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Cleaning expectations when moving out of apt.
We live in a house that was converted into three apartments. Our landlord is an older lady and has been very nice to us. Prior to us moving, she supposedly hired a woman to clean the entire apartment. Now that we are moving, she expects us to clean the apartment so that it is in the same condition it was when we moved in. She went on to explain that we would essentially need to clean like the woman she hired did - washing floors, ledges, windows, inside cabinets, stove, refrigerator, etc. Assuming the apartment is in good shape to begin with, my experience is that most landlords want you to sweep, perhaps spackle any holes in the walls and just do a general light cleaning as they will bring someone in to a more thorough cleaning after you're gone.
We are moving into our first house, and I frankly do not have the time to go back to that apartment once we've moved all our stuff out to clean it top to bottom. We've consided hiring someone to do it, but we will have to foot the bill. Our landlord said she had some kind of paper she meant to have a sign when we moved in agreeing to this kind of cleaning, but she "forgot" to give it to us.
She's really been nice overall, and I hate to make waves. But are her expectations unrealistic? What has been your experience?
I would never consider moving out of a place without cleaning it. And yes, that means washing floors, ledges, windows, inside cabinets, stove, refrigerator, toilets, etc.
The landlord is not expected to clean up after you.
Some landlords require that all the walls be washed when you move out. Some even require that the carpets be professionally cleaned AND the drapes and/or blinds be professionally cleaned. And you think you don't have to clean your stove and refidgerator?
You are asking if it is unrealistic for your landlord to expect you to leave it as "clean as you moved in". Why would the landlord NOT expect that?
How long could cleaning this apartment take? I am assuming that you cleaned the fridge, oven, ledges toilets, and sinks on a regular basis all the while you lived there. Another quick wipe of everything and a coating of oven cleaner should take about an hour of time with the two of you doing it. Or is the real problem that you never kept the place up all the while you lived there and it is going to take two days to chisel all the gunk and grime out?
You say you are to busy to clean so I suggest that you will have to hire a cleaning service to do it for you. If you don't, the landlord will probably hire a cleaning service, like she had to do when the previous tenants moved out, and then deduct it from your security deposit like she probably did with the previous tenants.
I think most commercial landlords require the place to be swept and reasonably clean. It's not uncommon for them to require you to get a professional carpet-cleaning service in. In many localities, they are required to repaint, so washing walls isn't that necessary.
But she's not a traditional commercial landlord.
An empty apartment cleans very rapidly--no furniture to maneuver around, etc. Are you sure you could recruit help? Or, check on prices for cleaning ladies, and stress that the apartment will be empty.
Her expectations are not the least bit unrealistic. You indicate you're time is valuable, you'll be too busy and are reluctant to foot the bill for cleaning. She can say the same to you, and she's not the one who lived there day to day. There's no 'supposedly' about it - the place was either clean when you moved in or it wasn't. Why would you expect to walk away and leave gunk on the walls, crumbs and crud in the appliances and lord knows what in the bathroom and not be responsible for it? Even if there's no 'separate' piece of paper regarding cleaning specifics, there is most likely a clause in your lease that the place will be in 'good and tenantable' condition upon your departure. You have a responsibility to clean up. It's the right thing to do. If you opt not to, she has the right to take it out of your deposit.
I had a guy once who left a house filthy. He and his family lived there 7 years (I took over the house toward the very end of his lease.) He was giving me all kinds of arguments and reasons as to why he deserved his deposit back. Since I came into the picture late, I guess he thought this one, the jewel of them all, would work: "It's not our dirt. It was here when we moved in." He didn't get his deposit back...
Your landlady's expectations are not unrealistic. It is normal to leave an apartment in a similar condition to the way it looked when you moved in.
It isn't that expensive to have someone come in and clean after the furniture is out. I've done it several times. It will probably cost under $100.00. Especially if you've been maintaining the property adequately during your tenancy.
Remember, what comes around goes around. Do the right thing by your nice landlady and leave her with a good feeling (and reference) about you.
Congratulations on your new house.
You could not clean and perhaps not get back your security deposit.
I have gone as far as to steam clean the carpets (although most places are required to put in new carpet after 2 years I think)
It is proper ettiqutte to clean when you move.Yes,they will have re-paint and stuff,but everything should be clean.
People are just mean. Look at what happened to me ( a landlord):
Tenent said He would not pay me Dec. rent because he was leaving at the end of the month. He wanted to live the Security deposit money. I said No but he said forget it "you already have that money - I ain't paying you." He leaves Dec. 16th and NOW wants part of he Security deposit money back!! I said "are you crazy? - you didn't pay December's rent!" - Well, he left the apartment a TOTAL MESS - trash, rotting food, garbage, furniture, over 100 holes in the walls, filty rug, etc.
I spent over $1500 just to get the place in shape to rent again. I really hate people who are just plain mean and call themselves Christians!
So, please clean your apartment and be nice.
yvette123, what a terrible way to end one year and start a new one. I empathize with you. And that type behavior/scenario is exactly why I raised my security deposits to $1000 minimum. (We're not in the city, so many applicants have balked at that amount, but so be it.) As you illustrated, when there's a lot of damage/deep cleaning to be done, the money just doesn't go very far.)
I expect a tenant to move out by noon of the last day of the month and have the apartment ready for the new tenant to move in 24 hours later. I don't want to do anything as I wouldn't have time to do it myself or find a cleaning crew on such short notice.
THe 24 hours does leave me a little room and I do have a few people that will get clean, or repair if I call on short notice, but that is my expectations.
Never been an issue as when I show apartments for rent I can typically tell how the tenant will leave the property. I also educate the current tenant on my expectations and remind them in the last 30 days of occupancy. If its not ready for re-rent the current tenant can and will be held responsible for temp. housing, lost rent, (up to new lease signed with new tenant) cleaning expenses, etc.
It's only fair, if you leave a place that can't be lived in when rented to pay rent/cleaning.
I agree you should be leaving a place clean and ready to move in to. to me that doesn't mean that you scub and sanatize every place you can see. just don't leave trash everywhere, sweep and vacuum the carpets clean the sinks, tubs and toilets, mop the floors, wash any dirt you can see off walls and trim so it looks good. if you had a pet by all means rent a steam cleaner and do the carpets unless your landlord has collected a pet fee to cover that. don't leave any food in the cabnets or the refigrator. Clean that out too once its empty, unplug or turn it off and leave the doors open so it don't get a musty smell if the power in the place is turned off. you need to leave the place atleast broom clean. think about how you would like it to be when you move in. I never expect to have a perfectly clean place when I first move in but it should be clean enough to move in and start living and unpacking.
I have heard of renters doing some odd things too. one that got me when I bought my house is the renters that lived in my apartment before took all but 2 of the light bulbs.seriously how much do they cost? what would make you think to take them? being on my side of it I would want it left as clean as possable. If I had to spend more than an hour cleaning to make a place showable to prostective tenants I would deduct from the deposit for that or the cost of hiring a cleaning lady. I expect to hav spackling and touch up painting to do that should not be an issue.
another thing is expecting the security depost to cover the last months rent. in PA its actually not legal to do that. its written in the landlord tenant act. the serurity deposit is to cover for minor damages that may have happened during the contract and to help ensure that the tenant proforms his duties of the lease, it is not ment to be monthly rent at anytime. also be sure to give your landlord your new address so he can mail you any deposit you have coming back. in most states they have to send it back to you within 30 days in full or with a statement of what they took money from it for and the amounts. if you don't give a new address in my state the landlord can just keep your deposit since he don't know where to send it that he can be sure you will get it.
Mike - and how do I enforce the YOU CAN NOT USE THE SECURITY DEPOSIT AS LAST MONTH RENT rule??? These two tenants laughed in my face. I have that rule in the lease document and in a separate sheet that they have to sign. I need to learn how to make a claim though a collection agency. I could threaten them with that.
Yvette that is not going to be an easy thing to inforce. when a tenant would till me that I would remind them that its not legal for them to do that and it is a voilation of their lease. they are not likely to care much since they are moving, but from the time they say they are not paying and don't plan to pay the rent as agreed in the lease you could start evicting them. send them a notice to pay or quit, thretten to evect them, that may scare them into paying or do nothing take the deposit and if damages, more cleaning work is needed and the unpaid rent don't cover it take them to small claims court for what they still owe you. you would be in the right so you would win. if you had all your documentation in order and in most cases a lawyer is not needed in small claims.
yvette: I also won't let tenats use deposits for last months rent. I remind them of this and their other obligations when I get their notice. If rent is late I put my typical late rent note on their door with the late fee added in. It also says the next actions I will be taking if not recieved in X amount of days.
I have used a collection agencies before. Check your yellow pages. They will send out a note on their letter head demanding monies be mailed to me, (no charge to me) This letter typicaly is enough as they know I mean buisness and it will effect their credit and rental history. If I don't get the money before they have moved out the collection is turned over to the collection companies leagal team. Here they will garnish wages and deffinatly put a mark on their credit scores. I only get around half of what the collection company gets BUT they will collect not only the late rent but $500-$1000 in court/ leagle fees.
Basically if they move out before they pay I might get $400 instead of $500 but the tenant will end up paying around $1000 and have lots of future problems. Depending on the renter me losing a $100 might be worth their head aches.
My last apartment I occupied for about 90 days. During those three months I was rarely ever home. I worked most of the time so the only time I was home was to sleep and eat a quick meal. I can honestly say I was not home 85% of the time. The deposit was 400 dollars. The apartment was still very clean when I left. Since I was rarely ever there the appliances were still clean. The carpet was still clean, some even had the marks left from the time they steam cleaned the carpet before I moved in. There were no holes in the wall. The restroom was clean. In other words, the apartment was still almost as clean as the day I moved in. I only received 100.00 of my deposit. They claimed they had to repaint the walls, clean the carpet, hire a cleaning crew. I asked for receipts and they gave me the copies of what the apartment manager was charged for cleaning my apartment and it was ridiculous. Some of the charges were 80 dollars for paint, 75 dollars for cleaning the linoleum and other outrageous fees. had I know they would essentially be keeping my deposit I would have made sure I left the place dirty.
check w/ your local tenant agency. In my jurisdiction, landlords are REQUIRED BY LAW to paint between tenants, and they MAY NOT charge you for it.
There may be limits on what they can charge for a service as well--an outrageous fee may not be acceptable.
But it may also be a royal PITA to document, and take them to small claims court, etc.
It's more realistic for a tenant to clean the apartment thoroughly among moving out than for the new tenant to be stuck with the job. You may feel you dont have time to clean it like that, but I'm sure the people going through the stress of moving into the new place don't feel like it either. (Not to sound harsh here, so don't take me the wrong way please)
Things I find reasonable:
Washing walls, fridge, counters, carpet, bathrooms, toilets, etc.
I dont find it reasonable to require professional cleaning UNLESS the carpet was in bad enough condition from me personally. If the carpet is fine with vacuuming or shampooing it myself, I'd never put out the money to hire a professional, but that's just me. Wear and tear is a normal part of owning buildings, stains are more the tenant responsibility, and so on.
I am a tenant now, and my lease will expire on July 15, and as you, we will be moving to a new home that we purchased. But I am still going to clean and leave the apartment as the way it was given to me when I moved in. I just think its just the RIGHT THING to do. Especially, when they didn't do any of the mess, and now they will have to clean after you.
Good luck
socaldisneydude,they did a number on you! They arent supposed to charge for painting!
I was once charged 300 dollars for one set of metal blinds that got bent. Ask me how blinds cost 300 dollars when you can get some at walmart for like,20 dollars...and they dont even break!
Ok here is the deal folks...I have been on both sides of this debate, as a tenant and as a landlord. I am a former General Contractor, so I have had experience with resident homeowners and renting Landlords.
Unfortunately, we can not use a label to define a generalization for 'landlords' or 'tenants' based solely on those labels; just as we can not do that with a person's race. There are ethical landlords and tenants, and there are pieces of &%$@s from both.
My current landlord is a scum bag. He thinks it is the responsibility of every tenant to maintain the "rentability" of his investment, charging former leasees an outlandish $25/hour to caulk nail holes, while paying the worker $9/hour cash. I know because I used to help him and am good friends with the manager.
There is such a thing as "normal wear and tear". OK, here are the rules: A landlord may not charge a tenant for normal wear and tear. Small nail holes used to hang pictures? Normal. Ordinary paint discoloration? Normal. Minor scuffs on floors and carpets? Normal.
However, that does not mean you can leave the apartment in complete disgust, when you move out. AND it doesn't mean you are obligated to have the apartment professionally cleaned, unless noted in the lease agreement. (If such a clause does exist, go online to see if it is even legal in your state to require that. If it is even legal, there are probably tenant provisions, with regard to obligations.) A "clean" house is subjective to the person looking at it. Some people are freaks about cleanliness. Others are fine if the main elements of the house are clean, leaving dust to settle as it may. And yet others think that if there is a path to walk from one room to the other, they are ready for company.
So unless otherwise noted in a clause in the lease, bringing a rental property up to the same exact condition, as it was in when a tenant moved in is the responsibility of the LANDLORD, or investing owner, of the unit being used as a business, money making, profit earning property. Otherwise, each tenant that performs the necessary measures to bring a unit up to "move in" status, would then be entitled to a stake or share in any future profits gained by the maintenance of the property, beyond normal wear and tear. And remember that No Clause or section of a lease agreement or any other contract can be written in a way that is breaks any local, state, or federal laws. So if you think something doesn't smell right, spend an hour researching it on Google, taking the time to check the sources.
Is it a forum like this that may have facts mentioned but is not a reliable source for legal facts? Or is it your state's .gov site that gives the actual statutes written into law...maybe even the local housing authority...or a lawyer that has offered free online material in eFormat to gain potential clients?
There are certain risks involved in lending, renting, granting temporary usage or access to one's own possessions or properties. If what a landlord is charging for rent is not enough to maintain the unit, that does not entitle him/her to use any portion of the Security Deposit to maintain a 'perfect' status of rentability for future tenants. The landlord should rent the unit for more, to cover those costs of what every business has, as part of its functionality: OVERHEAD!
We all know the difference between blatant damage, intentional or not, and normal living. And we all know that some tenants are just scum bags and should probably be confined to disposable housing of some sort, if such a thing existed. But no matter how many times a landlord has been burnt by one of those tenants, he/she still can't take it out on the next tenant by insisting on unreasonable maintenance on a property that they do NOT own.
Side Note:
As landlords, did you know that you are REQUIRED to add your state's interest percentage to the deposit total times the number of years/months the tenant has rented the unit(s)? In Minnesota it is now 1%. That may not sound like much, but if you add up all that for say 100 units, at an average security of $750 X .01 = $7.50/year times every unit.
That may not seem like much, but it does add up over time, and that interest money does not belong to the landlord, it belongs to the tenants. Also, in that time, the landlord should have been earning around 5% on that same money, sitting in a bank account.
~~@ robine66~~
So to answer your question...is it unreasonable for your landlord to request the condition be as close to the condition as it was when you moved in? Not really.
Are you legally obligated to leave the unit property in the exact same condition that you received it in? No...to the extent discussed above.
Now comes the real question...SHOULD YOU leave it in the best condition possible for her?
That is an ethical question that only you can answer. Was she a good landlady? Did she treat you with respect and take care of any issues diligently, upon your request? Does she have limited resources to do this herself?
Most important of all...Are you going to be able to have a clean conscience, knowing you did what was right?
Remember...Doing what you are legally obligated to do is not always doing what is RIGHT. Doing what is RIGHT always trumps doing what you have the right to do.


