Domestic Violence Laws in Thailand

Domestic violence is not only a crime, but a serious social problem that should be adequately addressed by normal civil and criminal laws. The criminal law only allows for the imprisonment or punishment of the offending parent for assault without any consideration for the effects to the family. In addition, the civil law is often useless in a case involving domestic violence committed by a parent. In 2007 (2550) the Thai government passed the Domestic Violence Victim Protection Act which not only protects the victims of domestic violence, but also seeks to punish and reform the offenders. The law allows applications to be made directly to the Court in cases involving domestic violence. The Court is able to make orders that specifically address to the individual facts of each particular case.

Under the Domestic Violence Victim Protection Act  any person who commits an act of domestic violence is said to commit an offence of domestic violence and shall thereby be liable to imprisonment for not more than six months, or a fine of not exceeding six thousand baht or both.

"Domestic violence" means any act done with the intention to or in the manner likely to cause harm to the body, mind or health of a family member or to exert coercion or immoral influence over a family member in order to wrongfully cause him to do, not to do or yield to any act, but not including an act done negligently.

"Family member" means a spouse, a former spouse, a person cohabiting or having cohabited with another husband and wife without civil marriage, a child, an adopted child, a member of a household, as well as any person counting on and living in a family.

An offence under the Act is compoundable which means an offender may also be charged with any relevant offence under the Criminal Code or other laws. For example, should the domestic violence also constitute an offence of causing bodily harm pursuant to section 295 of the Criminal Code the offender may also be charged with that offence.

If the Court finds the offender to be guilty of committing domestic violence, instead of punishing the offender, the Court may “apply certain measures of reformation, treatment or correction to him, may direct him to pay an amount of relief money, carry out community service or refrain from the acts giving rise to domestic violence, or may place him under a peace bond, subject to the procedure and period of time determined by the court.”

"Court" means the Thai Juvenile and Family Court.

"Relief money" means preliminary compensation for the loss of any money or property incurred by a domestic violence victim in consequence of domestic violence, including the loss of earnings, medical expenses, expenses for new residence and other necessary expenses.

A domestic violence victim or a person finding out or becoming aware of an act of domestic violence has a duty to inform a competent authority who is required to take action under the Act.

When the information made is provided in good faith, the informant shall be protected and shall incur no liability, whether civil, criminal and administrative.

The information may be made orally, in writing, by telephone, by electronic means or by any other means.

When a competent authority becomes aware of an act of domestic violence or receives the information he shall be empowered to enter the relevant residences or scenes of action and inquire the person committing the act of domestic violence, the domestic violence victim or other persons present thereat as to the facts concerned. The competent authority shall also have the power to arrange medical examinations and treatments for the victim and direct the victim to take counsel with a psychiatrist, psychologist or social worker. If the victim wishes for a prosecution, the competent authority shall extract his complaint in pursuance of the Code of Criminal Procedure. If the victim is unable or had no opportunity to complain in person, the competent authority shall enter a complaint on his behalf.

"Competent authority" means a person authorised by the Minister to take action under the Act and includes an administrative or police officer under the Code of Criminal Procedure.

What should you check if you are buying land or a house in Thailand

Due Diligence when buying real estate in Thailand

Due Diligence is a term usually reserved in Western countries for systematic investigation of businesses or business transactions before entering into to them so as to ensure that the business proposition is a sound one and that there will be no unexpected consequences in proceeding.

In Thailand in relation to property law it is a term that is often used to describe the process in Western countries known as investigation of the title of a vendor of a real estate property so as to be satisfied that the purchaser will obtain a good and marketable title free from defects in title and encumbrances.

In pursuing due diligence in respect of the proposed purchase of a real estate property in Thailand one would normally expect that the following matters would be investigated and that a prospective purchaser would be satisfied with the outcome of those investigations so as to be confident of obtaining a good and marketable title to the property to be purchased . An experienced property lawyer can provide these services.

Land Documents and Title Status

1.      The first step to be undertaken in investigation of a title on behalf of a foreign purchaser is for the title deed to be translated into English, or the foreigners own language, so that it can be fully understood by the prospective purchaser.

2.      A full title search needs to be undertaken at the relevant Land Office so as to ascertain the nature of the title (Nor Sor 4 Jor (chanote), Nor Sor 3 Gor, Nor Sor 3, Por Bor Tor, etc) and what rights attach to it. It is necessary to check whether the title deed was legally issued, particularly when the original ownership document was not a title deed, but a lower level of document.

