:59:17 +0000</pubDate>
  82. <category><![CDATA[Litigation]]></category>
  83. <category><![CDATA[Uncategorized]]></category>
  84. <guid isPermaLink="false">https://www.delorean.law/?p=6424</guid>
  85.  
  86. <description><![CDATA[<p>The post <a href="https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/">Hire a legal counsel for your litigation in court</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  87. ]]></description>
  88. <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
  89. <div class="wpb_text_column wpb_content_element " >
  90. <div class="wpb_wrapper">
  91. <p>Navigating the world of law is not always easy, especially when it comes to litigation in court. For business owners, entrepreneurs and small to medium-sized businesses, managing all aspects of a trial, from documentation to understanding every step of the process, can be a real challenge. A legal representative can be the solution that saves both time and money, and allows you to stay focused on your core business.</p>
  92. <p>In this post, we dive deeper into the benefits of hiring an attorney for your civil case and how this can make the process easier, faster and more cost-effective.</p>
  93. <p>&nbsp;</p>
  94. <h2 id="h-advantages-of-an-legal-counsel" class="wp-block-heading"><strong>Advantages of an legal counsel </strong></h2>
  95. <p>&nbsp;</p>
  96. <h3 id="h-easier-litigation-in-court" class="wp-block-heading"><strong>Easier</strong> litigation in court</h3>
  97. <p>Having an expert by your side makes the whole litigation process in court easier. An agent can handle all communications, translate legal terms into plain language and ensure that all necessary documents are duly completed and submitted on time.This reduces the risk of mistakes that can be costly or even decisive for the outcome of the case.</p>
  98. <p>&nbsp;</p>
  99. <h3 id="h-focus-on-your-business" class="wp-block-heading"><strong>Focus on your business</strong></h3>
  100. <p>As an entrepreneur or entrepreneur, your time is your most valuable asset. A dispute can be time consuming, distracting your attention from the important thing &#8211; running and developing your business. Hiring an agent gives you more time to do what really counts.</p>
  101. <p>&nbsp;</p>
  102. <h3 id="h-strategic-overview" class="wp-block-heading"><strong>Strategic overview</strong></h3>
  103. <p>An agent can provide a significant strategic advantage. Lawyers and lawyers are trained to see larger patterns and have the experience needed to design a winning strategy. They can identify the strengths and weaknesses of your case and work proactively to maximize the chances of a favorable outcome.</p>
  104. <p>&nbsp;</p>
  105. <h3 id="h-faster-decisions" class="wp-block-heading"><strong>Faster decisions</strong></h3>
  106. <p>When you put legal decisions in the hands of the expertise, decisions can be made faster, which can be crucial in a dispute.Your agent can quickly navigate through legal issues and act resolutely, which can lead to a faster resolution.</p>
  107. <p>&nbsp;</p>
  108. <h3 id="h-cost-effective-litigation-in-court" class="wp-block-heading"><strong>Cost-effective</strong> litigation in court</h3>
  109. <p>Many fear the costs associated with legal proceedings. But hiring an agent can actually lead to a more cost-effective process. Through expertise and efficiency, an attorney can reduce the time spent on the case and thus the overall costs.Moreover, a good settlement can often be more economical than a lengthy legal procedure.</p>
  110. <p>Resolving a dispute in court is a complex process that requires expert knowledge to navigate. For small and medium-sized businesses, the time and cost savings, along with strategic advantages, make an agent an indispensable resource. If you are facing the prospect of a dispute, consider hiring professional help to ensure the best possible outcome for you and your business.</p>
  111. <p>For more information about litigation and legal services, please do not hesitate to contact us. Our expert representatives are ready to assist you throughout the process.</p>
  112.  
  113. </div>
  114. </div>
  115. </div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709369927353"><div class="wpb_wrapper"><div class="os-container">
  116.              <div class="os-cta-form-w" style="background-image: url();">
  117.                <div class="cta-form">
  118.                  <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div>
  119.                  <div class="cta-form-content">[contact-form-7]
  120. </div>
  121.                </div>
  122.              </div>
  123.            </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/hire-a-legal-counsel-for-your-litigation-in-court/">Hire a legal counsel for your litigation in court</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  124. ]]></content:encoded>
  125. </item>
  126. <item>
  127. <title>Top 10 tips before taking your dispute to litigation</title>
  128. <link>https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/</link>
  129. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  130. <pubDate>Sat, 02 Mar 2024 08:21:56 +0000</pubDate>
  131. <category><![CDATA[Uncategorized]]></category>
  132. <guid isPermaLink="false">https://www.delorean.law/?p=6412</guid>
  133.  