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Junior Member
I'm using Tryndamere...and My item build i want to focus on armor penetration. But then there is the Black Cleaver with 15 armor reduction that stacks 3x...and the Stark's which reduce 20armor on enemies. Currently a final build for my tryndamere would go: Berserker greaves Yoshi blade Infinity Edge Divine Sword Last Whisper Blood Thirster/Madred's bloodrazor/or something else. So my concern is with % armor penetration would interfere with other armor penetration items like Divine sword or Yoshi Blade. Or if I decide to throw in a Black Cleaver...it would not benefit me ..because reducing opponent's armor would diminish the effect of my Armor penetration items? I'm not sure how this all works...but would appreciat guidance as to which items is the way to go for the Most damage i can get.
Senior Member
% penetration doesn't work well with flat penetration. This is because they are applied in the following order: Flat Reduction Flat Penetration % Penetration Thus, the higher your flat reduction/penetration, the less useful your % penetration will be. Furthermore, the difference between reduction and penetration is that reduction can take an opponent's defenses to negative values, while penetration cannot. Meaning against an opponent with 40 armor, Black Cleaver and Brutalizer combo (45 armor reduction and 15? armor penetration) will take that target to -5 armor, while it would take a 50 armor target to 0, meaning you waste some stats.
It all gets counted, the current order is Reduction then Pen then %. So if you hit a tank with 300ar you get your 65 reduction from BC and starks to bring it down to 235 then your runes, masteries and items kick in and last whisper takes off 40% of whats left over.


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Raptors Dance Pak Auditions: The Recap
Check out a quick 60 second video recap of the 2014-2015 Raptors Dance Pak Auditions that happened in July at the Raptors Practice Court at Air Canada Centre.


