McGregor

10 things you should know about the law

1 Ignorance of the law is no excuse. It is no defence to say that you were unaware that you were breaking the law. The fact that you did not know will not exonerate you.

2 The law continues to change. Although legislation is not rapidly altered in Jamaica, it is not safe to conclude, without first checking, that the law in respect of any transaction has remained unchanged. It is best to confirm the current state of the law before moving forward with any transaction.

3 You should never evade taxes. There is great wisdom in organising your affairs in a manner which will minimise your exposure to taxes, but engaging in illegal acts to escape paying taxes is never an answer.

4 You should always keep proper records. In organising your personal or professional affairs, the benefit of maintaining proper records cannot be overemphasised. Far too often, we find that costly litigation could be avoided if we had taken the time to keep our records in good order. These records may become invaluable pieces of evidence if litigation is the only answer.

5While lay persons can handle many simple transactions on their own, you would be well advised to retain an attorney when buying or selling land, entering into a commercial lease or drafting a complex will.

6 There is always a note of surprise when persons are advised that a will is automatically revoked by marriage. It is, therefore, worthwhile repeating that couples should prepare new wills as soon as possible after they get married.

7 Silence does not mean consent. If an offer is made and no response is received, it does not mean that a contract has been sealed.

8 Winning in court may not achieve justice. Some persons may be eager to commence proceedings in court to resolve a dispute. However, too often, they end up with empty judgments because they cannot recover the amounts that they claimed, or they have other unfulfilled expectations. Mediation or other forms of dispute resolution may be more viable alternatives to court.

9 The law differs from one country to another. Quite often, people believe that, because things may be done in a particular manner in another jurisdictions, the same holds true for Jamaica. It is useful to always remember that Jamaica is a sovereign country with its own laws to govern the activities of the persons who live or visit here.

10The law still presumes that a person is innocent until proven guilty. Despite the heinous nature of any crime, and the personal views which we may hold, we must continue to allow the law to take its course.

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.

While there are many things which we do not yet know because they are new, there are many old things with which we need to reacquaint ourselves. Today, I will list 10 things you should know about the law: