Land law Essay Essays

Land law Essay Essays Land law Essay Essay Land law Essay Essay Essay Topic: Law Tasnim claims that she has an option to buy the freehold in both cottages for the current market price. She wants to exercise the option now and has produced a document, signed by Romesh and herself, dated 7 April 2006. When Salman spoke to Tasnim prior to his purchase of The Franklins she said nothing about this option. Salman is unhappy at the prospect of selling the cottages. He does not need the money and might well want them for his children when they get older. Advise Salman whether he can be forced to sell the cottages to Tasnim? Covenants in leases created post 1996 are governed by the Landlord and Tenants (covenants) Act 1995, the principal changes introduced by the Act relate to the continuing liability of the landlord and the tenant through covenants, which will run with the lease. While the Act operates to release the tenant of liability under the covenants in the lease after it has been assigned, it does not work in the same way insofar as the landlord is concerned upon an assignment of the reversion. He will remain liable for the covenants unless he is released from them.1 From this we can deduce that the obligations of the old landlord transfer to the new landlord after he has purchased the land. S2 (1) states that the Act applies to a landlord covenant or a tenant covenant of a tenancy, and whether the covenant is express, implied or imposed by law.2 From this we can see that it is likely that the agreement between Tasnim and Romesh giving her an option to buy the freehold may suffice in being a covenant. Section 6 of the Act allows landlords to be released from the covenants of the previous landlord. To obtain a release, he must within 4 weeks of the assignment, serve a notice on the tenant informing him of the assignment and seeking a release form the covenants. If the tenant does not respond within 4 weeks of the service of the notice, the landlord will be released from the covenants.3 If Salman had exercised this option when he purchased the land then he would not be in his current predicament. The tenant can refuse to release the landlord from the covenants; however in this case the matter can be referred to the Courts to determine if such a refusal is reasonable. It is likely that if this had happened that the Courts would have found in Salmans favour and said that it would not be reasonable for him to be bound by the covenant to sell the freehold at its market value to Tasnim. If however the covenant between Romesh and Tasnim was expressed to be personal one then the burden of these covenants will not pass onto Salman. S3 (3) states that the new landlord will not be bound by a covenant, which was personal to the previous landlord. The issue of how to distinguish whether a covenant was personal or not was tackled in the case of BHP Petroleum Great Britain V Chesterfield Properties Ltd 2002, the question arose whether a landlord was entitled to be relieved of his liability for covenants which were expressed in the lease to be personal obligations of the land lord, in holding that he was not, Jonathan Parker LJ said the crux as we see it is the definition of landlord as being the person for time being entitled to the reversion expectant on the term of the tenancy. We find it impossible to find that definition meaning only the original landlord'4 From the above case we can see that if in the agreement the covenant between Tasnim and Romesh was expressed, as being a personal one then the burden will not pass to Salman. If, however, Romesh made the covenant in his capacity as landlord then the burden will pass to Salman. The above seems very unfair; one may ask the question why a new landlord should be bound by the promises of the previous landlord. However, caveat emptor or buyer beware is a long established principle in English land law. It is the buyers prerogative to ensure that the land he is buying is free of covenants, or at least that he is aware of the covenants that affect the land. It is the duty of the buyers solicitor that he carries out all relevant searches and enquiries to make sure he makes the buyer aware of his rights and his obligations contained in the covenants. If Salmans solicitor failed to look into relevant matters then he can make a claim of negligence against him. It is stated that Tasnim did not tell Salman of the agreement she had with Romesh before he purchased the property. Tasnim was not under a legal obligation to supply Salman with information because she was not a party to the contract. Despite the principle of caveat emptor the seller is obliged to supply the buyer with all the relevant information regarding the land. If it is found that Romesh deliberately hid his covenant with Tasnim from Salman, then he could be guilty of fraudulent misrepresentation under contract law. It seems apparent that Salman can be forced to sell the cottages to Tasnim because covenants made by previous landlords bind subsequent landlords. If he was aware of the covenant he could have been released from it, the method of doing this has been highlighted above. If, however, the covenant