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Donna Boyle (PA) Donna was the regional champion on TV show "Dance Fever". For 20 years, she has been competing performing, and exciting audiences with her polished and sensual style. She performed for acts such as: Billy Crystal, Tu-Pac, Sammy Hager, Deney Terrio of Dance Fever, etc. Her TV credits include: Discophonic scene and on the air with the Geater; 1999 QVC National Dance Promotion; 2 appearances at the Phillies game with the Phillie Phanatic; Good Day Philadelphia (with Dick Clark); 1999 PBS show "Dancing" aired in England; and two appearances on the CBS nationally syndicated competition " Dance Fever" in Los Angeles. Donna was one of the Event Directors for Hustle USA 1995. Donna's success is evidenced by her awards and participation in competitions . She is currently on the teaching staff of Sandy Fortuna's Universal DanceSport Center (NJ), Tophat Dance Studio (PA), and Dance Manhattan Studio (NY). Donna is the owner of Disco America Dance Weekend at www.discoamerica.com. ____________________
Ginny Carey (PA) Ginny is from Lancaster PA where she began dancing at the age of 2. Studying under Carolyn Trythall she completed her intermediate Cecchetti Syllabus ballet examinations and performed for 4 years with the Ballet Theater of Lancaster. While in Lancaster she was also part of the Ukraine's Donetsk Ballet's "Nutcracker" for 10 years, performing more than 10 roles including 'Clara'. Her 14 years as a competitive gymnast have also had a great influence on her dancing career. After attending the University of the Arts, studying ballet, tap, jazz, modern and partnering, performance and choreography, Ginny now calls Philadelphia home. She currently teaches at Top Hat Dance Studio where she performs with ladies salsa company "Ahi Nama" and is professional competitive partners with owner Daniel McGee. Most recently they have placed in the top 3 at several competitions including IHSC, Mad Jam, Disco America, Miami Dance Magic, and Hooray for Hollywood. ____________________
Elizabeth Darchi & Louis Orlando (NY/NJ), Elizabeth has been dancing for many years with an extensive dance repertoire with Hustle as her main love. She has taught ballroom and hustle for the Battista Dance Studio, Stepping Out Dance Studio, Sandra Cameron's Studio and Authur Murrays. Her unique style has also been recognized in front of the camera by both the film and television industries. She taught hustle workshops for the NY Julliard School of Dance, Lincoln Center Swing Fest and she was assistant instructor for the stage production of "Saturday Night Fever" in the National Theater, Santo Domingo. As a performer she has been part in many Theatrical numbers performed at many venues. As a choreograher she has been touching the realm of show productions which is attributed to Arte Phillips. She has been Directing and Choreographing the Disco America Show Productions since 2009 and has choreographed pieces for the 2012 New Year Extravaganza show for Bill Cameron. She is the proud recipient of the 2009 Arte Phillips Lifetime Achievement Award.
Louis' expert lead and rythym has gained him great exposure. Louis has judged for many events and has danced for the film and television industries. He teaches in NY/NJ as an independent instructor. Louis is now the recent recipeint of the 2011 Arte Phillips Lifetime Achievement Award.
Together their teaching is fun and informative where they have a chemistry that will have you wanting more. They are top competitors in the Pro hustle divisions. Their diverse and creative style in Hustle has been the hallmark of their career. ____________________
Shay Dixon is becoming well known through-out the dance community for his unique style and charisma in Partnership Dancing. His love and passion for music and dance has led to substantial success on and off the competition floor. Over the past three years, under the leadership of Ralph Ramirez & Billy Farajdo, Shay and his former partner Michelle have captured 5 Professional Championship titles and placed top 6 in the World in Cabaret at USDC (the most prestigious ballroom competition in the country). They have captured 2 Pro championship titles in Cabaret, 2 Pro Hustle Championship titles, 1 Pro Triple threat title and they won the World Hustle Championship title in 2009 at IHSC. They have also been featured performers in numerous shows across the country. Just this year, Shay was chosen by Maria Torres to represent her Dance Company in New York City at City Center. He was also the MC for the International Hustle and Salsa Competition in Miami. Shay is extremely excited about what the future holds for his dance career and has plans for being more involved with spreading Hustle and Salsa throughout the community. ____________________
Billy Fajardo has over 30 years of dance performance experience. As a young man, he was the founder and lead performer of the Dance Dimensions, the internationally acclaimed dance company who appeared on Don Kirshner's Rock Concert from 1978-1982. He has appeared at Madison Square Garden, Carnegie Hall, Radio City and numerous top venues around the world. He has worked and choreographed for numerous headliners, including Gloria Gaynor, Tito Puente, Celia Cruz, Bob Hope, the list goes on. Film credits include "Carlito's Way", "Cross Over Dreams", and the recently released Summer of Sam. Look for Billy on the new UPN Series "South Beach" dancing with the lovely Vanessa Williams of "Dance with Me". Go to About us page for more about Billy ____________________
Debra Hampton (CA) Debra Hampton brings to the dance world theatrical dance training and expertise developed while teaching for the Fred Astaire and Arthur Murray Dance Studios in New York. She has applied her Jazz, Tap and Ballet training to her specialty of teaching New York Style Hustle for over 29 years. Debra is known for her power and grace, utilizing Latin legwork which she combines with Jazz and Ballet arm styling. She has performed for, competed in, and won numerous Hustle Dance Championships from coast to coast with her dance partner, Archie Dawson. Her list of achievements include winning Hustle competitions at the IHSC, Disco America, US Open Dance Championships, Fresno Dance Classic, Texas Classic, and the Rising Star Disco Weekend. In 2001, Debra Hampton was awarded the Eddie Vega Achievement Award at the Hustle USA Dance Championships. ____________________
Jameson Kilburn (PA),is co-owner of Top Hat Dance Studios of Philadelphia and Lancaster where he can be found teaching group classes and private lessons in Ballroom, Latin, Swing, & Hustle. For the past 10 years Jameson has continued to study, teach, compete, and perform in the arena of professional partner dancing. Recently Jameson received a score of "Highly Commended" on his certification examinations in International Standard dancing with the Imperial Society of Teachers of Dancing (ISTD). Jameson is also a proud member of the National Dance Council of America (NDCA) and has been an active board member of the International Hustle Dance Association (IHDA) for the past 4 years. He can be seen at many different dance events throughout the country teaching, judging, performing, and competiting and is best known for the way in which he "de-mystifies" the technical side of partner dancing to make it obtainable by everyone. ____________________
Katie Marlow, as a performer, she has assembled a wide range of credits stretching from cabaret revues, to theatre to television and feature films. She is a member of both Screen Actors Guild and Actors Equity Association. Beginning her performance career as a showgirl aboard the Cunard NAC Cruise Line, she later branched out to do commercials and feature films. Just a few of her credits include "A Chorus Line: The Movie" the television show "The Equalizer" and "Miami Vice". In addition to her many singular accomplishments, Katie is also half of the world renowned dance team Billy Fajardo and Katie Marlow. They are considered to be one of the most highly accomplished and versatile dance teams in the world. They are the 2002 IDO World Champions for both Hustle and Cabaret Exhibition. They are the only couple in the history of the United States to hold two concurrent world championship titles in the same year. Other titles include 2000 US Open Cabaret Champions, 1999 United States Hustle Champions, 2002 NADC Cabaret Champions. Katie is also the organizer, along with Billy, of the renowned International Hustle and Salsa Competition (IHSC) which will be going into its eighth consecutive year. Go to About Us page for more about Katie. ____________________
Billy Marti, NY, teaches at stepping out studios in Manhattan. He started dancing at 18 and quickly mastered the fundamentals of dance. Within a year he realized he had found what would be his life's passion. As his repertoire expanded to include other forms such as ballet, so did his experience with other dance studios. Billy was hired with his first dance partner, Nancy Melius, to perform in Israel as a "Fame" dancer with Robert Guillaume and Albert Hague who played Professor Shorofsky. Later Billy was inspired while watching a competition in a nightclub where he discovered his new love for Hustle Theatre Arts. He met Wanda Soto who began teaching him in the art of partnering and soon began dancing and performing with Hustle's elite dancers of the time. He takes great pride in his ability to thoroughly prepare students for showcase and dance competitions by articulating a music and choreography mix that enhances the student's individual style, and thus complementing their strengths ______________
Daniel McGee (PA), founder and co-owner of Top Hat Dance Studios in Philadelphia and Lancaster as well as Top Hat Dance Studio School of Ballet. Since its grand opening in 1995, the strength of Top Hat Dance Studio has been attributed to his abilities, both as a dancer and an instructor. For over 15 years, Daniel has continued to teach, perform and compete in the Ballroom, Latin, and Hustle dance forms. He is currently one of the top ranked competitors in the country and undefeated in the Pro/Am Theatre Arts Hustle division. Daniel is currently on the board of the International Hustle Dance Association. In addition, Daniel received his Associate certification in International Standard with a "Highly Commended" score by the ISTD (Imperial Society of Teachers of Dance) in 2007. In 2008, Daniel recieved, "with Honors" his ISTD Licentiate Theatre Arts certification. Daniel is also a member of the National Dance Council of America (NDCA). ____________________
Kelvin Roche & LoriAnn Greenhouse (NY) dazzle audiences all over the country with their routines that have a unique style of Latin and theatre arts. They have traveled the circuit capturing all the titles in the Hustlesphere with classic hustle routines that feature difficult lifts and tricks. Like very few couples can do, once they take the floor, they own it. They have been featured dancers in several movies including El Cantante and Enchanted . They are true performers and dance artists who also excel as instructors. Kelvin's dance history as an accomplished competitor and focused teacher dates back to the 80's. Lori Ann and her partner were World Hustle title-holders and appeared in motion pictures.
Erica Smith, The "Hustling Attorney," is a versatile dancer from Silver Spring, MD with extensive backgrounds in ballet, modern, salsa, hustle, hand dance and west coast swing. She was first introduced to hustle in her years at UC Berkeley School of Law, and has been adding her sparkle to the social dance world ever since. With more than 17 Advanced Amateur 1st place wins under her belt, Erica was arguably the Top Female Amateur Hustle Competitor for two years prior to her professional status. Since becoming a professional competitor, Erica has garnered 1st place in Professional Just Hustle and Invitational Jack & Jill Hustle Divisions across the country. In 2007, Erica was pictured in US Weekly alongside Shane Sparks and in TV Guide Magazine after she performed a Just Hustle that earned her a spot in Vegas on the syndicated television series "So You Think You Can Dance." In 2010, Erica pioneered and co-choreographed the first ever Hustle Flash Mob which continues to be performed all over the world. In 2008, Erica won her first US Open Hand Dance title and in 2010 captured the World Professional Triple Threat Championship title. In addition, Erica has been at the top ranks of west coast swing for over two years and currently competes at the All-Star level. Erica is a brilliant dancer who guarantees to leave an impression on her audiences and her students. ____________________
Daniela Trucco & Graziano Boggiani - D & G Italy, Daniella and Graziano (or D&G as they are often called) have been prominent members of the international dance community for many years. They have one of the most prominent schools in Northern Italy, with the reputation of being the teacher's teachers in the Biella area. They are extremely versatile, and are recognized as Instructors, Choreographers, Examiners, Performers and Adjudicators. They are graduates of the A.N.M.B. (Italian Association of Dance Masters) as certified Master Teachers, Choreographers and Examiners for Caribbean Style Dance (Salsa, Bachata, Merengue), Argentine Tango and Latin Hustle. They have the distinction of being co-authors of the Italian teaching manuals for these styles of dance. They are the European Representatives for the IHDA.
In order to obtain respect for the above, the had the honor of being top finalists from 1999-2001 in the above in many a European and even World Championship. Dany and Graziano have been featured performers in numerous congresses throughout the world, including the West Coast Salsa Congress, NYNJ Salsa Congress, Zurich Salsa Congress, World Salsa Festival in Milan , and the list goes on and on.
In addition to their various congress performances, they have been featured guests on numerous European television shows, including "Good Sunday", "Champions of Dance", "Live the Life", "Verissimo", "Wazz Up?" They have also appeared with Latin recording star Ray Sepulveda on his European tour, as well as with major Italian musical artist Claudio Baglioni, who wrote the anthem for the 2006 Winter Olympics, amongst other things. Adding to their many talents, Graziano is also recognized by his alter ego, DJ Majuka, and under this name, has co-produced many a hit dance hit in his native country and beyond, and on occasion, the duo have been in demand as musical artists in addition to their dancing!
The International Hustle Salsa Competition brings together an eclectic group of today's dance stars – all very accomplished with their own unique style. Whether you're a beginner or an established professional, our workshops are sure to offer just the class you seek.
The Hustle is a catchall name for several disco dances which were extremely popular in the 1970s. Today it mostly refers to the unique partner dance done with new contemporary, R&B and classic music.
Click on the names below to view your Hustle Professionals:
Donna Boyle Ginny Carey Elizabeth Darchi & Louis Orlando Shay Dixon Billy Fajardo Deborah Hampton Jameson Kilburn Katie Marlow Billy Marti Daniel McGee Kelvin Roche & LoriAnn Greenhouse Erica Smith Daniela Trucco & Graziano Boggiani