Chronology of Ownership

3.      In Thailand the system of title is similar to the Torrens Title first established in Australia. The title deed is the basis of title and usually, on the back of the deed, is a history of transactions that have occurred during the course of ownership. This will give important information as to the background of the title and its history. If necessary searches can be undertaken of documents disclosed in this list. This should verify the chain of the ownership of the land.

Legal Encumbrances, Leases or Other Rights Registered Over the Land

4.      The title search will also establish whether there are any mortgages registered or any other encumbrances, lease, obligations, charges, easements (called servitudes), claims, powers of attorney, caveats or any right registered against the land. Copies should be obtained of these. Under Thai law, all mortgages, easements, servitudes, and other encumbrances created over land must be made in writing and registered with the Land Office where the immovable property is located in order to be valid.

Thai law requires that a lease of immovable property for more than three years must be written and registered by a competent official. If the duration of the lease is three years or less, it is not registered with the Land Office, but it must still be made in writing.

This section of the due diligence report will state whether the land is leased to any other person for more than three years or whether there are any other tenancy rights (usufructs or right of benefit, superficies, habitation rights, etc.) which may affect the purchaser’s right to use the land. A contract to lease immovable property is not extinguished by the transfer of ownership. Therefore, the transferee is entitled to the rights and is subject to the duties of the transferor contained in the lessee.

Litigation

5.      It should be ascertained whether there had been bankruptcy proceedings against the owner, and whether there any court orders or proceedings pending which might affect the title.

Zoning, Building Control Regulations, and Environmental Regulations

6.      In Thailand, land use is regulated under the City Planning Act for residential, industrial, agricultural, environmental and cultural protection, or other purposes.

7.      Additionally, the construction of a building must be in compliance with the relevant rules, regulations, and notifications issued under the laws governing building control and the environment, as well as other relevant laws.

Therefore, this section of the report is meant to provide the buyer with the current zoning, building control, and environmental regulations that cover land use and building construction, so that you will be informed of whether the land can be used and built upon, as intended. It will confirm whether the buildings constructed on the land have been properly granted a construction permit and other requisite permits. Enquiries should be made as to the permitted use of the land to the relevant zoning requirements and whether the current use of the land including construction of improvements complies with local requirements.

8.      If anyone else other than the vendor will is occupying the land enquiries should be made as to the basis upon which they are occupying the property and the nature of their rights, if any

9.      Any drainage problems on the land or subsidence? If necessary expert opinion should be obtained.

Legal Access

10.   A physical inspection of the property should be undertaken so that an assessment can be made as to access issues and the like and these can be followed up with enquiries of local authorities Enquiries should be made as to the connection of the property to utilities such as electricity, water, telephone and like and as to whether those connections passed through adjoining properties or a directly to publicly owned land.

11.   Enquiries should be made as to whether there is legal access to the property whether by way of access to public roads or by way of registered easement, called servitude in Thailand.

12.   Are there any problems with the local residents, noise nuisance or other disturbances from surrounding land, or problems with access to the land?

Official Assessed Price

13.   IA check should be made at the Land Office in respect of land taxes, the registered value of the property as determined by the last transfer.

On-Site Survey

14.   In the case of a chanote there will be a survey plan of the land attached to the title blue. This may also be the case in Nor Sor 3 titles but they may not have been fully survey. In addition the land survey does not provide any guarantee that improvements have been erected within the boundaries of the property. If there is any doubt as to this a qualified surveyor should be retained to carry out an identification survey.

Caveat Emptor and Other Matters (not strictly Due Diligence Issues)

15.   The Latin maxim, caveat emptor, “let the buyer beware”, is a basic legal principle in the sale and purchase of all the property including immovable. It means simply that where property is sold, unless the contract provides otherwise, it is sold as is and subject to all physical defects that may be apparent from a proper inspection of the property. The words, UK the property has inspected. The prudent purchaser will therefore ensure that he undertakes a full and proper inspection of the property and where necessary retain experts in building, engineering pest extermination or otherwise to advise him or her as to the physical condition of the property. This is not a matter for due diligence but simply a matter of common sense

16.   If anyone other than the vendor will is occupying the land enquiries should be made as to the basis upon which they are occupying the property and the nature of their rights, if any

17.   Any drainage problems on the land or subsidence? If necessary expert opinion should be obtained.

18.   If the property is being purchased from a Thai limited company a full company search should be carried out with the Department of Business Development so as to ascertain the structure of the company and whether the persons contracting with you at power to act on behalf of the company.