  134. <description><![CDATA[<p>The post <a href="https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/">Top 10 tips before taking your dispute to litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  135. ]]></description>
  136. <content:encoded><![CDATA[<div class="wpb-content-wrapper"><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12"><div class="vc_column-inner"><div class="wpb_wrapper">
  137. <div class="wpb_text_column wpb_content_element " >
  138. <div class="wpb_wrapper">
  139. <p>Dealing with litigation is an unpleasant but sometimes inevitable aspect of running a business. It can be a resource-intensive process that not only involves financial costs, but can also have personal and emotional consequences for those involved.For entrepreneurs and small business owners facing the possibility of starting a dispute, it is therefore important to enter the process well prepared.</p>
  140. <p>In this post, we’ll walk you through ten key tips that can help you navigate this complex situation, minimize strain and maximize your prospects for a successful outcome.</p>
  141. <p>&nbsp;</p>
  142. <h2 id="h-avoid-costs" class="wp-block-heading"><strong>Avoid Costs</strong></h2>
  143. <p>&nbsp;</p>
  144. <ol>
  145. <li style="list-style-type: none;">
  146. <ol>
  147. <li><strong>Prevention:</strong> The first step is to try to prevent potential litigation. This means having clear and detailed contracts, documenting communication and business transactions and establishing good relationships with customers, suppliers and partners.</li>
  148. <li><strong>Explore alternative dispute resolution methods:</strong> If litigation seems unavoidable, explore the possibilities for mediation or arbitration before taking the matter to court. These methods can be less time and cost consuming.</li>
  149. </ol>
  150. </li>
  151. </ol>
  152. <p>&nbsp;</p>
  153. <h2 id="h-agree" class="wp-block-heading"><strong>Agree</strong></h2>
  154. <p>&nbsp;</p>
  155. <ol>
  156. <li style="list-style-type: none;">
  157. <ol>
  158. <li><strong>Dialogue:</strong> Before proceeding with litigation, try to resolve the problem through dialogue. Sometimes an open discussion where both parties listen can lead to a solution without legal action.</li>
  159. <li><strong>Negotiations:</strong> If you can, conduct negotiations to come to an agreement. Being willing to compromise can save both sides time and money.</li>
  160. </ol>
  161. </li>
  162. </ol>
  163. <p>&nbsp;</p>
  164. <h2 id="h-impact-assessment-of-litigation" class="wp-block-heading"><strong>Impact assessment</strong> of litigation</h2>
  165. <p>&nbsp;</p>
  166. <ol>
  167. <li style="list-style-type: none;">
  168. <ol>
  169. <li><strong>Assess the impact:</strong> Analyse the potential for loss and what litigation will mean for your business. It is important to weigh the costs of a dispute against the potential gain.</li>
  170. </ol>
  171. </li>
  172. </ol>
  173. <p>&nbsp;</p>
  174. <h2 id="h-legal-analysis" class="wp-block-heading"><strong>Legal Analysis</strong></h2>
  175. <p>&nbsp;</p>
  176. <ol>
  177. <li style="list-style-type: none;">
  178. <ol>
  179. <li><strong>Understand your rights:</strong> A full legal analysis is critical to understanding the strength of your case. This includes being familiar with relevant laws, previous court cases and standards of proof.</li>
  180. </ol>
  181. </li>
  182. </ol>
  183. <p>&nbsp;</p>
  184. <h2 id="h-stress-in-litigation" class="wp-block-heading"><strong>Stress</strong> in litigation</h2>
  185. <p>&nbsp;</p>
  186. <ol>
  187. <li style="list-style-type: none;">
  188. <ol>
  189. <li><strong>Prepared for stress:</strong> Be mentally ready for the stress of legal process. Try to maintain a balance between work and personal life to manage stress in a healthy way.</li>
  190. </ol>
  191. </li>
  192. </ol>
  193. <p>&nbsp;</p>
  194. <h2 id="h-hire-legal-counsel" class="wp-block-heading"><strong>Hire legal counsel</strong></h2>
  195. <p>&nbsp;</p>
  196. <ol>
  197. <li style="list-style-type: none;">
  198. <ol>
  199. <li><strong>Correct representation:</strong> Hiring a qualified lawyer who understands your industry and has experience in similar disputes is of great importance. The right representative can help navigate you through the legal process and increase the chances of a positive outcome.</li>
  200. <li><strong>Cost analysis for agents:</strong> You should also analyse the costs of hiring legal counsel and other experts that may be needed.Weight the possible profit from the dispute against its total costs, including attorneys&#8217; fees.</li>
  201. <li><strong>Long-term perspective:</strong> Finally, consider the long-term effects of litigation. Sometimes a short-term loss may be preferable to a lengthy and expensive process.</li>
  202. </ol>
  203. </li>
  204. </ol>
  205. <p>Managing a dispute can be one of the most challenging aspects of running a business. By taking these tips on board and carefully considering every aspect of the process, you can make informed decisions that reduce risk and maximize your chances of success. Regardless of the outcome, each experience is a learning process that can contribute to your development as an entrepreneur and business leader.</p>
  206.  
  207. </div>
  208. </div>
  209. </div></div></div></div><div class="vc_row wpb_row vc_row-fluid"><div class="wpb_column vc_column_container vc_col-sm-12 vc_col-has-fill"><div class="vc_column-inner vc_custom_1709367642828"><div class="wpb_wrapper"><div class="os-container">
  210.              <div class="os-cta-form-w" style="background-image: url();">
  211.                <div class="cta-form">
  212.                  <div class="cta-form-header-w"><div class="cta-form-description">Call us at + 46 (0) 8 410 194 00 or fill out the form below to get in contact with us to see if we would be a good match for you and your business.</div></div>
  213.                  <div class="cta-form-content">[contact-form-7]
  214. </div>
  215.                </div>
  216.              </div>
  217.            </div></div></div></div></div></div><p>The post <a href="https://www.delorean.law/top-10-tips-before-taking-your-dispute-to-litigation/">Top 10 tips before taking your dispute to litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  218. ]]></content:encoded>
  219. </item>
  220. <item>
  221. <title>Why hire an attorney that is an expert on contract law?</title>
  222. <link>https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/</link>
  223. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  224. <pubDate>Fri, 01 Mar 2024 12:39:53 +0000</pubDate>
  225. <category><![CDATA[Uncategorized]]></category>
  226. <guid isPermaLink="false">https://www.delorean.law/?p=6406</guid>
  227.  
  228. <description><![CDATA[<p>Running a business means dealing with a myriad of contracts and legal documents.&#160;These agreements are the backbone of your company&#8217;s transactions and relationships.&#160;This can range from buying and selling to employment contracts and partnership agreements. Navigating the intricate jungle of contract law can be a challenge, and the consequences of mismanaged contracts can be devastating...</p>
  229. <div class=" [&#8230;]"><a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Read More</a></div>
  230. <p>The post <a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Why hire an attorney that is an expert on contract law?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  231. ]]></description>
  232. <content:encoded><![CDATA[
  233. <p>Running a business means dealing with a myriad of contracts and legal documents.&nbsp;These agreements are the backbone of your company&#8217;s transactions and relationships.&nbsp;This can range from buying and selling to employment contracts and partnership agreements.</p>
  234.  
  235.  
  236.  
  237. <p>Navigating the intricate jungle of contract law can be a challenge, and the consequences of mismanaged contracts can be devastating for your business.&nbsp;Here we explain why hiring a lawyer who specializes in contract law is an excellent idea.</p>
  238.  
  239.  
  240.  
  241. <h2 class="wp-block-heading" id="h-better-use-of-time"><a></a><strong>Better use of time</strong></h2>
  242.  
  243.  
  244.  
  245. <p>Time is one of the most valuable resources for small and medium-sized business owners.&nbsp;Trying to become an expert in contract law yourself is a time-consuming task that takes you away from your company&#8217;s core business.&nbsp;By hiring a lawyer who knows contract law, you can refocus your time where it is most needed &#8211; on growing your business.</p>
  246.  
  247.  
  248.  
  249. <h2 class="wp-block-heading" id="h-better-ideas"><a></a><strong>Better Ideas</strong></h2>
  250.  
  251.  
  252.  
  253. <p>A lawyer not only provides legal expertise; they can also offer creative solutions to complex problems.&nbsp;When it comes to contract negotiations, a lawyer can help you think outside the box and come up with contractual terms that add value to your company and support your business goals.</p>
  254.  
  255.  
  256.  
  257. <h2 class="wp-block-heading" id="h-higher-efficiency"><a></a><strong>Higher efficiency</strong></h2>
  258.  
  259.  
  260.  
  261. <p>For a business lawyer, contract law is an everyday activity.&nbsp;They have the experience and tools to quickly identify and manage potential risks in contracts.&nbsp;Their knowledge ensures that contracts are not only legally correct, but also optimized for efficiency and implementation.&nbsp;This minimizes the time spent on contract review and gives you a faster turnaround time for your business transactions.</p>
  262.  
  263.  
  264.  
  265. <h2 class="wp-block-heading" id="h-more-fun"><a></a><strong>More fun</strong></h2>
  266.  
  267.  
  268.  
  269. <p>Yes, you read that right.&nbsp;Having a competent lawyer by your side can actually make business law fun!&nbsp;Freeing yourself from the heavy legal burden and seeing how a professional navigates contractual complexities can give you new perspectives on how to run and grow your business.&nbsp;Instead of worrying about contract writing, you can focus on the exciting part of building relationships and strategies.</p>
  270.  
  271.  
  272.  
  273. <h2 class="wp-block-heading" id="h-summary"><a></a><strong>Summary</strong></h2>
  274.  
  275.  
  276.  
  277. <p>Ultimately, the choice to hire a lawyer for contractual matters is a choice for the future growth and stability of your business.&nbsp;This is an investment in security, quality and innovation.&nbsp;Use the expertise of a lawyer to protect your business and give you peace of mind &#8211; allowing you to do what you do best: run and grow your business.</p>
  278. <p>The post <a href="https://www.delorean.law/why-hire-an-attorney-that-is-an-expert-on-contract-law/">Why hire an attorney that is an expert on contract law?</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  279. ]]></content:encoded>
  280. </item>
  281. <item>
  282. <title>Why you should hire a legal counsel for litigation</title>
  283. <link>https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/</link>
  284. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  285. <pubDate>Fri, 01 Mar 2024 12:14:00 +0000</pubDate>
  286. <category><![CDATA[Uncategorized]]></category>
  287. <guid isPermaLink="false">https://www.delorean.law/?p=6400</guid>
  288.  
  289. <description><![CDATA[<p>When faced with litigation, it can be tempting to navigate the legal system on your own, especially as a small business owner or individual to save costs.&#160;But this strategy can quickly prove costly, both in terms of time and money, and also in the end result of the dispute.&#160;Here are the reasons why it is...</p>
  290. <div class=" [&#8230;]"><a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Read More</a></div>
  291. <p>The post <a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Why you should hire a legal counsel for litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  292. ]]></description>
  293. <content:encoded><![CDATA[
  294. <p>When faced with litigation, it can be tempting to navigate the legal system on your own, especially as a small business owner or individual to save costs.&nbsp;But this strategy can quickly prove costly, both in terms of time and money, and also in the end result of the dispute.&nbsp;Here are the reasons why it is wise to hire a legal representative when you are drawn into legal trouble.</p>
  295.  
  296.  
  297.  
  298. <h2 class="wp-block-heading" id="h-expertise-and-experience"><a></a>Expertise and Experience</h2>
  299.  
  300.  
  301.  
  302. <p>Legal advisors often have many years of training and experience behind them and an in-depth understanding of law and jurisprudence.&nbsp;They can navigate complex legal documents, interpret legal text, and apply it to your case in a way that maximally benefits your position.&nbsp;With the eyes of an expert, subtle nuances in legislation can be identified and used to your advantage.</p>
  303.  
  304.  
  305.  
  306. <h2 class="wp-block-heading" id="h-risk-management"><a></a>Risk management</h2>
  307.  
  308.  
  309.  
  310. <p>A competent legal adviser knows how to identify and manage potential risks in a legal dispute.&nbsp;They can provide valuable insights into the kinds of settlements or court decisions to expect, and help weigh the options.&nbsp;Preventing risks before they become problems can save you a lot in the long run.</p>
  311.  
  312.  
  313.  
  314. <h2 class="wp-block-heading" id="h-time-saving"><a></a>Time saving</h2>
  315.  
  316.  
  317.  
  318. <p>Dealing with a legal dispute requires a lot of time—time that could be spent running your business or taking care of personal affairs.&nbsp;Legal advisors can take over heavy processes and paperwork so you can get on with your daily life while they attend to your legal affairs.</p>
  319.  
  320.  
  321.  
  322. <h2 class="wp-block-heading" id="h-negotiation-and-representation"><a></a>Negotiation and Representation</h2>
  323.  
  324.  
  325.  
  326. <p>Whether it&#8217;s reaching a settlement out of court or acting in court, legal advisers can effectively negotiate on your behalf.They have the knowledge to argue your case and ensure that your rights and interests are defended in the best way.</p>
  327.  
  328.  
  329.  
  330. <h2 class="wp-block-heading" id="h-complex-legal-rules"><a></a>Complex legal rules</h2>
  331.  
  332.  
  333.  
  334. <p>Legal rules can be intricate and arcane, especially for the unaccustomed.&nbsp;A legal representative is familiar with the procedural requirements and legal subtleties that can determine the outcome of a case.</p>
  335.  
  336.  
  337.  
  338. <h2 class="wp-block-heading" id="h-cost-effectiveness"><a></a>Cost-effectiveness</h2>
  339.  