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HHS goes 1-2 in Goodland
Published on -9/5/2012, 10:13 AM
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By The Hays Daily News
The Hays High School volleyball team went 1-2 on Tuesday at the Goodland Quadrangular.
The Indians defeated Thomas More Prep-Marian (25-20, 25-16), but they lost to Goodland (25-19, 25-17) and Burlington (25-23, 25-20).
Hays High now is 4-2 this season.
Senior Millie Copper had a team-high six kills against TMP. She also had an ace.
Senior Mikayla Linn had five kills, and freshman Albany Schaffer had a team-high 17 digs. Freshman Madison Prough had 11 assists.
In the match against Goodland, Copper and senior Sydney Niernberger each had four kills. Junior setter Tori Aten had 10 assists, and Schaffer had seven digs.
Against Burlington, senior Mikayla Linn led the squad with five kills and an ace. Aten and senior Shea Briggs had 11 assists and 10 assists, respectively.
The Indians compete next at 4 p.m. Thursday at Dodge City.
Scores for TMP were not received this morning.


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West End Road
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Suspended on a stone terrace over Pristine Cove, this thatch-roofed restaurant inside the the Rockhouse Hotel plays a reggae soundtrack that seems synchronized with the waves slapping the shore. Here, chef Kevin Broderick serves up a terrific menu of what he calls New Jamaican cuisine—updated versions of local dishes like coconut toast, salt fish with ackee (Jamaica's national dish; ackee is a local fruit something like a lychee), and jerk chicken in Scotch bonnet sauce. Other choices include lobster enchiladas, crab turnovers, and blackened mahimahi with mango chutney. To accompany, there are the requisite Negril sunset tropical cocktails and a pretty good wine list.
Open daily 7 to 11 pm.
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Spinning 'round and 'round.
Holding hands ,
The whole world a blur.
There is this power in music to turn your world upside down, no matter what the situation may be. It can make the best of days look dull and gray, given that some blues are playing in the background. And then again you can be in the sourest of moods, but just a minute of this beautiful composition hitting your ears, can make you imagine a vibrant colorful paradise right in front of your eyes. And to be frank, just take any song ever composed by Sigur Ros, and you'll feel the same. This band has the power to transcend you into some other dimension every-time you lend your ears to them.


