Archive for November, 2016
Conditional Acceptance Letters
Conditional Acceptance is the key to not being in dispute. The Admiralty courts are adversarial and therefore depend on dispute. But the burden is not on you to disprove a case against you. The burden is always on the party asserting a fact or law to prove what they assert. ONUS PROBANDI, evidence. It is a general rule, that the party who alleges the affirmative of any proposition shall prove it.
Please adapt the following letters (see links below) to suit your needs and make them your own. The blue text indicates where to enter your specific details. Good record-keeping is essential. Simply create a dedicated file/folder for each set of letters. Keep copies of your letters. Mail your letters by “Registered Post” (NZ$9.60 in 2013, – you have to ask for this service), and also copy online receipts to verify their arrival (you will need the dates for your follow-up letters).
It is important to address ALL letters to the same employee in their “private capacity” (no fictional titles), because they are “fully commercially liable” if they are called into the open and “dishonoured” (i.e. they are not “acting” as a public “legal personality” with limited liability). Besides, you cannot deal with an “artificial person” anyway, unless you consent to “act” as an “accommodation party” to the NAME. You also need their physical address for registered post.
There are many variations of conditional acceptance letters for different situations. They can be used when dealing with any agency that is making a demand.