  340.  
  341.  
  342. <p>While it may seem expensive to hire a legal adviser, it can in fact be more cost-effective in the long run.&nbsp;A legal adviser can prevent expensive mistakes that can occur if you try to handle the matter yourself.&nbsp;It can also mean a better financial settlement for you.</p>
  343.  
  344.  
  345.  
  346. <h2 class="wp-block-heading" id="h-summary"><a></a>Summary</h2>
  347.  
  348.  
  349.  
  350. <p>Hiring a legal advisor not only gives you peace of mind but also a better margin of maneuver in your litigation.&nbsp;The legal advisor&#8217;s expertise, experience, and negotiating skills can be critical to the outcome of your case.&nbsp;As a small business owner or individual facing a legal dispute, you should seriously consider the benefits of professional legal assistance.&nbsp;It is an investment in both your case and your future well-being.</p>
  351.  
  352.  
  353.  
  354. <p><em>Before making a decision, take the time to consult with a qualified legal advisor to discuss your specific needs and options.</em></p>
  355. <p>The post <a href="https://www.delorean.law/why-you-should-hire-a-legal-counsel-for-litigation/">Why you should hire a legal counsel for litigation</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  356. ]]></content:encoded>
  357. </item>
  358. <item>
  359. <title>Former employee is deemed to have already received reasonable compensation for invention</title>
  360. <link>https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/</link>
  361. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  362. <pubDate>Fri, 16 Feb 2024 13:14:50 +0000</pubDate>
  363. <category><![CDATA[Uncategorized]]></category>
  364. <guid isPermaLink="false">https://www.delorean.law/?p=6126</guid>
  365.  
  366. <description><![CDATA[<p>The inventor of a product believes that he has not been compensated in reasonable compensation by the company selling the product.&#160;However, the company argues that the inventor has already been compensated to a reasonable extent and that the product has not generated any significant revenue. The Patent and Market Court finds that the inventor has...</p>
  367. <div class=" [&#8230;]"><a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Read More</a></div>
  368. <p>The post <a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Former employee is deemed to have already received reasonable compensation for invention</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  369. ]]></description>
  370. <content:encoded><![CDATA[
  371. <p><strong>The inventor of a product believes that he has not been compensated in reasonable compensation by the company selling the product.</strong><strong>&nbsp;</strong><strong>However, the company argues that the inventor has already been compensated to a reasonable extent and that the product has not generated any significant revenue.</strong></p>
  372.  
  373.  
  374.  
  375. <p><strong>The Patent and Market Court finds that the inventor has failed to show that the invention had more than a limited value to the company, which is why a normal salary, bonuses and benefits constituted reasonable compensation for his work.</strong><strong></strong></p>
  376.  
  377.  
  378.  
  379. <p>The company C-Rad Positioning owns a patented invention called Sentinel that is used to position cancer patients correctly in radiation therapy.&nbsp;The inventor of Sentinel claims it is C-rad Positioning&#8217;s most prominent product, which has contributed an estimated revenue of more than SEK 400 million to the company.&nbsp;However, he is of the opinion that the company did not give him reasonable compensation for the invention, which is why he is bringing an action in the Patent and Market Court (PMC) with a claim for approximately SEK 20 million.&nbsp;C-Rad Positioning, on the other hand, claims that the invention had hardly any impact on their turnover.&nbsp;Furthermore, the company argues that the inventor has already received reasonable compensation for his work in the form of a competitive salary, bonuses and benefits.</p>
  380.  
  381.  
  382.  
  383. <p>The PMC states at the outset that an employer, according to Section 3 of the Act on the Right to Employees&#8217; Inventions (LAU), has the right to take over an invention created by an employee.&nbsp;If the company takes over the invention, the inventor is also entitled to reasonable compensation in accordance with Section 6 of the LAU.&nbsp;When determining what constitutes reasonable compensation, the value of the invention must be taken into account.&nbsp;Furthermore, compensation shall only be paid to the extent that the value of the acquired invention exceeds what can reasonably be expected with regard to the employee&#8217;s salary and other benefits in the service.</p>
  384.  
  385.  
  386.  
  387. <p>The Court notes that a complicating factor is that Sentinel is used as one of several functions of a product called Catalyst, which is also provided by C-Rad Positioning.</p>
  388.  
  389.  
  390.  
  391. <p>Furthermore, it is the use of Catalyst as a whole that has generated significant revenue for the company.&nbsp;The inventor believes that Sentinel is the main reason why Catalyst has given the company such a large income and is also always included in the sale of Catalyst.&nbsp;Instead, it argues that Sentinel is merely an option that is not always used.&nbsp;Thus, the court does not see it as self-evident how much revenue Sentinel has generated, which in turn complicates the assessment of what is to be regarded as reasonable compensation to the inventor according to LAU.</p>
  392.  
  393.  
  394.  
  395. <p>According to the PMC, the evidence presented in the case shows that there is a great demand for Catalyst.&nbsp;It is also seen as shown that the company emphasizes Sentinel in its marketing and that the invention is fairly often included when Catalyst is sold to customers.&nbsp;However, in view of the investigation presented, the court does not consider itself able to determine exactly how much of the company&#8217;s revenue can be attributed to Sentinel.&nbsp;The court&#8217;s overall assessment is therefore that the inventor has not succeeded in showing that Sentinel had more than a relatively limited value for C-Rad Positioning.&nbsp;It is further stated that the inventor&#8217;s salary was normal for his position and that he enjoyed both bonuses and other benefits.PMC therefore finds that the inventor has been compensated to a reasonable extent for his work with the development of Sentinel.&nbsp;He is therefore not entitled to any further compensation, which is why C-Rad Positioning wins the case.</p>
  396. <p>The post <a href="https://www.delorean.law/former-employee-is-deemed-to-have-already-received-reasonable-compensation-for-invention/">Former employee is deemed to have already received reasonable compensation for invention</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  397. ]]></content:encoded>
  398. </item>
  399. <item>
  400. <title>Tobacco company is banned from sponsoring music festivals</title>
  401. <link>https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/</link>
  402. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  403. <pubDate>Fri, 16 Feb 2024 13:14:49 +0000</pubDate>
  404. <category><![CDATA[Uncategorized]]></category>
  405. <guid isPermaLink="false">https://www.delorean.law/?p=6130</guid>
  406.  