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South Africa: South Gauteng High Court, Johannesburg
You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2011 >> [2011] ZAGPJHC 59 | Noteup | LawCiteExecujet Aviation (Pty) Ltd v khumalo (2010/42058) [2011] ZAGPJHC 59 (15 June 2011)
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In the matter between:
EXECUJET AVIATION (PTY) LTD.....................................Applicant
MZILIKAZI GODFREY KHUMALO................................Respondent
In this application the Applicant seeks judgment against the Respondent in an amount slightly in excess of R1.1 million.
The Applicant's associated company, Execujet Flight Operations (Pty) Ltd ("Flight Operations"), allegedly rendered charter flight services to a company, Metallon Corporation (Pty) Ltd ("Metallon"). Flight Operations then allegedly ceded its claim against Metallon to the Applicant.
Metallon failed to pay for the services rendered and the Applicant brought liquidation proceedings against Metallon ("the liquidation proceeding"). Metallon opposed the proceedings, inter alia, on the basis that the charter services rendered by Flight Operations had been rendered to the Respondent (who was the Chairman of Metallon) in his personal capacity. Accordingly, Metallon maintained that the Respondent was the debtor not Metallon.
The Deponent to Metallon's answering affidavit in the liquidation proceeding ("the LPAA"), Andile Reve, alleged that he had been informed by the Respondent that the Respondent had "undertaken to pay the amount due by him to the Applicant in instalments and the latest payment of R200 000 was made on 15 June 2010". The Respondent filed a confirming affidavit confirming the correctness of the allegations contained in Reve's affidavit.
Neither Reve nor the Respondent clarified anywhere what the Respondent's payment plan was – i.e. how long the Respondent would take to pay the debt, in what instalments, and what interest would accrue on the debt.
The Respondent and Metallon also disputed that Flight Operations had validly ceded its claim to the Applicant. Accordingly, they denied that the Applicant had locus standi to bring the winding up application. However, this denial of standing was not elaborated upon in the LPAA. It also appears to be inconsistent with the language of the allegation made in paragraph 7 of Metallon's answering affidavit, in which the deponent appears to have admitted that the holder of the claim was in fact the Applicant.
The Applicant filed a replying affidavit in the liquidation proceeding ("the LPRA"), in which the Applicant disputed the contention that the debt was a personal debt of the Respondent. The Applicant consistently maintained – and still maintains – that Metallon was its debtor.
On 11 August 2010, Metallon was voluntarily wound up in terms of Sections 349 and 351 of the Companies Act by way of special resolution. Notwithstanding the voluntary winding up, the Applicant persisted with its compulsory winding up application and filed a further supplementary affidavit ("the LPSA") in support thereof. In this affidavit the Applicant again steadfastly maintained that the Applicant's debtor was Metallon and not the Respondent.
Consequent upon the filing of that affidavit, the Court placed Metallon under final winding up in the hands of the Master and converted the voluntary winding up into a winding up in terms of Section 346(1)(e) of the Companies Act. The purpose of the conversion was primarily to enable the Applicant to conduct an inquiry under Section 417 of the Companies Act.
The Applicant has now brought proceedings against the Respondent claiming payment of the same debt that it previously claimed against Metallon in the liquidation proceeding(s). The Applicant continues to maintain that Metallon (and not the Respondent) is its true debtor. However, the Applicant maintains that the Respondent's confirming affidavit in the winding up constitutes an acknowledgment of liability that the Respondent is entitled to accept and sue upon independently in these proceedings. The Respondent opposes the application.
In paragraph 7 of Metallon's answering affidavit in the winding up proceeding, Reve stated:
"I have been informed by Khumalo that he has undertaken to pay the amount due by him to the applicant in instalments and that the latest payment of R200 000.00 was made on 15th June 2010 and a proof thereof is annexed hereto marked 'ARJ2'.
I have been advised by my legal representatives that the company, in this instance the Respondent, cannot be held liable for the debts incurred by any of the directors in their personal capacities."
The Respondent was allegedly the Chairman of Metallon's Board of Directors at the time. In that capacity, he was the signatory to a resolution ostensibly taken by the Board of Metallon, authorising the Respondent to take all steps necessary to oppose the winding up proceedings on behalf of Metallon.
The Respondent filed a confirming affidavit in the liquidation proceeding in which he confirmed the contents of Reve's answering affidavit. By implication he therefore confirmed under oath that he was indebted to the Applicant and that he had undertaken to pay that indebtedness in instalments.
The sum of R200 000 was paid from the bank account of an entity called Mawenzi Resources and Finance Company.
In response to these allegations in the LPAA, the Applicant alleged, in the LPRA that:
"7.3 Whenever Execujet Flight Operations dealt with Khumalo, Khumalo acted on behalf of the Respondent and he did not act personally, and in this regard I refer to the following:
7.3.1 The invoices ... are all made out in the name of the Respondent, the reason being that the Respondent and not Khumalo personally contracted with Execujet Flight Operations.
7.3.2 Neither Reve nor Khumalo (whose confirmatory affidavit is annexed to Reve's affidavit) take issue with the fact that the invoices rendered to the Respondent ... are all made out in the name of the Respondent and not Khumalo. Consistent with this is the fact that the Respondent received the invoices and no-one from the Respondent took issue with the fact that the invoices are all made out in the name of the Respondent and not Khumalo.
7.3.5 Furthermore, with regard to the charter quotations, whilst it is alleged ... that Khumalo signed the charter quotations in his personal capacity and not as the representative of the Respondent, Khumalo does not explain (because he cannot) why his signatures to the charter quotations are not qualified, i.e. that he signed the documents personally and not on behalf of the Respondent, and he does not explain (again he cannot) why the documents are all made out in the name of the Respondent and not Khumalo.
7.4 The fact that whenever Execujet Private Operations dealt with Khumalo, Khumalo acted on behalf of the Respondent and he did not act personally, is further evidenced by the following: ..."
Thereafter, paragraph 7.4 sets out a list of five factors which, according to the Applicant, demonstrated that the indebtedness was one owed by Metallon and not Khumalo.
In the LPSA, the Applicant again stated:
"17. I submit that the Applicant is indeed a creditor of the First Respondent, and in this regard I refer to the contents of the affidavits already filed of record. In particular, as will be argued at the hearing of this application, the indebtedness owed to the Applicant is in fact owed by the First Respondent and not Mzilikazi Godfrey Khumalo as alleged by the First Respondent."
[emphasis added].
All of these facts appear from the Applicant's founding affidavit to which all of the affidavits in the liquidation proceeding have been attached.
The Applicant's cause of action in this application is summarised in the founding affidavit ("the FA") in this application as follows:
"29. Whilst the Applicant still maintains that the charter flight services rendered by Execujet Flight Operations were rendered by Metallon and not to the Respondent personally, it is submitted that the contents of Metallon's answering affidavit in the winding up application read together with Respondent's confirmatory affidavit, constitutes an acknowledgement of liability by the Respondent in favour of Execujet Flight Operations (which acknowledgement of liability the Applicant accepts for the purposes of this application) in the amount of R1 184 359,18 (at very least) as well as the amounts of R99 781,21 and R15 336,82.
33. The reference in paragraph 7 of Metallon's answering affidavit to 'the amount due by him' [i.e. the Respondent] to the Applicant', confirmed by the Respondent in his confirmatory affidavit, is an acknowledgment by the Respondent of liability in favour of the Applicant (which acknowledgement of liability the Applicant accepts for the purposes of this application)."
[emphasis added].
The Respondent answered this allegation as follows:
"44. I deny that I am indebted to the Applicant in the sum claimed or for any other sum. Insofar as the answering affidavit in the winding up application is concerned, I made those statements with the understanding that the amounts were due. However, this Honourable Court has decided otherwise. Accordingly, the Applicant has proceeding for the winding up of Metallon and obtained the final winding up order to this Honourable Court and it cannot claim the same amount from me."
It is clear that the Respondent's intent in making the allegation contained in paragraph 44 of the answering affidavit was to deny liability on the basis of res judicata. This was the Respondent's main defence to the application.
In this answering affidavit, the Respondent raised the following defences to the application:
Res judicata. The Respondent maintained that, when the Court granted an order converting the winding up of Metallon, it recognised the Applicant's claim as being one against Metallon. Accordingly, it maintained that the Applicant was precluded by res judicata from pursuing the Respondent on another basis entirely.
Waiver/election. The Respondent maintained that, when the Applicant filed its replying affidavit and supplementary affidavit, the Applicant waived its right to proceed against the Respondent and/or elected to proceed against Metallon instead of the Respondent.
The Respondent maintained that the claim against Khumalo had not been validly ceded to the Applicant because, at the time when the Applicant obtained cession from Flight Operations, it believed its claim was against Metallon and not the Respondent.
During the course of argument, I expressed concern about whether the Applicant had articulated a proper cause of action in the founding affidavit and I requested supplementary heads of argument. I then addressed correspondence asking the parties to address, inter alia, the following issues in their supplementary heads of argument:
"2.1 Whether the applicant can rely upon an acknowledgement of debt given by a third party, who on the applicant's version was never indebted to the applicant. This requires, inter alia, an evaluation of whether there is an underlying causa for the acknowledgement of debt.
2.2 Whether the acknowledgement of debt is an offer that was still open for acceptance by the applicant in its founding affidavit in this application, and whether the applicant's replying and supplementary affidavits in the liquidation proceedings can be construed as a rejection of the offer."
Counsel for the parties have responded to my request and have both delivered supplementary heads of argument on 16 May 2011.
In the winding up, the Applicant asserted a claim against Metallon, not the Respondent. At the same time, the Respondent maintained that he was the true debtor, not Metallon.
Now both parties are taking up diametrically opposed positions. Although they both tried to explain their changes of position, these about faces result in anomalies in both the Applicant's claim and in the Respondent's defences. Neither party has been able to articulate its case in the affidavits in a manner that is juristically appropriate.
The Applicant's case is based upon an acknowledgement of liability. As appears from the analysis set forth below, the Applicant's case is not really based upon an acknowledgment of liability but upon the acceptance of an alleged offer by the Respondent to pay the debt of a third party (Metallon).
At the same time, the Respondent asserts that the Applicant's predecessor-in-title had a right to recovery against the Respondent, which has fallen away because the Applicant has waived that right and/or elected not to proceed with it. As appears from the analysis set forth below, when the Respondent's case is applied to the facts, the case is not so much based upon waiver of an existing right, but upon the Applicant's election to reject the Respondent's "offer" (such as it was) to pay off Metallon's debt.
Despite the fact that neither of the parties have applied the correct juristic labels to the claim and the defences, it remains possible for me to resolve the real issues between the parties based upon the largely undisputed facts set forth in the affidavits.1
In this application, the Applicant continues to maintain that its true debtor is Metallon. However, it also maintains that the Respondent has acknowledged liability and that that acknowledgement of liability constitutes an offer which the Applicant can now accept and has accepted "for purposes of this application".
The Respondent's counsel, Mr Bava SC, correctly queried the meaning of the term "for purposes of this application". In my opinion, it can mean nothing other than that, while asserting a claim against the Respondent in this application, the Applicant is not abandoning its claim against Metallon. As appears from what is more fully set forth below, the retention of the claim against Metallon has juristic consequences for the Applicant.
In Adams v SA Motor Industry Employers Association 1981 (3) SA 1189 (A) 1198B, Jansen JA held:
"There is ample authority to the effect that an acknowledgment of debt, provided it is coupled with an express or implied undertaking to pay that debt, gives rise to an obligation in terms of that undertaking when it is accepted by the creditor; and it does not matter whether the acknowledgment is by way of an admission of the correctness of an account or otherwise ... In Christou v Christoudoulou 1959 (1) SA 586 (T) there are dicta to the effect that an admission in respect of an existing debt cannot 'found an independent cause of action' unless it amounts to a novation ... This, with respect, appears to rest on a misapprehension. There can be no objection in principle to a second obligation arising in respect of an existing debt, and this appears to have been recognised by this Court (Smit v Rondalia Versekeringskorporasie Van Suid Afrika Bpk 1964 (3) SA 338 (A) at 346G). The decisive question is whether the acknowledgement contains an express or implied undertaking to pay, a matter which relates to the intention of the parties. It may well be that an acknowledgement of debt usually implies an undertaking to pay, but this an aspect upon which it is unnecessary to express an opinion now."
[emphasis added].
At p1199G the learned Judge continued:
"... However, in our law, the matter may be clarified by reference to the position where a negotiable instrument such as a promissory note is given in respect of an existing debt. There can be little doubt that – unless a novation is intended, which is not presumed – two obligations then exist: the original obligation and the obligation arising from the note. They are interdependent. The original obligation may, in a sense, be said to be causa of the new obligation ... and defences in respect of the original obligation may be raised in respect of the new obligation; performance of either discharges the other. Fortified by two obligations in respect of the same performance, the creditor has, however, no free election to enforce the original obligation. Our cases have followed the English law that, upon acceptance by the creditor of the negotiable instrument, the right to enforce the original obligation is suspended until maturity of the instrument, and when the creditor claims payment of the original obligation he must account for the negotiable instrument ... It follows that, if the creditor were to cede (or negotiate) the negotiable instrument, the debtor is safeguarded against being sued by both the holder (on the instrument) and the creditor (on the original application). In accordance with the name of any nemo plus juris rule it follows that, if the creditor were to cede the original obligation to a third party and retain the instrument, the third party would be subject to the same restrictions in relation to the old obligation to which the creditor was before the cession. There would, therefore, be no reason to preclude the creditor from enforcing the new obligation."
[emphasis added].
The legal construct, prevents the Applicant from suing on the alleged "acknowledgement of debt" given by the Respondent while at the same time continuing to enforce the "primary obligation" against Metallon.
In Froman v Robertson 1971 (1) SA 115 (A) 121F, Corbett AJA (as he then was) held:
"Reverting, more specifically, to the position of the drawer of a cheque, it is clear that by issuing a cheque in due form he engages, or promises, that on due presentment it will be honoured by the bank according to its tenor and that if dishonoured he, the drawer, will compensate the holder or an indorser who is compelled to pay the cheque ... As between the payee and the drawer these promises are enforceable only if supported by justa causa in the above described sense; or, to put it another way, as between himself and the payee, the drawer, when sued on the cheque, is always entitled to raise the defence that he drew and issued the same without there having been the necessary justa causa."
[emphasis added].
In Saambou Nasionale Building Society v Friedman 1979 (3) SA 978 (A) 991, Jansen JA held:
"In this court the requirement of reasonable cause in our law once again came to the front in Froman v Robertson Ibid – at least with regard to the contract between payee and drawer of a cheque (which can be regarded as an example of a purely unilateral contract). Although the Court still defines reasonable cause in terms of animus contrahendi ... it is very clear that 'cause' is also linked to the underlying relationship. It will lead to greater clarity in the future if the two concepts are kept apart in order that animus contrahendi no longer overlaps 'reasonable cause' which must be sought in the underlying relationship ...
... Fortunately these complicated matters need not now be considered and for purposes of the present case, in pursuance of Hugo de Groot's exposition, the principal agreement can be regarded as the cause for the subsidiary agreement, in the sense that without the former the subsidiary agreement would not be valid. To be consistent it would then also have to be accepted that when, e.g., the drawer issues his cheque to a creditor of another person in settlement of the other person's debt, the other person's debt is the causa for the drawer's negotiable instrument contract. That the drawer can bind himself in this manner appears from the decision in Froman v Robertson (supra), and it follows that the debt of the other person would then be regarded as 'reasonable cause' for the drawer's contract ...
It seems quite clear that only by agreement of the parties to the subsidiary agreement can the subsidiary agreement and the principal agreement be related and can the possibility of the presence of reasonable cause for the principal agreement be created. Various difficult questions can arise in this regard, but for the purpose of the present case we can consider the negotiable instrument contract which arises if the drawer of a cheque delivers it to the payee. Payee and drawer will have to be in agreement concerning what the proceeds of the cheque are to be devoted to before there can be any talk of reasonable cause. By this agreement the bond between the negotiable instrument contract and the underlying relationship is established."
[emphasis added].
Analysis of the juristic nature of an acknowledgement of debt indicates that the contractual arrangement contended for by the Applicant does not fit neatly within this paradigm for the following reasons.
First, it was never the intention of the Respondent to undertake to pay the debt of a third party – i.e. Metallon. As far as the Respondent was concerned, no indebtedness was ever owed by Metallon to the Applicant. The Applicant, on the other hand, believed that the debt was owed by Metallon. There was no consensus on the underlying causa and its relationship to the acknowledgment of liability as required by Saambou Nasionale Building Society v Friedman.
Second, given that the Applicant and the Respondent were not ad idem as to whether the Respondent was acknowledging a primary obligation or separately undertaking a subsidiary obligation, it is difficult to call the "undertaking" an acknowledgement of liability. Whose liability is being acknowledged?
Third, when the Applicant elected to proceed with the winding up in the face of the acknowledgement of liability, the Applicant effectively enforced the "primary obligation". It is now no longer possible for the Applicant to undo what it did and to tender to return it to the Respondent upon payment of the amount claimed. Applying the acknowledgement of debt module, this inability to turn back the clock, makes it notionally impossible for the Applicant to proceed on the subsidiary agreement.2
Even if the alleged "undertaking" is not an acknowledgement of debt in the true sense of the word, it nevertheless remains an issue whether the alleged acknowledgement constitutes an offer by the Respondent to pay the Applicant that is open for acceptance and enforceable in these proceedings. I do not believe that it is such an offer for the following reasons:
Assuming that the acknowledgment is an offer, it could not give rise to a valid and binding contract until it was accepted.
The alleged "undertaking" given in the LPAA does not appear to have been seriously intended by the Respondent to bring about a binding contract – i.e. it was not made animus contrahendi. It is not in the form of a direct communication from the Respondent to the Applicant. It is a statement of fact, which the Applicant disputed – i.e. that the proper party to be pursued was the Respondent.3
As a matter of law, an offer that does not stipulate a specific time for acceptance lapses after a reasonable time.4 This "offer" does not stipulate a lapse date.
The offer was made on 15 June 2010, when the Respondent deposed to his confirmatory affidavit. The present application (in which the offer was supposedly accepted) was launched during October 2010 five months later. The Applicant, on whom the onus lies, has produced no evidence of what would constitute a reasonable time for acceptance of the offer. Prima facie, it appears to me a period of more than five months is not a reasonable time.
An offer is terminated upon rejection5. In the present context, after receipt of the LPAA, the Applicant continued to steadfastly maintain in both its replying affidavit and supplementary affidavit that the "undertaking" did not avail Metallon as a defence in the liquidation proceeding. The Respondent disputed that the liability was the Respondent's and put up evidence to demonstrate that the liability was Metallon's. In addition, the Respondent proceeded with the winding up.
There can be no doubt that the Applicant's conduct (which the Respondent labels an "election" or "waiver") constituted a rejection of the alleged "offer".6 In reaching this conclusion, I recognise that the Respondent was not a direct party to the winding up application. However, it is clear that, as the person who had been authorised by Metallon to defend the proceedings on its behalf, he was aware of the contents of the replying affidavit. As the chairman of the company's board of directors, he would also have been aware of the fact that, after the replying affidavit was filed, Metallon's shareholders elected to place the company in voluntary winding up, presumably in response to the replying affidavit. To conclude that the rejection was not communicated to the Respondent because he was not a direct party in the litigation would be the height of formalism.
Even assuming that the Respondent intended to make an offer in the answering affidavit, having regard to the context in which the offer was made, it must have been an implied term of the offer that the Applicant could not proceed with the winding up while at the same time accepting the Respondent's alleged offer of payment. After all, the stated purpose of the alleged "offer" was to prevent the liquidation from occurring. Having elected to proceed with the liquidation, it is no longer open for the Applicant to accept the alleged offer.
As noted above, the terms of the offer to pay are too vague to be enforceable. On its face, the undertaking is not an undertaking to pay the entire capital amount all at once. It is an undertaking to pay an unspecified number of instalments in unspecified amounts. It is also not clear when payments are to commence. The question of interest has not been dealt with. Acceptance of the offer therefore cannot give rise to a binding and enforceable contract that would entitle the Applicant to immediate judgment at this stage.
Finally, I must consider whether the Applicant can succeed if I decide this claim on the Respondent's version only. In this respect, the Respondent's testimony in the winding up application was that he was the true debtor. Based on this version only, can I grant judgment in the amount claimed? I am afraid I must conclude that I cannot for the following reasons.
First, it is not the Applicant's case that its debtor is the Respondent. The Applicant has put up convincing evidence (which was accepted by the Court in the liquidation proceeding) that its true debtor is Metallon and not the Respondent. I cannot shut my eyes to this evidence (which is before me) and simply base my decision on what the Respondent said in a previous proceeding.7
Second, to the extent that the Applicant may have had a right to proceed against the Respondent if he was the true debtor, the Applicant waived that right when the Applicant elected to proceed against Metallon rather than the Respondent personally.
In a very able argument, Mr Hollander, who appeared for the Applicant, argued that there could not be a waiver in these circumstances, because at the time when the alleged waiver occurred, the Applicant was not aware of all of the facts – i.e. that its claim was against the Respondent and not Metallon. I do not agree with this argument. At the time when the Applicant filed its replying affidavit and supplementary affidavit in the liquidation proceeding, the Applicant was aware of the fact that the Respondent alleged that he was the true debtor. At that stage, the Applicant was in possession of all of the facts upon which to base a decision as to whether to proceed with the liquidation proceeding. Nevertheless, it chose to go forward with the winding up proceeding against Metallon.
The Applicant also contends that, because the Respondent was not a party to the winding up proceeding, the Applicant's waiver or election has not been notified to the Respondent. This argument fails for the reasons stated in paragraph 40.6 above. The Respondent, as the chairman of Metallon, and the person authorised to represent it, would undoubtedly have been aware of the election or waiver.
Accordingly, I am driven to the conclusion that the Applicant has not established a contractual cause of action. As a consequence of this finding, the application must fail.
In the view I take of the matter, it not necessary for me to address the other specific defences raised by the Respondent, as summarised in paragraph [22] above.
I emphasise that the finding that I have made in this judgment is a finding only that the Applicant cannot proceed against the Respondent personally based upon the specific cause of action sought to be enunciated in this application – i.e. that the Respondent made an offer to pay Metallon's debt which the Applicant can now accept. Nothing in this judgment precludes the Applicant from proceeding against the Respondent personally on a basis that is consistent with the notion that the primary obligation is Metallon's. Accordingly, there is nothing in this judgment that would, for example, preclude the Applicant from proceeding to recover against the Respondent under section 424 of the former Companies Act or by asserting a claim based upon abuse of corporate personality, if such the claims are meritorious.
As the Respondent has achieved substantial success in this application, the Respondent would ordinarily be entitled to costs. However, in my opinion this is an appropriate case to depart from the usual rule: "Costs are in the discretion of the Court ... and ethical considerations may enter into the exercise of that discretion" 8.
The Respondent has abused the process of the Court. He put up an affidavit in the winding up application in which he confirmed that he had undertaken to pay the debt off in an effort to defeat the application for winding up. It is plain that the Respondent had no intention of honouring that undertaking.
As a result of this assertion, the winding up application had to be treated as an opposed matter and the Applicant was forced to file a replying affidavit and to argue the matter. Metallon then went into voluntary liquidation. This forced the Applicant to bring an application for conversion.
All of this caused the Applicant considerable expense and delay which may or may not be recoverable from the estate of Metallon, depending upon its financial position. Even if it is recoverable from the estate of Metallon, the claim for costs will ultimately come out of the pocket of Metallon's creditors.
I am therefore not disposed to award the costs of this application to the Respondent.
Accordingly, I make the following order:
The application is dismissed.
Each party is to pay its/his own costs.
Acting Judge of the High Court
Counsel for the Applicant:L Hollander
Attorney for the Applicant:Darryl Furman & Associates
Counsel for the Respondent:A Bava SC
Attorneys for the Respondent:Cliffe Dekker Hofmeyr Inc
1 Paddock Motors (Pty) Ltd v Igesund 1976 (3) SA 60 (A) 24A-G.
2 South African Breweries Limited v Ribeiro t/a Docks Liquor Merchants [1994] 4 All SA 627 (W), Adams v SA Motor Industry Employers Association 1981 (3) SA 1189 (A).
3 See Societe Commercial de Moteurs v Ackerman 1981 (3) SA 423 (A) 434A – 435D (in which the Court held that a letter advising the plaintiff that the defendant had undertaken to guarantee the indebtedness of a company, Peughold, to the plaintiff was insufficient to establish a contract between the defendant and the plaintiff directly).
4 Dietrichsen v Dietrichsen 1911 TPD 486, 496.
5 Christie: The Law of Contract in South Africa: 5th Ed: p49.
6 Kotze v Suid-Westelike Transvaalse Landbou Kooperasie 2005 [2] All SA 232 (SCA) para [24]; Sanjo Marketing CC v Bank of Athens South Africa Limited 2002 [JOL] 9473 (W).
7 Administrator, Transvaal, & Others v Theletsane & Others [1990] ZASCA 156; 1991 (2) SA 192 (A) 196 (The Court held that, where the applicants had come to Court on the basis that they had been afforded no hearing prior to their dismissal as employees, it was not permissible for them to succeed based upon allegations in the respondent's answering affidavit, which asserted that the applicants had been afforded a hearing, but described a hearing that the applicants maintained was unfair); Al-Kharafi & Sons v Pema 2010 (2) SA 360 (W) 389D (The Court held that the applicant could not, arising out of something that emerged from the respondent's answering affidavit, seek to make out a case that was contrary to a case made out in the founding affidavit).
8 Mahomed v Nagdee 1952 (1) SA 410 (A) 420-421; Merber v Merber 1948 (1) SA 446 (A) 423-453.