was personal i.e. it only applied to Romesh then Salman cannot be forced to sell. If Salman feels that his solicitor was negligent he can bring a claim against him. If he believes that Romesh deliberately mislead him then he can then he can make a claim against him under the principles of contract law. The remedies available to a tenant for a landlords breach of covenant are damages and specific performance amongst others. So the Court can order Salman to sell the cottages to Tasnim, however I fell the most likely outcome is damages if he refuses to sell the cottages to Tasnim, this seems equitable under the circumstances. Our case can also be seen as overriding interest where Salman brought a legal Estate in Land which has Registered Title, he will not be bound by any third-party interests in that land, unless they are noted on the register, or are deemed to be overriding. Some interests are overriding because it would be unreasonable to expect their owners to register them, particularly where they are obvious. Others were made overriding to relieve the administrative burden on the Land Registry, which is a less creditable reason in these days of computerisation. Under the Land Registration Act (1925) the list of accepted overriding interests was defined in s.70 (1). This provision has now been repealed, and replaced with Schedules 1 and 3 of the Land Registration Act 2002. Schedule 1 applies to interests that are overriding when the land is registered for the first time, while schedule 3 applies when the land is subsequently sold. Overriding interests in Sch. 3 are narrower in scope than those in Sch . 1, and both are narrower in scope than the 1925 legislation. In our case Tasnim is in Actual occupation where a person is in actual occupation of land that she does not own serves to make her rights stronger against a person to whom the owner wishes to sell the land. Her occupation does not, in itself create rights where none existed before, it merely makes whatever rights she has overriding, that is, enforceable against the new owner, even if they are not registered. This article compares the actual occupation rights under the Land Registration Act 1925 with those under the LRA2002. Section.70(1)(g) of the 1925 Act states that the interests of persons in actual occupation of land, or in receipt of the rents or profits thereof, are overriding, unless enquiries are made of the right-holder, and the rights are not disclosed5. That is, these interests are capable of being enforced whether or not they are noted on the Register. The 1925 Act does not distinguish between interests that are capable of overriding first registration of the land, and those that override subsequent registered dispositions. As a result, it must be assumed that s.70 (1)(g) rights are enforceable, to the extent that they enforceable at all, against the first registered owner of an estate in land, as well as later owners which would be Salman in our case. If Tasnim seeks to rely on paragraph (g) she must show not only that the interest she claims is within its scope, but that she is in `actual occupation or `in receipt of rents or profits of the cottages for the purposes of that paragraph. She will lose the overriding status of his interests if she fails to disclose those interests when requested by a purchaser, but is otherwise under no obligation to make disclosure6. Where we can see in our case she has lost the status of overriding interest as she did not mentioned to Salman before he purchased the Franklins, she also had the time to tell him when he spoke to her directly before making the purchase person can lose his rights under paragraph (g) if he fails to disclose his rights when inquiries are made7. This is ruling was developed from the case of Hunt v Luck. The LRA 2002 provides that the person claiming an interest should have a right in the land. A right in the sense of a legal right and also has actual occupation8. It is already established that Tasnim has a legal right and actual occupation but however Tasnims claim could fail instantly according to LRA 2002 schedule 3 (2)(b) which states that a persons interest will not be enforceable if enquiry of that person was made before disposition and that person failed to disclose the right when he could reasonably be expected to have done so. If she had told Salman about her option to buy before he purchased the estate it would have then been enforceable as an overriding interest where she has actual occupation. In Ferrishurst v Wallcite 1998 the Court of Appeal decided that the capacity in which a person occupied land was distinct from the rights he held in that land. In that case, the tenant of an office building had an option to purchase his landlords title to the office, and also to an adjacent garage. The Court decided that the option was enforceable against the purchaser of the garage, even though the claimant had never physically occupied it. As of the ruling in Hunt v Luck and statutory implementation I feel Tasnim cannot use her overriding interest by actual occupation of the cottages to buy them as she did not make her option to buy known to Salman the new owner of the estate.

