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Misfeasance is a legal term for when a person or organization acts in a way that is not in the best interest of another party. Misfeasance can also refer to a breach of fiduciary duty, which is where someone did something they shouldn’t have and it was not in the best interest of their client. In other words, misfeasance occurs when there is legal liability because someone acted improperly and caused harm with their actions. If you face a misfeasance claim, what should you do straightaway? The answer depends on your circumstances and what has occurred so far. But no matter where things stand now, understanding the things you should do sooner rather than later will put you in the strongest position possible. Here are several steps you should take right away if faced with this situation:

For more information see https://ndandp.co.uk/insolvency-claims/misfeasance-claims

Look at Your Legal Options and Decide on a Course of Action

No one knows your company or your situation better than you. With that in mind, you’re best-suited to decide what the best course of action is given your particular situation. Take into account your overall financial situation, your legal counsel’s thoughts, and the potential consequences of different courses of action. The last thing you want to do is rush into a decision that has long-term negative consequences. For example, you may want to try to settle a misfeasance claim if the amount is relatively low and the process seems to be moving slowly. Or, if you believe you are not at fault, you may want to fight the claim the best way that you can. No matter what you decide, make sure that you communicate your decision to all parties involved. Doing so will help you avoid any future issues and it may even lead to a faster end of the matter.

Find Out What the Claim Is Based On

Knowing the details of the misfeasance claim against you will help you better understand where you are. Once you know what the misfeasance claim is based on, you can start to formulate a response or defence. For instance, if the claim is based on negligence, you may want to make it clear that you followed correct protocol with your client. Or, if the claim is based on a breach of fiduciary duty, you may want  to show that you did nothing wrong and that the client was aware of all the actions you took. Of course, you may have to prove this in court. But if you can show that you’re taking the matter seriously, that you understand what the claim is based on, and that you are prepared to fight back, you’ll put yourself in the best possible situation moving forward.

For more information see https://ndandp.co.uk/director-disqualification

Communicate With All Parties Involved

When dealing with misfeasance claims, communication is crucial. After all, misfeasance claims are often brought by individuals who are unhappy with how they were treated by you or your organization. In such cases, communication can make all the difference. For instance, if you’re dealing with a misfeasance claim and the individual bringing it to court is dissatisfied with what happened, that person may be dissatisfied with how you handled the situation as well. In this case, the individual may file a misfeasance claim against you instead. If you communicate with that person, though, you may be able to head off this action. Likewise, if you are the person filing a misfeasance claim, communicating with the other party may help to sort out the situation.

Determine Who Can Help and Who to Avoid

Not every lawyer is created equally. Some attorneys excel in certain types of law, and others are better at others. When you are looking to find the right lawyer to help you with the misfeasance claim, it’s important to locate the right person for your case. There are many things that you can do to find the right lawyer for your case. First, you can ask friends, family members, and co-workers if they have any recommendations. Also, you can look online to see if any reviews are there. Finally, you can ask your lawyer if they have any recommendations for other attorneys that they think would be a great fit for your case. When choosing an attorney  to help you with your misfeasance claim, it’s also important to avoid attorneys who are known to file frivolous lawsuits.

Conclusion

Misfeasance is serious. It means that an individual or organization might have caused harm to you or your business by the way they acted. If you find yourself facing a misfeasance claim, you don’t have to be alone. There are several things that you can do to protect yourself from misfeasance claims, including keeping records and communicating with the people involved in the misfeasance claim.

For more information see https://ndandp.co.uk

Before you begin looking for the perfect business space to lease for your startup,you should to get informed about the commercial space leasing process. Being ready will help prevent you from making expeditious decisions and costly mistakes thatyou will end up regretting in the future. Below are some insider suggestions to help make an informed choice when leasing a commercial office space your business

Initiate the process of hunting for commercial space at least 6-12 months before your current lease terminates or until your perfect move-in-date. Locating the right space and negotiating the deal alonewill take 1-2 months depending upon the size area and current market conditions. Typically the spaces you like will require some sort of changes that the time required will depend on the scope of work.

Thoroughly examine your business’s current and future needs. Consult with the different department heads for input in addition to some key employees.

Get familiar with the commercial property terms and definitions. Different landlords state and quote things otherwise. If you’re in doubt about what they mean don’t be afraid to ask them to get more information.