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A few months ago, Tawakkul Karman…a native of Yemen was just one of the thousands of people who gathered in Change Square to protest the authoritarian regime of President Ali Abdullah Saleh. Now… the thirty-two-year- old mother of three is touring the world as a Nobel Laureate. I was able to speak to Karman about her feelings on winning the prestigious award.
Martina: How is this a victory for woman? You win this prize but what happens to the woman back home how is this a victory for them?
Karman: Before the revolution there was a bad view…a bad image of woman in Arab region in and woman in Yemen. They thought that she's week she doesn't have any decision… But what happened in this revolution… especially in Yemen…showing the world and showing woman herself and showing the society in Arab and in Yemen that woman is strong and woman can lead the society she's leader of revolution, she's leader of demonstrations and sit in. She participated in planning for this revolution…she trusts herself and the society also trusts her.
Karman is a young woman in her thirties…she's vivacious, passionate about her cause and understands the impact the Nobel Prize has on woman in the Arab world.
So what is this impact? What is this peace prize? It's recognition from the world about the peaceful revolution in Yemen and also the role…the good role and strong role of woman. I think the Nobel peace prize is a victory of peaceful youth revolution in Yemen. It's also a victory of women in Arab region.
Karman says the global media attention from winning the Nobel Prize has shed light woman's movement, which is still in its infancy.
It isn't just political revolution…it's social revolution.
Yemeni human rights activist Tawakkul Karman, the first Arab woman to win the Nobel Peace Prize, will discuss the role of women and the changes sweeping across the Middle East in a public lecture today at the University of Michigan.
I'm Martina Guzman. WDET News.