  407. <description><![CDATA[<p>The Patent and Market Court finds that an agreement, the purpose of which was to promote a company&#8217;s sale of tobacco products at festivals, constitutes sponsorship.&#160;As the sponsorship of tobacco products is prohibited, the court issues a ban accompanied by a fine for the company to continue with the action. The company JTI Sweden manufactures...</p>
  408. <div class=" [&#8230;]"><a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Read More</a></div>
  409. <p>The post <a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Tobacco company is banned from sponsoring music festivals</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  410. ]]></description>
  411. <content:encoded><![CDATA[
  412. <p><strong>The Patent and Market Court finds that an agreement, the purpose of which was to promote a company&#8217;s sale of tobacco products at festivals, constitutes sponsorship.</strong><strong>&nbsp;</strong><strong>As the sponsorship of tobacco products is prohibited, the court issues a ban accompanied by a fine for the company to continue with the action.</strong></p>
  413.  
  414.  
  415.  
  416. <p>The company JTI Sweden manufactures and sells tobacco products to various retailers.&nbsp;In June 2018, JTI enters into a cooperation agreement with the company Luger, which organizes music festivals in Sweden, whereby JTI is given an exclusive right to market its products at Luger&#8217;s events.&nbsp;The consumer ombudsman believes that the agreement contravenes the sponsorship ban in ch. 4.&nbsp;Section 8 of the Act on Tobacco and Similar Products (Tobacco Act) and is therefore not permitted.&nbsp;The ombudsman is therefore suing JTI at the Patent and Market Court (PMD) demanding that JTI, at the risk of a fine, be prohibited from sponsoring the festivals.&nbsp;JTI, for its part, believes that it is not a matter of sponsorship, as Luger is obliged to undertake certain counter-performances according to the agreement.</p>
  417.  
  418.  
  419.  
  420. <p>The court thus has to decide whether the collaboration between JTI and Luger is to be seen as sponsorship according to ch. 4.&nbsp;Section 8 of the Tobacco Act or not.&nbsp;The provision stipulates that manufacturers and wholesalers of tobacco products may not sponsor events to which the public has access.&nbsp;However, there is no definition of what is to be considered sponsorship in the law.&nbsp;According to the PMD, however, the Tobacco Act must be interpreted in accordance with the EU-issued Tobacco Advertising Directive, which stipulates that any form of public or private contribution is covered.&nbsp;The court thus states that the term should be given a broad meaning.&nbsp;It is also noted that a contribution does not have to be made without a demand for compensation in order to be seen as sponsorship according to the directive; JTI&#8217;s objection that the agreement does not constitute sponsorship as Luger is obliged to take counter-performances is therefore irrelevant.Although the Tobacco Advertising Directive advocates a broad interpretation of the concept of sponsorship, the Court does not consider that every form of financial gain that an organizer of an event receives through the marketing of tobacco products should be covered.&nbsp;Instead, PMD believes that an assessment must be made from situation to situation.&nbsp;&nbsp;</p>
  421.  
  422.  
  423.  
  424. <p>According to the court, it is clear in the case that JTI paid marketing contributions to Luger on four occasions during 2019.The agreement stipulates that such contributions shall only be paid if Luger fulfills all commitments agreed upon by the parties.&nbsp;Agreed commitments include Luger only selling JTI&#8217;s products at their festivals and giving them good exposure at points of sale and in vending machines.&nbsp;Furthermore, the agreement gives Luger a right to the profit from the sale of JTI&#8217;s products at the festivals.&nbsp;PMD submits that the right to profit from sales may be an arrangement whereby Luger acts as a retailer of JTI&#8217;s products and therefore does not qualify as sponsorship.&nbsp;However, the marketing contribution may constitute sponsorship according to the court.</p>
  425.  
  426.  
  427.  
  428. <p>Despite several marketing grants being paid, JTI claims Luger has not fulfilled all of its obligations under the agreement.&nbsp;It is therefore believed that several of the measures that could be considered sponsorship were never carried out.&nbsp;The court states that there is insufficient evidence to determine for sure whether this is the case, but notes that according to the preparatory work for the Tobacco Act, it is sufficient that&nbsp;<em>the purpose</em>&nbsp;of a measure has been to promote the sale of a tobacco product.&nbsp;In the case, the court considers that the marketing contribution was in any case an incentive for Luger to only sell JTI&#8217;s tobacco products at the festivals and to ensure that the products are displayed.&nbsp;The court&#8217;s assessment is therefore that the agreement was meant to promote the sale of JTI&#8217;s tobacco products by contributing to visitors&#8217; exposure to these in a way that would not otherwise have happened.&nbsp;Overall, PMD therefore considers that the agreement between the parties constitutes sponsorship, which is why it contravenes the sponsorship ban.</p>
  429.  
  430.  
  431.  
  432. <p>The court states that contributions that contravene the sponsorship ban are to be seen as improper marketing according to Section 6 of the Marketing Act.&nbsp;It therefore issues a prohibition accompanied by a fine for JTI to continue with the marketing measures under the agreement with Luger.&nbsp;Furthermore, the court states that the public interest in market law prohibitions being followed is significant and that the purpose of the prohibition in the case is public health protection.&nbsp;</p>
  433. <p>The post <a href="https://www.delorean.law/tobacco-company-is-banned-from-sponsoring-music-festivals/">Tobacco company is banned from sponsoring music festivals</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  434. ]]></content:encoded>
  435. </item>
  436. <item>
  437. <title>Agreement gives the Swedish Migration Agency the right to use software without time limit</title>
  438. <link>https://www.delorean.law/agreement-gives-the-swedish-migration-agency-the-right-to-use-software-without-time-limit/</link>
  439. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  440. <pubDate>Fri, 16 Feb 2024 13:14:48 +0000</pubDate>
  441. <category><![CDATA[Uncategorized]]></category>
  442. <guid isPermaLink="false">https://www.delorean.law/?p=6134</guid>
  443.  
  444. <description><![CDATA[<p>The Swedish Migration Agency has a dispute with a company regarding the right to use software.&#160;The authority considers that it has paid for the right to use the program without a time limit, while the company believes that this is not the case.&#160;The Patent and Market Court finds that the company has not been sufficiently...</p>
  445. <div class=" [&#8230;]"><a href="https://www.delorean.law/agreement-gives-the-swedish-migration-agency-the-right-to-use-software-without-time-limit/">Read More</a></div>
  446. <p>The post <a href="https://www.delorean.law/agreement-gives-the-swedish-migration-agency-the-right-to-use-software-without-time-limit/">Agreement gives the Swedish Migration Agency the right to use software without time limit</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  447. ]]></description>
  448. <content:encoded><![CDATA[
  449. <p><strong>The Swedish Migration Agency has a dispute with a company regarding the right to use software.</strong><strong>&nbsp;</strong><strong>The authority considers that it has paid for the right to use the program without a time limit, while the company believes that this is not the case.</strong><strong>&nbsp;</strong><strong>The Patent and Market Court finds that the company has not been sufficiently clear about its intention to only allow the use of the software for a certain period, which is why the Swedish Migration Agency is granted the right of use without a time limit.</strong><strong></strong></p>
  450.  
  451.  
  452.  
  453. <p>The Swedish Migration Agency has an ongoing agreement with the company Speed regarding, among other things, various types of software.&nbsp;&nbsp;The authority then continues to use one of the programmes after the contractual relationship, and thus also the monthly payments to Speed, have ended.&nbsp;According to the Authority, this is in accordance with the agreement of the parties as it considers that it has acquired a right to use the program without a time limit.&nbsp;However, Speed argues that the agreement only provides a right of use on the condition that the Migration Agency continues to pay on an ongoing basis.&nbsp;The company is therefore bringing an action in the Patent and Market Court (PMC) with a claim for compensation for the period during which the authority used the product without paying.</p>
  454.  
  455.  
  456.  
  457. <p>The court must therefore decide how far the authority&#8217;s right to use the programme extends in time.&nbsp;According to Speed, the agreement contains conflicting terms regarding the right to use the software, as there are two separate provisions with incompatible content that regulate the issue.&nbsp;One of the conditions can be found under the heading &#8220;Main Agreement&#8221; and stipulates that the Swedish Migration Agency obtains full ownership and disposal rights to all intellectual property rights that have been created or acquired on behalf of the Agency.&nbsp;According to Speed, the condition means that the Swedish Migration Agency only receives a right of use without a time limit to software that the company offers as a result of its cooperation with the authority.&nbsp;However, the programme to which the dispute relates is part of the company&#8217;s ordinary offering, which is why it considers that it is not covered.&nbsp;The condition that is contradictory to Speed is stated in the tender documents, where the Swedish Migration Agency has set up requirements regarding the right of use, which the company has been able to answer with either &#8220;Yes&#8221; or &#8220;No&#8221;.&nbsp;According to the condition, the Finnish Immigration Service is granted an unlimited right of use to the software covered by the agreement.</p>
  458.  
  459.  
  460.  
  461. <p>In addition, the agreement contains a letter determining the hierarchy of the various conditions in the event of inconsistency.&nbsp;According to the hierarchy, the terms of the main agreement take precedence, which Speed believes means that the provision that gives the Swedish Migration Agency a right of use without a time limit should take precedence.Instead, the Migration Board argues that one condition regulates the right of ownership and disposal, while the other applies to the right of use.&nbsp;Thus, according to the Authority, the provisions are not contradictory, but rather complement each other.&nbsp;The court looks at the terms and conditions of the agreement and notes that the wording clearly supports the authority&#8217;s interpretation.&nbsp;Furthermore, the Court does not agree with Speed&#8217;s assessment that it is implicit in the letter in the main agreement that the Migration Board is not granted a time-limited right to use software is part of the company&#8217;s ordinary offering.&nbsp;It must therefore be held that the provisions in question are complementary rather than contradictory.</p>
  462.  
  463.  
  464.  
  465. <p>Speed argues, however, that it supplemented its reply to the specifications with a free-text reply stating that it undertook to grant the authority full and indefinite rights of use of the intermediate goods to be supplied.&nbsp;According to Speed, that letter means that the Migration Board is granted such a right of use only to the middleware and that the program at issue does not fall within that category of software.&nbsp;The Court notes that the letter in question does not unequivocally state that the Migration Board is to be granted only a right of use without a time limit to intermediate goods.&nbsp;This, combined with the fact that Speed answered yes to the Migration Board&#8217;s demands in the tender documents, leads the court to the conclusion that the authority has acquired a right of use without a time limit to the disputed software as well.&nbsp;The Swedish Migration Agency thus has the right to continue to use the software even though the agreement with Speed has not been extended.&nbsp;&nbsp;</p>
  466. <p>The post <a href="https://www.delorean.law/agreement-gives-the-swedish-migration-agency-the-right-to-use-software-without-time-limit/">Agreement gives the Swedish Migration Agency the right to use software without time limit</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  467. ]]></content:encoded>
  468. </item>
  469. <item>
  470. <title>The HD decides that the HovR shall hear cases about security measures according to the RB</title>
  471. <link>https://www.delorean.law/the-hd-decides-that-the-hovr-shall-hear-cases-about-security-measures-according-to-the-rb/</link>
  472. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  473. <pubDate>Fri, 16 Feb 2024 13:14:47 +0000</pubDate>
  474. <category><![CDATA[Uncategorized]]></category>
  475. <guid isPermaLink="false">https://www.delorean.law/?p=6144</guid>
  476.  