If you’re not knowledgeable about the commercial leasing process or the current market conditions then consider engaging the assistance of a tenant agent such as www.AustinTenantAdvisors.com. Their services don’t cost anything since landlords compensate all of the rental fees. The landlord agent will have an knowledgable listing agent advising them so it would be a great idea for you to have one too.

Physically visit all of the properties that meet your requirements so thatyou can make a short list. Keep in mind that the designs can be reconfigured so don’t get stuck on that. Ask the landlord representatives a lot of questions regarding the ownership,property amenities,required lease duration,how much the landlord is prepared to give in tenant improvement allowances,etc..

Do not settle for the first commercial properties you believe is suitable for your requirements: continue looking until you have at least 2 to three alternative options. These additional options will work to your benefit because you will know what to expect during the lease negotiations and you’ll gain more leverage with multiple landlords competing for your company. They also give you something to fall back to whether the negotiations to your first choice fall through.

Send out proposals to your top three to five options. These are not legally binding. You never need to take a landlord agent’s verbal note. Everything needs to be in writing.

To help you decide what property is most suitable for your company,prepare a spreadsheet to do an apples to apples comparison of each property. A few of the things you should put into consideration include the size of this space,the asking base rental rates,the necessary lease duration,and the incremental costs (taxes,insurance,maintenance,etc). It is also possible to take note about the pros and cons of each property. If you’re budget conscious then you can quickly narrow down the list by simply calculating the monthly base rents for each property then removing those that are way above your budget. The monthly base rent is calculated by multiplying the commercial space square feet from the asking base rate plus any operating expenses then dividing by 12.

If some of the commercial property require finish out then it’s important that you figure out what improvements you want on each and get prelim construction bids. This way if the building owner is offering a tenant improvement allowance you will know how much out of pocket you’ll need to pay above and beyond what the building owner is prepared to give.

Carefully analyze and compare the terms of each proposal. Consider whether it makes sense to go back to each landlord to negotiate extra concessions. Be certain you completely understand the total expenses you’re expected to cover. Do not get emotionally attached to a specific property until the negotiations are over. Emotional attachment might result in you signing a contract thatyour business cannot live up to.

After negotiations are finalized and you have made your selection now it’s time to have the landlord provide you the first draft of this commercial rental contract.

Now it’s time to review the commercial rental contract. It would be wise for you to hire an attorney to review the lease. If you have a tenant agent then they could review the lease with you as well. Industrial lease language could be negotiated. If you don’t like certain lease items or want to propose new language today is the time to do so.

When the end of rental contract negotiations has finished the building owner will provide you a draft of the lease to review.

There are many more things to consider when leasing commercial property however these suggestions will help get you started. If you’re a new company leasing space for the first time or an current company who has just leased one or 2 spaces then consider getting help from a tenant agent. Their services don’t cost you anything and you’ll save a lot of money and time.

Lessons I have learned about Alkaline Water

When I began drinking ionized alkaline water I didn’t even know what an ion was.

I failed gloriously at chemistry at school. I was the class disruptor. The idea of a universe of elements confined to a single table of values was anathema to me. I wanted infinite possibility rather than the confines of a periodic table that explained the ‘Theory of Everything’.

Well, things have changed.

I’m still no expert in chemistry but I’ve grown to love the process of learning about a subject that fascinates me; the relationship of pH balance to my – and others’ – health.

Alkaline Water and pH Balance

As I learned that the world in general refuses to accept the huge advantage of an alkaline body, I delved into physics, chemistry, biology and psychology.

Strangely, I look back on myself at school and understand that unless a person is ready to learn – and change – they simply can’t hear even hear the words of their best friends when it interferes with their idea of normal life.

Enough of the philosophy; you are reading this to learn about alkaline water, so let’s get on with it.

If you’ve come this far you’ve probably already been exposed to some form of information, most likely from someone attempting to sell you a water ionizer. So let’s begin at the beginning with the word ‘ion’.

An ion is an atom. Got that? Good.

You are half way. But it’s an atom that carries an electrical charge, or is in need of an electrical charge.. so if you like, it’s an electrically unbalanced atom.

Of course nothing is imbalanced in nature. So an atom with a positive electrical charge has just one purpose in creation; it is looking for an ion that is missing a charge so it can donate its charge, and return to normal atomic state of equilibrium. It’s a completely beneficial meeting for both atoms involved because they both return to being just atoms instead of ions.