19.   If anyone else other than the vendor will is occupying the land enquiries should be made as to the basis upon which they are occupying the property and the nature of their rights, if any

20.   Any drainage problems on the land or subsidence? If necessary expert opinion should be obtained.

21.   Are there any problems with the local residents, noise nuisance or other disturbances from surrounding land, or problems with access to the land?

Purchasing from a Property Developer

Buying a property from a developer in a housing estate should be somewhat safer but this is no excuse not to rigorously checking the title. There are however other matters that should be considered when purchasing from a property developer. These include:

1.      If the property is being purchased on an “off the plan” basis that it needs to be established whether the developer is also the builder and whether separate contracts need to be entered into with each of them.

2.      The contract, or separate contracts if necessary, needs to fully set out the terms and conditions of the agreement and attach a copy of the plans and specifications for the home and, essentially, contain all the usual provisions which would be contained in a building contract. The type and quality of materials to be used should be specified in the contract or its addendum. Appropriate warranties and conditions precisely setting out the obligations of each of the developer and builder should be set out.

3.      Check compliance with the requirements under the Land Allocation Act.

4.      Check the Environmental Impact Assessment approval report (if applicable).

5.      Have any building permits been issued? If yes, under whose name?

6.      Does the developer have a Housing Development License? Under what kind of sales structure is the project is sold? How long has the developer been developing properties in Thailand? What is the registered share capital? Which construction company has been contracted to build the houses? Can you instruct an independent building surveyor to inspect the building upon completion? How many houses are being built in the project? Could a new construction in the neighborhood change the value of your property? For example, you buy a condominium for its view on the sea and a future project comes to block it.

7.      Will the developer connect the land to public utilities? Will you have to pay for separate meters or connect all utilities yourself?

8.      Will the developer take care of the registration of the house in the foreigner's name and the house registration booklet (Tabian baan)? Will there be a lease agreement, usufruct, servitude or superficies added at the transfer of the property?

9.      If the property is sold under a leasehold structure, who will be responsible for payment of building and land taxes?

10.   Will the land, including the common land, be delivered free any encumbrances, mortgages other liens?

11.   When is the property to be completed? What will happen if the completion of the property is late? What penalties apply?

12.   Who will be responsible for transfer or registration fees? It can be the buyer, the seller, 50-50% or otherwise.

13.   What services will be provided? How much is the monthly or yearly maintenance / service fee in the project? How will this be calculated? Does this decision rest with the house / plot owners? Remember that this can have an impact for many years.

14.   Is it possible to cancel the contract? If so, will the deposit be refunded?

Yam Som O

Yam Som O (ยำส้มโอ) - Thai Pomelo and Prawn Salad

Yam Som O is the epitome of the classic Thai dish. It has the finely balanced flavours of sweet, sour, salty and spicy with the uniquely Thai fruit, the Som O, along with Thai chili jam (nam prik pao), the ubiquitous Thai fish sauce, shredded fresh coconut, coriander, Thai shallots, palm sugar, lime juice and lemon grass. It is a fabulously refreshing summer salad that can be served as a main dish with a few simple accompaniments. The Som O or Pomelo is one of the largest citrus fruits in Southeast Asia. Ripe Som O has an only slightly acidic taste not like the grapefruit we know in Australia. The rind is very easy to peel off and it has some great health benefits as well.

Apart from ingredients we had in the kitchen or grow at home we purchased from the local fresh Thai market the Som O $1, 300g green prawns $2.80, bunches old coriander and mint 40, each and 20g freshly shredded 20c, total $4.60.

Serves 2

Preparation time: 2 glasses of Sauvignon Blanc or I large beer Chang

Ingredients:

One large Som O (ยำส้ม) peeled and cut into separated segments making sure there is no pith. This is so easy to do – forget about trying to segment oranges for crepe suzette.

300 g sautéed or cooked medium sized prawns peeled (gûng กุ้ง)

4 tbsp dry roasted shredded coconut (má~práao มะพร้าว)

4 tbsp dry roasted peanuts or cashews (mét má~mûuang-hǐm-má~paan เม็ดมะม่วงหิมพานต์)

2 tbsp fried crispy chopped Thai shallots (hɔ̌ɔm-dɛɛng grɔ̀ɔp หอมแดงกรอบ)

½ cup coriander leaves (nám-bplaa น้ำปลา)

½ cup mint leaves (sà~rá~nɛ̀ɛ สะระแหน่)

Ingredients for Dressing:

½ tbsp fish sauce (nám-bplaa น้ำปลา)

1 tbsp palm sugar (nám-dtaan น้ำตาล)

2 tbsp lime juice (nám má~naao น้ำมะนาว)

1 ½ tbsp roasted chilli jam (nám-prík-pǎo น้ำพริกเผา)

1 tbsp finely chopped lemon grass (soft part only) (dtà~krái ตะไคร้)

In a dressing bowl, add roasted chili paste, lemon grass, palm sugar, fish sauce and lime juice. Stir well.

In a mixing bowl, add Som O, prawns, fried shallots, roasted shredded coconut and peanuts, coriander and mint leaves and toss with dressing.

Garnish with kaffir lime leaves and sliced red spur chili.

Cooking Note

To fry shallots, peel the skin off and thinly slice. Heat 2 tbsp of cooking oil in a frying pan over low to medium heat. Add shallot and fry until golden brown. Set aside and discard the oil. Or just use the readymade ones available at any good Asian grocery store.

Usufructs in Thailand – a trust by any other name

Foreigners are forbidden from owning land in Thailand by the Thai Land Code. There are number of exceptions to this rule (eg: investment of 40 million baht, BOI approval).  Notwithstanding the rule against foreign land ownership there are ways in which a foreigner can secure the right to occupy land and/or houses for a significant term or for the foreigner’s life. A Usufruct agreement can secure the right to possess and enjoy a property without being the full owner. And it is entirely legal.

Origins

A Usufruct is a real property or real estate right that originates from Roman law. Under Roman Law a wife had very limited rights to own property and, in particular, real estate owned by her husband. To remove this injustice the right of usufruct was created under Roman law. A usufruct interest gave the wife of a Roman citizen the right to occupy real estate during her lifetime and typically the property would then pass to their children. The concept of a usufruct interest has been adopted under the Thai Civil and Commercial Code.

What Is a Usufruct Agreement?

The word Usufruct comes from the Latin words “usus” (meaning the use or possession of) and “fructus” (meaning fruit). So it can be seen that a Usufruct gives the person holding that interest (called a usufructuary) the right to use and occupy the house and/or land for the term of the Usufruct or for the life of the usufructuary. If you think that sounds like what is called a trust in Western law and your right. The Usufruct is nothing more or less than a limited trust.

Usufruct contracts are governed by sections 1417 to 1428 of the CCCT. A Usufruct is a right granted by the owner(s) of the land/house in favour of a Usufructuary in which this person has the right to possess, use and enjoy the benefits of immovable property (section 1417 CCCT). The Usufructuary also has the right to manage the property (sect 1414 CCCT). It can be on a piece of land, on a house or on both of them.

Besides possession and enjoyment of the property, the Usufructuary has also the legal right to use and derive benefits from the property that belongs to another person, as long as the property is not damaged. “Fruit” should be understood not only in its natural meaning (fruits, livestock, etc) but also its legal meaning (rent, etc.).

Section 148 of TCCCT defines what can be the legal fruits in Thailand: “Legal fruits denote a thing or interest obtained periodically by the owner from another person for the use of the thing; it is calculated and may be acquired day by day or according to a period of time fixed.”

So if you have a Thai wife or girlfriend she can buy a parcel of land and grant to you a usufruct interest in the land for free. You then have the right to enjoy the use of the property. You can require her to leave the property. You can lease the property and receive the rents. A Usufruct can be for a specified term, of up to 30 years or it can be for the life of the usufructuary but terminates on his death. But the term of the life interest is NOT restricted to a 30 years maximum. In addition if you decide to build on this land, it is possible for you be the full owner of the buildings and constructions. A usufruct interest is a very valuable and strong property right.

In Thailand, a Usufruct can be created for a limited time (5 years, 10 years, etc.) or the life of the Usufructuary (see Section 1418 TCCCT). If no time has been fixed, it is presumed that the Usufruct is for the life of the Usufructuary. In such a case, the Usufruct ends at the death of the Usufructuary.

THE USUFRUCTUARY CAN LEASE THE LAND/HOUSE

A Usufructuary has the right to enjoy, use and possess the land. He/she is acting like the real owner but cannot sell or destroy the property as he/she is NOT the full owner. However, he/she can transfer rights on the land/house to a third party. Even if the Usufruct will end at the death of the Usufructuary (or a fixed period of time), the Usufructuary can lease the land to a third party and this second agreement will NOT end when the Usufructuary dies as determined in Supreme Court ruling 2297/1998: "the lessor does not have to be the owner of the property". In this way, the Usufructuary can grant a thirty year lease to a third party. In this way, you could pass on your rights to your children or other relatives even after death if the lease was entered into before daeth. Do not forget that all leases over 3 years must be registered at the Land Office and taxes have to be paid.

Registration

By decision of the Supreme Court of Thailand, all Usufruct agreements must be registered to be valid (Supreme Court decisions 6872/2539). Once registered at the Land Office where the title deed is located, the Usufructuary’s interest will be recorded on the title. After registration, the land/house can only be sold provided the buyer respects this Usufruct. This is why it will be difficult for the owner to sell the land/house after a Usufruct is registered as nobody wants to buy a property in which they could not live. But be aware that Land Offices in Thailand have different rules and requirements. Most Land Offices will ask to see the usufructuary’s passport and visa. A translation of the passport might also be requested. They will also ask the usufructuary to provide his/her father’s and mother’s name. Some Land Offices will only register a usufruct between married couples even though the law does not require the parties to be married.

The land (title deed) must unencumbered in order to register a usufruct. That means a usufruct cannot be registered on land that is mortgaged. The mortgage needs to be discharged or the Usufruct registered after discharge of the mortgage. Bear in mind however that it may not be binding in the meantime against third parties. 

Copyright . All rights reserved

Right of Superficies

Right of Superficies

The right of Superficies is a European Civil Law concept that has been incorporated into the Commercial and Civil Code of Thailand (CCCT). The relevant law is set out sections 1410 and 1416 of the Code.  A right of superficies is a real estate interest or real right that attaches to immovable property (real property). It is not a personal property right the effect of which is that ownership of the underlying property can change hands but the superficies right remains on the title in the same way as does a mortgage if not discharged on transfer of title.

A right of superficies may be granted by the owner of real estate in favour of another person, whether foreign or Thai. The person who granted such a right is called a superficiary. A right of superficies is a right to own buildings, structures and improvements erected upon or under the land (Section 1410). A right of superficies can be transferred to another person or can be passed to the heirs of a superficiary on his or her death unless otherwise specified in the agreement (section 1411). A right of superficies may be granted to own building and structures upon land for a fixed term of up to a maximum of 30 year or for the life of the superficiary or for the life of the owner of the land.

It is common to find right of superficies added to a lease agreement on the land with both contracts having the same term. As in the case of leases renewals of superficies contracts are permitted.

In order to be valid a superficies agreement must be registered and upon this being done the identity of the superficiary will be recorded on the title.

As in the case of usufructs, superficies can be granted for valuable consideration or without consideration. If a monetary consideration is stipulated then a tax of 1.1% on the total consideration for the full term is payable to the Land Office at the time of registration.

Lanna Lawyers

99/107 Soi 10 Laddarom Elegance Payap                          

Middle Ring Road

T. San Klang A. San Kamphaeng 

Chiang Mai 50130 Thailand

Phone:                    +66(0)849047797

Email:                     lannalawyersu@gmail.com

Blog:                      http://thailandintrigue.blogspot.com/

Living Wills in Thailand

A "Living Will", is what is known in Australia as an Enduring Guardianship Appointment. It is not in fact a Will at all. A Will operates as from the time of the testator’s death and sets out the testator’s testamentary wishes as to the disposal of his or her property after death.

A "Living Will" on the other hand allows a person to decide in advance what medical care and treatment they will receive if they ever become unable to specify those wishes themselves. For example, you can designate whether you wish to be kept on life prolonging machines if there is no longer any hope that you will recover from an accident or long-term terminal medical condition, whether or not you want food or hydration, whether or not you want medication to make you more comfortable and other decisions of this nature.