  477. <description><![CDATA[<p>A licensee refuses to pay for software and its support because they believe the product and service are of poor quality.&#160;The licensor therefore announces that it will refuse the licensee continued access to the program if the invoices are not paid.&#160;Since the licensee does not consider itself liable for payment, but estimates that the damage...</p>
  478. <div class=" [&#8230;]"><a href="https://www.delorean.law/the-hd-decides-that-the-hovr-shall-hear-cases-about-security-measures-according-to-the-rb/">Read More</a></div>
  479. <p>The post <a href="https://www.delorean.law/the-hd-decides-that-the-hovr-shall-hear-cases-about-security-measures-according-to-the-rb/">The HD decides that the HovR shall hear cases about security measures according to the RB</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  480. ]]></description>
  481. <content:encoded><![CDATA[
  482. <p><strong>A licensee refuses to pay for software and its support because they believe the product and service are of poor quality.</strong><strong>&nbsp;</strong><strong>The licensor therefore announces that it will refuse the licensee continued access to the program if the invoices are not paid.</strong><strong>&nbsp;</strong><strong>Since the licensee does not consider itself liable for payment, but estimates that the damage will be unforeseeably large if the program cannot continue to be used, the licensee requests that the court order a safety measure under Chapter 15.</strong><strong>&nbsp;</strong><strong>Section 3 of the Code of Procedure.</strong><strong>&nbsp;</strong><strong>The District Court considers that the conditions do not exist for ordering a security measure and the Court of Appeal chooses not to grant leave to appeal.</strong><strong></strong><strong>However, the Supreme Court finds that the issue has not been sufficiently elucidated in case law and therefore decides that the Court of Appeal should examine the issue on its merits.</strong></p>
  483.  
  484.  
  485.  
  486. <p>The company Nordbro has signed an agreement with Aptic for software license and support.&nbsp;However, Nordbro is of the opinion that neither the software nor Aptic&#8217;s support meets the agreed standard.&nbsp;Consequently, Nordbro considers that it has no liability for the invoices, amounting to almost 1.5 million, issued by Aptic for support.&nbsp;According to the parties&#8217; agreement, the license key is provided for one year at a time.&nbsp;However, because of the unpaid invoices, Aptic sends a license key that is only valid for one quarter and also informs Norbro that it is considering withholding the license key entirely if the support invoices are not paid.</p>
  487.  
  488.  
  489.  
  490. <p>When the parties fail to reach an agreement on the dispute, Nordbro takes the matter to court.&nbsp;Due to expected processing times at the District Court and the fact that the license key will soon expire, Nordbro applies for Aptic to be ordered to hand over license keys according to the agreement through a so-called security measure under Chapter 15.&nbsp;Section 3 of the Code of Procedure.&nbsp;A precautionary decision means that in urgent cases, without prior trial, a court decides on measures pending trial.&nbsp;However, a decision on security measures can only be taken if there are strong reasons.&nbsp;Nordbro believes that the damage will be incalculably large if the license key expires before the next delivery and that there are therefore conditions for deciding on a security measure.</p>
  491.  
  492.  
  493.  
  494. <p>The district court finds that there are no sufficiently strong reasons and therefore rejects the application, whereupon Nordbro appeals to the Court of Appeal.&nbsp;The Court of Appeal states that leave to appeal is required and that such permission should only be granted if there is reason to doubt that the District Court has reached a correct decision or if it is important for the future application of the law.&nbsp;As the Court finds that none of the requirements are met, it considers that there are no grounds for granting leave to appeal and Nordbro appeals to the Supreme Court.&nbsp;The Supreme Court finds that the question of whether the conditions for a security measure exist has not been sufficiently clarified in case law.&nbsp;It is therefore considered that it is important for the application of the law that the case be examined by a higher court and decides that the Court of Appeal should examine the question on the merits.</p>
  495. <p>The post <a href="https://www.delorean.law/the-hd-decides-that-the-hovr-shall-hear-cases-about-security-measures-according-to-the-rb/">The HD decides that the HovR shall hear cases about security measures according to the RB</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  496. ]]></content:encoded>
  497. </item>
  498. <item>
  499. <title>Strong doubts regarding the content of the purchase agreement &#8211; purchase of property is lifted</title>
  500. <link>https://www.delorean.law/strong-doubts-regarding-the-content-of-the-purchase-agreement-purchase-of-property-is-lifted/</link>
  501. <dc:creator><![CDATA[Pontus Sörlin]]></dc:creator>
  502. <pubDate>Sat, 11 Jun 2022 20:58:49 +0000</pubDate>
  503. <category><![CDATA[Nyheter]]></category>
  504. <guid isPermaLink="false">https://www.delorean.law/?p=5936</guid>
  505.  
  506. <description><![CDATA[<p>The parties to a house deal disagree on whether payment for the house occurred. Purchase document and liquidity bill confirming that the payment has been made are signed. However, the seller&#8217;s son, who is a party to the case since the seller passed away, claims that this is not the case and therefore wants to...</p>
  507. <div class=" [&#8230;]"><a href="https://www.delorean.law/strong-doubts-regarding-the-content-of-the-purchase-agreement-purchase-of-property-is-lifted/">Read More</a></div>
  508. <p>The post <a href="https://www.delorean.law/strong-doubts-regarding-the-content-of-the-purchase-agreement-purchase-of-property-is-lifted/">Strong doubts regarding the content of the purchase agreement &#8211; purchase of property is lifted</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  509. ]]></description>
  510. <content:encoded><![CDATA[<div>
  511. <p class="target"><b><span lang="EN-US">The parties to a house deal disagree on whether payment for the house occurred.</span></b></p>
  512. </div>
  513. <div>
  514. <p class="target"><b><span lang="EN-US">Purchase document and liquidity bill confirming that the payment has been made are signed.</span></b></p>
  515. </div>
  516. <div>
  517. <p class="target"><b><span lang="EN-US">However, the seller&#8217;s son, who is a party to the case since the seller passed away, claims that this is not the case and therefore wants to cancel the purchase.</span></b></p>
  518. </div>
  519. <div>
  520. <p class="target"><b><span lang="EN-US">The Court of Appeal finds, despite the signed documents, that the content of the contract and the course of events are so unclear that no payment has been shown.</span></b></p>
  521. </div>
  522. <div>
  523. <p class="target"><b><span lang="EN-US">The buyer thus loses the target and the purchase is lifted.</span></b></p>
  524. </div>
  525. <div>
  526. <p class="target"><span lang="EN-US">Two colleagues have agreed that one of them should buy a house from the other.</span></p>
  527. </div>
  528. <div>
  529. <p class="target"><span lang="EN-US">Purchase deed and liquidity bill have been signed by both parties at a meeting at a bank, according to the documents, the seller should pay 170,000 kr. for the house.</span></p>
  530. </div>
  531. <div>
  532. <p class="target"><span lang="EN-US">However, when it comes to the question whether payment has been made or not, the parties do not agree.</span></p>
  533. </div>
  534. <div>
  535. <p class="target"><span lang="EN-US">According to the buyer, the agreement was that the purchase price would be SEK 150 000, which he paid in cash before and during the meeting at the bank, according to his own statement.</span></p>
  536. </div>
  537. <div>
  538. <p class="target"><span lang="EN-US">He further claims that there was an altercation at the bank that resulted in the seller and her son, C.W, forcing him to sign the documents stating that the purchase price is instead SEK 170,000.</span></p>
  539. </div>
  540. <div>
  541. <p class="target"><span lang="EN-US">After the meeting, he claims to have paid the remaining 20,000 DKK, again with cash.</span></p>
  542. </div>
  543. <div>
  544. <p class="target"><span lang="EN-US">The seller dies after the meeting and C.W. therefore takes over her role as the seller&#8217;s counterpart.</span></p>
  545. </div>
  546. <div>
  547. <p class="target"><span lang="EN-US">He claims that his mother and the buyer were colleagues and that she had therefore trusted the money to be paid by contract, despite no purchase price being paid when the documents were signed.</span></p>
  548. </div>
  549. <div>
  550. <p class="target"><span lang="EN-US">The purchase document states that the purchase may be cancelled if one of the parties commits breach of contract that is of no small importance to the counterparty.</span></p>
  551. </div>
  552. <div>
  553. <p class="target"><span lang="EN-US">C.W. is therefore bringing an action against the buyer in the District Court (TR), claiming that the purchase be lifted.</span></p>
  554. </div>
  555. <div>
  556. <p class="target"><span lang="EN-US">TR considers that it is up to the buyer to prove that the payment has been made.</span></p>
  557. </div>
  558. <div>
  559. <p class="target"><span lang="EN-US">The evidence he has presented is that the seller signed the purchase documents, which according to the court is sufficient to prove that payment was made.</span></p>
  560. </div>
  561. <div>
  562. <p class="target"><span lang="EN-US">The burden of proof is therefore shifted to C.W. who has to show that payment did not take place.</span></p>
  563. </div>
  564. <div>
  565. <p class="target"><span lang="EN-US">Among other things, he invokes bank statements from his mother&#8217;s bank showing that no deposits were made equivalent to the sums the seller claims to have paid for the house.</span></p>
  566. </div>
  567. <div>
  568. <p class="target"><span lang="EN-US">However, since the buyer states that he paid in cash, the Court&#8217;s judgment is that the statement of accounts does not exclude the payment being made without being deposited into the seller&#8217;s account.</span></p>
  569. </div>
  570. <div>
  571. <p class="target"><span lang="EN-US">Further, C.W. invokes testimony as evidence, however, the court does not believe that these strengthen his case any further.</span></p>
  572. </div>
  573. <div>
  574. <p class="target"><span lang="EN-US">What the court believes speaks to the buyer&#8217;s detriment is mainly that in some respects he found it difficult to account for exactly how the payments have been done.</span></p>
  575. </div>
  576. <div>
  577. <p class="target"><span lang="EN-US">However, this is not judged enough to refute the signed documents why TR declares that C.W. has no right to lift the purchase.</span></p>
  578. </div>
  579. <div>
  580. <p class="target"><span lang="EN-US">C.W. appeals to the Court of Appeal (HoVR), which brings the case to review.</span></p>
  581. </div>
  582. <div>
  583. <p class="target"><span lang="EN-US">HoVR shares TR&#8217;s judgment that the signed documents should normally be seen as sufficient evidence for payment to be made.</span></p>
  584. </div>
  585. <div>
  586. <p class="target"><span lang="EN-US">The burden of proof is thus shifted over to C.W.</span></p>
  587. </div>
  588. <div>
  589. <p class="target"><span lang="EN-US">The court notes that the buyer has provided vague information about how the payment has been made and that he cannot show any receipts of his payments to the seller.</span></p>
  590. </div>
  591. <div>
  592. <p class="target"><span lang="EN-US">Furthermore, it is noted that the buyer states that only 150 000 SEK of the contracted DKK 170 000 had been paid at the meeting at the bank.</span></p>
  593. </div>
  594. <div>
  595. <p class="target"><span lang="EN-US">This means that the parties agree that the signed documents are not correct as they state that the full purchase price was paid at the time of signing.</span></p>
  596. </div>
  597. <div>
  598. <p class="target"><span lang="EN-US">The Court also looks at a testimony given by the banker who assisted the parties at the conclusion of the contract.</span></p>
  599. </div>
  600. <div>
  601. <p class="target"><span lang="EN-US">Among other things, the banker in question states that he strongly advised the seller from signing the documents because no money had yet been paid.</span></p>
  602. </div>
  603. <div>
  604. <p class="target"><span lang="EN-US">He further highlights that he would be firmly advised against payment by cash if agreed as it could pose problems due to money laundering legislation.</span></p>
  605. </div>
  606. <div>
  607. <p class="target"><span lang="EN-US">The overall judgment of the Court is that the evidence in the case raises such strong doubts about the content of the purchase agreement and the liquidity settlement that it can no longer be considered that payment has been made.</span></p>
  608. </div>
  609. <div>
  610. <p class="target"><span lang="EN-US">Nor has the seller presented any other evidence in the case to further substantiate his claim.</span></p>
  611. </div>
  612. <div>
  613. <p class="target"><span lang="EN-US">In view of the presumed non-payment, HoVR makes the judgment that C.W. has the right to cancel the purchase and thus the buyer loses the case.</span></p>
  614. </div>
  615. <p>The post <a href="https://www.delorean.law/strong-doubts-regarding-the-content-of-the-purchase-agreement-purchase-of-property-is-lifted/">Strong doubts regarding the content of the purchase agreement &#8211; purchase of property is lifted</a> appeared first on <a href="https://www.delorean.law">DeLorean Advokat</a>.</p>
  616. ]]></content:encoded>
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