They return to balance.

Photographer: Elena Mozhvilo | Source: Unsplash

It took me some time to see the significance of this and I wish my chemistry teacher had told me about ions and what I’m about to share. (Of course, he did, but I was busy disrupting.)

We read about chemical reactions everywhere; in the air, in the earth, in industry and medicine, and within our body. A chemical reaction is the action of ions co-operating to create a new molecular substance.

They give and they take and they form a stable substance rather than simple separate atoms. So ions are the key to all chemical reactions plus the formulation of new substances.

This extends from simple salt – a joining of ionic sodium and ionic chlorine – all the way up the high level multi-atom substances.

But we don’t need to worry about getting into the understanding of complex substances because ionized water is a very simple ionic transfer. Basically, it’s the creation of a new form of water that has more negatively charged ions in it than usual.

You probably think that there’s just one way to do this. That’s not true; there are a number of ways including magnetics, electrolysis and passing water over certain reactive elements. The latter is the cause of the amazing so-called ‘healing’ springs around the world, evidenced simply by a lighter molecular weight of these special waters.

I have experienced excellent health (in the main) over my 21 years of alkaline water based life.

I don’t attribute all of it to ionized alkaline water but it’s my personal belief that so many years without my usual annual colds and flu has something to say about the water’s immune support abilities. You’ll find hundreds of testimonials for the water online and although in my opinion most of them are real, I need to caution you that nothing fixes everything and every case needs to be seen in the context of their previous lifestyle choices.

To give a simple example – when did you ever see a diet that didn’t claim miraculous benefits from ‘Mrs J. Smith of Alabama”.

The reality of all diets is that if a person is already slowly killing themselves with the SAD (Standard American Diet) anything a little healthier will provoke a healing response.

Was it the specific diet? Yes..and no.

The specific diet provoked the response but any diet of equal quality would probably have done the same. So please be a little careful in your research.

I think I can assist you hugely today because I’m going to share a meta-analysis of over 100 international studies of the health effects of natural alkaline water. And then I’ll attempt to show you the differences between electrically created – and natural alkaline water. There are very important differences as well as very important similarities.

The study: and what I learned.

The study linked to here is the best piece of information on alkaline water I have read for 13 years. It is completely crossreferenced to actual studies, which makes it head and shoulders above any other form of document you would usually read on the net. What it says is as correct as science has managed to make it. (The foundation of scientific inquiry is that your study’s result is correct only until someone proves otherwise.)

So what does it say about Alkaline Water?

Photographer: Manki Kim | Source: Unsplash

It concentrates on the two major elements of alkaline water in nature; Calcium and Magnesium.

“Both of these elements are essential for thehuman body. Calcium is a part of bones and teeth. In addition, it plays a role in neuromuscular excitability (decreases it), good function of the conducting myocardial system, heart and muscle contractility, intracellular information transmission and blood coagulability.”

It goes on to say that osteoporosis and osteomalacia are the most common symptoms of Ca and Mg deficiency.

Please note: it does NOT say directly that more calcium will cure these conditions. We’ve independently researched this and there’s a much bigger story here. But let’s move on. (If you’d like to know more go here)

The report then talks about the superstar of alkaline minerals, Magnesium:

“Magnesium plays an important role as a cofactor and activator of more than 300 enzymatic reactions including glycolysis, ATP metabolism, transport of elements such as Na, K and Ca through membranes, synthesis of proteins and nucleic acids, neuromuscular excitability and muscle contraction etc. … Magnesium deficiency increases risk to humans of developing various pathological conditions such as vasoconstrictions, hypertension, cardiac arrhythmia, atherosclerotic vascular disease, acute myocardial infarction, eclampsia in pregnant women, possibly diabetes mellitus of type II and Osteoporosis.”

Think about it.

Is there a pill anywhere on earth that gives so much benefit? It’s so commonly available, so well researched to PROVE these claims, yet most of us (according to the report) are severely lacking magnesium in our diet!

Although there were some scattered studies as early as 1927 recommending hard water over soft, it wasn’t until 1950 when Japanese scientists concluded that hard alkaline water was more beneficial than soft water in the prevention of cardiovascular disease.

To be very clear, they found higher mortality rates from cerebrovascular diseases (stroke) in the areas of Japanese rivers with more acid (i.e. softer) water compared to those with more alkaline (i.e. harder) water used for drinking purposes.