Liken to the strength of willow

My ability to be flexible, to adapt is my strength. It has tested me time after time, in different situation, daily in all aspect to do with life. This is how I tend to deal with crisis, small, medium and big.
I set my own pace, which are influence by variable factors, immediate, short, long term factors.

Today, I have to contend with my ill health. I am resting within my ability to rest. I also have to deal with running of the business, while in my ill health. I had to forsake some opportunity, which is fine.

Should I?

I am so far away from the SA world, and yesterday update of what SA is up to with his current diminutive salivating "cronies", I had to rub my ears and asked for a repeat of what was said. So incredibly ridiculous and unbelievable nonsense. 

Anyhow, should I still follow through and report TH to the NZICA of professional misconduct? I hesitate because she has 2 children, and she is sole breadwinner. However, when I do not follow through, I then become a culprit to support the demise of honorable professional. I have asked for views and been told to do it by one group and the other group, to say no, do not go ahead. I will make that call and just close the case, however would like the authority to make note of this, for future reference.

I am filing to District Court for 

1.breach of contract

deja vu of the sad kind...............

I stayed up and tried to finish as much as I could the legal presentation for contractual breach of contract, as it is weekend, kids are not at school and it is busy season. I manage to arrange the business, with as reliable help this season so I will not over worked like last season.
On both count I managed.
I walked into the apartment only to be confronted by one my children, and she displayed "tyranic" behavior and would not allow any input.
As I stood there, hearing the swearing coming off the mouth, the pain and resignation I felt in my heart, the abuse seems to have been transfer to my children.
The whole day the sadness followed me. I tried to keep myself above water, not be drown by the pain in my heart, and how dispirited I am.
I just finish watching the movie Charlie and me........I think is the title.

I do see the fear in my 3 kids of losing me, and each display in their way.

I need to instil in them, the confidence they will be fine, even when and if I am not here. Not easy for both party.

Process of making a claim to cancel a contract

Cancellation and Restitution. A non-breaching party may cancel the contract and Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. "Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement.


http://www.howtolaw.co.nz/html/ml063.asp

Act by section

• Contents

7 Cancellation of contract

• (1) Except as otherwise expressly provided in this Act, this section shall have effect in place of the rules of the common law and of equity governing the circumstances in which a party to a contract may rescind it, or treat it as discharged, for misrepresentation or repudiation or breach.
  (2) Subject to this Act, a party to a contract may cancel it if, by words or conduct, another party repudiates the contract by making it clear that he does not intend to perform his obligations under it or, as the case may be, to complete such performance.
  (3) Subject to this Act, but without prejudice to subsection (2) of this section, a party to a contract may cancel it if—

  • (a) he has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made by or on behalf of another party to that contract; or

  • (b) a term in the contract is broken by another party to that contract; or

  • (c) it is clear that a term in the contract will be broken by another party to that contract.
  (4) Where subsection (3)(a) or subsection (3)(b) or subsection (3)(c) of this section applies, a party may exercise the right to cancel if, and only if,—

  • (a) the parties have expressly or impliedly agreed that the truth of the representation or, as the case may require, the performance of the term is essential to him; or

  • (b) the effect of the misrepresentation or breach is, or, in the case of an anticipated breach, will be,—
    • (i) substantially to reduce the benefit of the contract to the cancelling party; or
    • (ii) substantially to increase the burden of the cancelling party under the contract; or
    • (iii) in relation to the cancelling party, to make the benefit or burden of the contract substantially different from that represented or contracted for.
  (5) A party shall not be entitled to cancel the contract if, with full knowledge of the repudiation or misrepresentation or breach, he has affirmed the contract.
  (6) A party who has substantially the same interest under the contract as the party whose act constitutes the repudiation, misrepresentation, or breach may cancel the contract only with the leave of the Court.
  (7) The Court may, in its discretion, on application made for the purpose, grant leave under subsection (6) of this section, subject to such terms and conditions as the Court thinks fit, if it is satisfied that the granting of such leave is in the interests of justice.
  Section 7(3)(b): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  Section 7(3)(c): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  Section 7(4)(a): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
  
  

  Act by section

  • Contents

  8 Rules applying to cancellation

  • (1) The cancellation of a contract by a party shall not take effect—

    • (a) before the time at which the cancellation is made known to the other party; or

    • (b) before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—
      • (i) it is not reasonably practicable for the cancelling party to communicate with the other party; or
      • (ii) the other party cannot reasonably expect to receive notice of the cancellation because of that party's conduct in relation to the contract.
    (2) The cancellation may be made known by words, or by conduct evincing an intention to cancel, or both. It shall not be necessary to use any particular form of words, so long as the intention to cancel is made known.
    (3) Subject to this Act, when a contract is cancelled the following provisions shall apply:

    • (a) so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further:

    • (b) so far as the contract has been performed at the time of the cancellation, no party shall, by reason only of the cancellation, be divested of any property transferred or money paid pursuant to the contract.
    (4) Nothing in subsection (3) of this section shall affect the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party.
    Section 8(1)(b): substituted, on 19 December 2002, by section 5 of the Contractual Remedies Amendment Act 2002 (2002 No 79).