text:
20 Free Business and Corporate Themes for 2011
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text:
MEDFORD, Ore. — Downtown Medford could look a little different, at least between West Main and 8th streets.
Pacific Retirement Services, Procare Software, and Rogue Disposal and Recycling announced they're going in on a proposal together to build a new office retail building on the site surrounding the Evergreen parking structure.
They'd each get a floor of the complex and dedicate the other floor to restaurants and retail. Upon approval by the city, the project would then begin spring 2013 and be completed by fall 2014.


text:
Latin Twist: Fun Fiesta Cocktails Part 1
And so, mis queridos amigos, it begins. Once the tree in Rockefeller Center has been lit, the pre-holiday and then holiday vortex descends. Though the fiestas may be a lot of fun, so many of us—and for good reasons—get totally stressed. Because of this, I'd like to share some entertaining… Read More →


text:
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Halter top corset that ties behind the neck with front busk closure, lace-up back for cinching and matching thong and removable garters. Comes with removable pink bow belt. Click below for matching white ruffle shorts (available up to size 6X).


text:
Yesterday I spent a day at the CeBIT fair, still the world's largest IT fair. Besides the many interesting meetings I had previously scheduled, I started thinking about the CeBIT "Leitthema" – their "claim of the year". This year it has been "Shareconomy". I still do not know what this term shall mean. There is some fuzzy description at the CeBIT homepage, but in contrast to topics like "Cloud" and "Managing Trust" in 2011 and 2012 respectively, Shareconomy – described as "sharing and using information, resources and experience based on new forms of collaboration" – is a very amorphous concept. They then try to associate it with crowd sourcing, smart infrastructures and smart grids, data security, big data, etc.
In fact, I think that there is something behind this rather strange buzzword. Back in September 2012, KuppingerCole hosted an event about the 4Cs: Communication, Collaboration, Content, and Cloud, which was about enabling new ways of collaboration and communication in a secure way. That probably is what the Shareconomy is all about.
When I look at our advisory business, I see another red-hot topic. In German I'd call it "Umgang mit Dritten", i.e. how to interact with third parties and services provided by these in a consistent, standardized way. That is about Cloud Security, Identity Federation, API Economy and security therein, etc. Opening up the perimeter and supporting business processes that integrate business partners, customers, etc. is highly important. So maybe that is also part of the Shareconomy. For sure, you will be able to learn a lot about this at our upcoming EIC – the real stuff, not the marketing buzz and fuzz. To highlight just some few sessions:
- Moving to the Cloud to Improve Customer Experience – Lessons Learnt
- People, Process, Product, Partner – the Four P´s of IAM/IAG in the Extended Enterprise
- Supporting the Extended Enterprise: Partners, Customers, Mobile Users, and all the Others
- The Future of IAM: Do not kill IAM, improve and extend it
However, the thing that confused me most at CeBIT – in the context of their Shareconomy claim – was the lack of free WiFi. Sharing without connectivity? Or at least sharing without free or affordable connectivity? Will that work? I doubt it. I used my UMTS cards in the notebook and iPad respectively, because I otherwise would have had to pay 30 € for a 4-hour WiFi pass. That is far more even than in the old school hotels that still charge for WiFi. Ridiculous.