The Thai Civil and Commercial Code makes no provision in relation to Living Wills. Living Wills were first recognised in Thailand in the Health Act in 2007.  

That Act provides in Section 12: “An individual is entitled to make a Living Will expressing that person's intentions to refrain from receiving medical treatment for the purpose of extending the last phase of their life or for ending the suffering arising from the illness.

The Living Will should be based on the principles and regulations of the Ministerial Regulation.  Public Health officials acting in accordance with provisions in a Living Will "are not conducting themselves improperly and will not be held responsible."

The regulation was signed on 6 October 2010 by the Prime Minister of Thailand and came into effect on 20 May 2011.

A living Will does not allow mercy killing or euthanasia.

A "Living Will" in Thailand, must comply with following conditions:

- The person making the Will must be at least 18 years of age

-The Living Will must specify the date of the Living Will and all information about the person making the Will (full name, address, Thai ID, contact number, etc.).

- The Living Will must indicate which health care the Willmaker does not wish to receive and all information related to intentions about health care.

- It must be signed by the person making the Will and 2 witnesses. The witnesses should print therefore names addresses, ID card number is and relationship to the Willmaker. It is preferable that the witnesses not be beneficiaries under the Willmaker’s estate.

- The writer of the Will, if not the declarant, must be specified.

Lanna Lawyers                                       

99/107 Soi 10 Laddarom Elegance Payap (Q House)

Middle Ring Road

T. San Klang A. San Kamphaeng Chiang Mai 50130 Thailand

Phone:                    +66(0)849047797

Email:                     lannalawyersu@gmail.com

Blog:                      http://thailandintrigue.blogspot.com/

Grilled Beef Salad with Jim Jaew sauce (Yam Nʉ́ʉa Yâang Nám-jîm jaew - ยำเนื้อย่างมน้ำจิ้มแจ่ว)

In Thai, khao (ข้าว) is rice and khua (คั่ว) is to dry roast or dry fry in a pan with heat, but no oil.
The rice in khao khua (ข้าวคั่ว) is sticky rice (khao nǐiao ข้าวเหนียว), which is then dry roasted, and finally ground into a coarse powder. As an ingredient, khao khua acts as a thickener, gives a crunchy texture and adds a smoky roasted flavour to dishes. 

You can use any frypan or a wok, and heat to medium. Once the frypan is hot, add the 1 cup of uncooked sticky rice (with no oil), and just dry roast it, stirring continuously until fragrant and golden yellow in colour. Allow to cool then grind the rice into a coarse powder in a mortar and pestle or coffee grinder. It can be stored for up to a couple of weeks.

Serves 4 

INGREDIENTS
Jim Jaew Sauce (นํ้าจิ้มแจ่ว)
¼ cup thinly sliced Thai shallots
¼ cup finely chopped coriander leaves
⅓ cup fish sauce
1 lime
2 teaspoons palm sugar 
1 tablespoon of khao khua (ข้าวคั่ว) see above
2 to 3 small fresh red Thai (bird’s eye) chillis, or to taste, seeded and minced 
600g eye filet beef
Ground black pepper
Olive oil
Salad 
4 green shallots cut into 1/2-inch pieces
1/2 cup packed fresh coriander leaves, washed well and spun dry 
½ cup finely chopped fresh mint leaves
¼ cup thinly sliced Thai shallots
1 seedless cucumber sliced
6 cherry tomatoes halved

METHOD
Make Jim Jaew sauce by combining fish sauce, lime juice, palm sugar, coriander leaves, challis and Khao Khua in a bowl. Adjust the flavour balance to taste with more fish sauce, lime juice, or sugar, if necessary. The sauce should be sour and salty.
Cut filet horizontally to form 4 approximately 1-inch-thick pieces. Rub both sides of each piece with black pepper pressing it into meat and dip in olive oil.
Grill beef on hot barbecue 3 to 5 minutes on each side for medium-rare. Allow beef to rest wrapped in foil. Cut beef across grain into very thin slices.
Toss salad ingredients in a bowl and dress with a small amount of the Jim Jaew sauce thin slices.
Garnish beef with coriander sprigs and serve with salad sticky rice and individual bowl of Jim Jaew sauce for each diner.