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Many of us consume the majority of our calories from snacks, rather then whole food meals. We often say to ourselves " ahh its just a couple cookies, how bad could it be"?…guess what? Eating just " a few cookies" or a bag of chips a day, could be the reason why you are not losing weight. There are 120 calories in 2 Oreo cookies? And who only eats JUST 2…I can bet you are going to eat atleast 5 or 6 at a time which is 600-720 calories not including the glass of 2% milk you dip them in! That contains about 100 grams of carbs, 25 grams of fat, 15 grams of saturated fat, about 50 grams of sugar, and ONLY a total of 5grams of protein! This all seems like a no-brainer, however sometimes we put things in our mouths without thinking about it, I bet you have never thought about a Oreo cookie the way you do now! The majority of women that weigh roughly 120 lbs should be eating 1300-1600 calories baseline which of course is dependent on numerous factors: goals, body type, activity level etc. If she consumed 6 cookies, she would have consumed 50% of her baseline caloric intake. It's no wonder the USA has an obesity epidemic, the majority of it is due to "harmless" small snacks! Think about what you put in your mouth, read labels and understand them.
Many of us eat our high calorie snacks before we go to bed, hence the tip " don't eat before you go to bed". The reason fitness professionals recommend you do not eat before bed is mainly because of what people eat. Chips, chocolate, candies, pop. This doesn't mean you cannot indulge in some snacks while watching t.v. at night. Consume some fruits, some veggies with a low calorie dip, almonds, homemade trailmix, or try preparing a protein "chocolate mousse". Add a bit of water to some protein powder in a bowl, add 1/2 a tablespoon of almond butter, cinnamon, whip it all together and enjoy a chocolate mousse.
Cutting out the crap from your diet WILL make the difference if you are trying to shed off the fat, build some lean muscle, tone your body, reduce blood pressure...need I say more?
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text:
Next: Menu Separators, Previous: Simple Menu Items, Up: Defining Menus
An extended-format menu item is a more flexible and also cleaner
alternative to the simple format. You define an event type with a
binding that's a list starting with the symbol menu-item
For a non-selectable string, the binding looks like this:
(menu-item item-name)
A string starting with two or more dashes specifies a separator line; see Menu Separators.
To define a real menu item which can be selected, the extended format binding looks like this:
(menu-item item-name real-binding . item-property-list)
Here, item-name is an expression which evaluates to the menu item string. Thus, the string need not be a constant. The third element, real-binding, is the command to execute. The tail of the list, item-property-list, has the form of a property list which contains other information.
Here is a table of the properties that are supported:
means yes). If the item is not enabled,
you can't really click on it.
means yes). If the item
does not appear, then the menu is displayed as if this item were
not defined at all.
text properties (see Help display).
Note that this must be a constant string, unlike the help-echo
property for text and overlays.
:button (
type .
. The cdr, selected, should be a form; the
result of evaluating it says whether this button is currently selected.
A toggle is a menu item which is labeled as either "on" or "off"
according to the value of selected. The command itself should
toggle selected, setting it to t
if it is nil
and to nil
if it is t
. Here is how the menu item
to toggle the debug-on-error
flag is defined:
(menu-item "Debug on Error" toggle-debug-on-error :button (:toggle . (and (boundp 'debug-on-error) debug-on-error)))
This works because toggle-debug-on-error
is defined as a command
which toggles the variable debug-on-error
Radio buttons are a group of menu items, in which at any time one
and only one is "selected". There should be a variable whose value
says which one is selected at any time. The selected form for
each radio button in the group should check whether the variable has the
right value for selecting that button. Clicking on the button should
set the variable so that the button you clicked on becomes selected.
key-sequenceIf you specify the wrong key sequence, it has no effect; before Emacs
displays key-sequence in the menu, it verifies that
key-sequence is really equivalent to this menu item.
:key-sequence nil
However, if the user has rebound this item's definition to a key
sequence, Emacs ignores the :keys
property and finds the keyboard
equivalent anyway.
filter-fnEmacs can call this function at any time that it does redisplay or operates on menu data structures, so you should write it so it can safely be called at any time.


text: If you listened to the 8:30 Segment with Tom and I, catch it on the podcast page here, you heard Melanie Petty in studio and we were talking about the Scrooge Contest, where 4 candidates try to raise more cash and canned goods for the Atlantic Food Pantry…each can worth a point, each dollar worth a point…It looks like your good buddy Frank is bringing up the rear…as of 10:20 this morning, I have my dollar from Bennett Blake and my Melanie Petty dollar. So she is literally 200% ahead of me, so if you can help out with canned goods or cash, please drop it off here at the KSOM studios 413 Chestnut Street and help me help the Atlantic Food Pantry and become the Grand Marshall at the Atlantic Christmas Parade! Thanks in advance!


text:
We offer boys and girls in grades 6 through 12 a Friday night in the sand learning skills, playing games and having fun. Our experienced coaches, who have played competitive volleyball and/or coached at various levels, help our kids develop skills and teach the concepts of team, sportsmanship and how to have fun. It's a positive, nurturing environment with adult supervision.
Parents are welcome to watch while enjoying a snack from our Sweet Love Snack Bar which is right next to the courts.
Registration Form
Need more information? Email Marshal Coleman.


text:
What does TURP mean in Medical?
This page is about the meanings of the acronym/abbreviation/shorthand TURP in the field in general and in the Medical terminology in particular.
transurethral resection of prostate
Find a translation for TURP in other languages:
Select another language:
What does TURP mean?
- transurethral resection of the prostate, TURP(noun)
- removal of significant amounts of prostate tissue (as in cases of benign prostatic hyperplasia)
Discuss this TURP abbreviation with the community:
Use the citation below to add this abbreviation to your bibliography:
"TURP." Abbreviations.com. STANDS4 LLC, 2015. Web. 5 Mar. 2015. <http://www.abbreviations.com/term/1403656>.
TURP also stands for:
- trans urethral resection of prostate
- Trans-Urethral Resection of the Prostate
- Transurethral Resection of the Prostate
- transurethral resecton of prostate
- Turpentine
... see them all »
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text:
Each year, many FGCU students present research at national, regional, and state honors council conferences. Honors students should visit the sites of these organizations to find information about past and future conferences. If you have research that you would like to present, please contact Dr. Sean Kelly at firstname.lastname@example.com.
National Collegiate Honors Council
Southern Regional Honors Council
Florida Collegiate Honors Council
Research Experiences for Undergraduates
The Chimpanzee and Human Communication Institute
Internships in Biology (link from Columbia University)
American Mathematical Society's Link to Internships
US Department of Justice Internships and Programs
Science.gov Resources for Internships
For business related internships, please contact Dr. Wells at email@example.com
For communication related internships, please contact Professor Moniz at firstname.lastname@example.com
More to come!
These scholarships are major opportunities. If you are interested in any of these, please contact Dr. Kelly at email@example.com as soon as you know that you are interested. It often takes a student several years of preparation to become competitive for these opportunities, so early planning is a must.
Florida Campus Compact Excellence in Service Award
Frank Newman Leadership Award for Students
Kelly Walsh (FGCU Recipient 2011)
Carnegie Endowment for International Peace
Jack Kent Cooke Foundation (March)
DAAD (Varies)
FBI/INTERPOL (Spring Deadline)
Cady Walker (FGCU Recipient. 2009)
Ford Foundation Predoctoral Fellowships (November Deadline)
Fulbright Scholarship (September Deadline)
Gates Cambridge (October deadline)
The Benjamin A. Gilman International Scholarship Program (April and October)
Goldwater Scholarship (January)
Hertz Foundation (October)
INTERPOL Internship (International)
Javits Fellowship (October)
James Madison Memorial Fellowship (March)
Marshall Scholarship (October)
Mitchell (October)
Mossel Bay Marine Lab Internship
Camila Avila (FGCU Recipient. 2010)
National Science Foundation (November)
Thomas R. Pickering Foreign Affairs Fellowship Program (February)
Rhodes Scholarship (October)
The William E. Simon Fellowship for Noble Purpose (January)
Paul & Daisy Soros Fellowship for New Americans (November)
Truman Scholarship (February)
Udall Scholarship (March)
For study abroad information at FGCU, please visit the Office of International Services and Study Abroad


text:
Julie Kilgore Lee of Ingalls IndianaUpdated December 21, 2005 |
Julie a Kilgore Lee firstname.lastname@example.com |
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I am currently researching Kilgore's in Southern Ohio. I have information dating back to the 1700's on father's mom's side of the family which would be Rivers.Hubert Adams Kilgore, John Kilgore,Claudia Middleton Kilgore Plummer, and any others. I am also researching Singer's. They would be my husbands mother's family.Tinette Marie Singer Lee |
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