Art in the Modern World essays

Art in the Modern World essays Confusion or Understanding ...That All Depends Modern art can either bring unity and coherence into a fragmented modern world by introducing something that other human institutions fail to do, or it can present tragedy and suffering in an unforgiving light, adding more confusion to the situation. Modernist writers like W.H. Auden seemed to try to uphold the idea that works of art can and should provide unity, coherence, and meaning. Yet, with the evolvement of modernism in the 1930s and 1940s, Dylan Thomas tended to present tragic situations in his poems, often giving way to more disjoint and uncertainty. As major figures in the progressive modernization of literature, both Auden and Thomas moved away from apparent objectivity, a theme once standardized by previous literary figures, and toward subjectivity. While other writers of the era conveyed modern ideas in form and style, such as William Faulkners multiple narrators and stream-of-consciousness format displayed in The Sound and Fury, Thomas and Auden radiated modern tho ught through their ideas and subject matter. Both Thomass The Hunchback in the Park and Audens Musee des Beaux Arts send a clear message to the reader that art can exist in the modern world; however, for each poet, it exists in two entirely different manners. For Thomas, modern art moves away from plain objectivity and towards impressionism and subjectivity, often leaving the reader engrossed in confusion and disjoint. In contrast, Audens idea of art in the modern world surfaces as an attempt to bring unity and coherence into an otherwise fragmented, suffering modern world. It is all too common for modern literary works from the 1930s and 1940s to exude human suffering, and Thomass The Hunchback in the Park is no different. Thomas opens a window into one mans world, letting the reader get a glimpse of a hunchbacks daily life li...

E-Learning, the Possibilities of Replacing Traditional Learning Dissertation - 1

E-Learning, the Possibilities of Replacing Traditional Learning - Dissertation Example This dissertation is intended to find the possibilities of replacing traditional learning with E-learning .Such study is important in order to find or know the more suitable learning environments for the students and what skills they need in order to fulfil the E-learning course they are taking. Also, to know what are the advantages and disadvantages that the student believes that may affect his/her E-learning course, and do they have the responsibility and the self motivation to complete there on line course or assigned target within the specified time window. A survey was conducted with 22 questions to investigate the possibilities of totally replacing E-learning with the traditional classroom learning. The results reveals that some of the students are unfit in such kind of learning techniques as they do not have the kind of self-obedience to gain knowledge by mean of internet. It is also essential for the e-learners to obtain some kind of e-learning guidance before undertaking the course to avoid issues related with the technology. The findings from this dissertation provide evidence that although E-learning can be at least as effective as traditional classroom learning under certain situations, we are not in a position to claim that E-learning can replace the traditional classroom learning. ... requires more maturity and self-discipline from students than traditional classroom education, which may explain the higher dropout rates in e-learning programs compared to conventional programs. Nevertheless, we believe that e-learning is a promising alternative to traditional classroom learning, which is especially beneficial to remote and lifelong learning and training. In many cases, e-learning can significantly complement classroom learning. E-learning will keep growing as an indispensable part of academic and professional education. Key Words: e-learning, online course, traditional learning, environment, motivation, teaching and learning. Introduction Besides the technological development and boom in internet services and courses, traditional learning is still prevailing and students opt for traditional learning over the e-learning. The present study highlights the advantages of e-learning courses over the traditional learning process. The arrival of information technology, has made life easier and communication is on the fast track. It has eliminated the distances and thus one can utilize time to learn various other subjects that are beyond the scope of books. It is a convenient way of teaching and learning as it could be carried out in the classroom or outside the class. According to Fry (2000), "Delivery of training and education via networked interactivity and a range of other knowledge collection and distribution technologies". According to Wild, (2002), "The creation and delivery of knowledge via online services in the form of information, communication, education and training". According to Bleimann (2004), "e-learning is a self directed learning that is based on technology, especially web-based technology, thus e-learning is a collaborative learning".

Applying The Western Model Of Government On Countries Around The World Essay

Applying The Western Model Of Government On Countries Around The World - Essay Example If in the West the non-fulfillment of such standards are interpreted to basically indicate government failure, applying the same Western model in assessing another country's government would also require the same standards to be met in order for that government to be deemed successful. In the Western model of Democracy, for example, due process of law, respect for human rights and individual liberty, and the general population's participation in the democratic electoral process are among the standards that have thus far been raised by the Western school of thought to measure a country's level of democracy. When non-Western Democratic countries and governments, therefore, fail to provide adequate evidence that these specific standards are being met, these countries risk immediately being condemned by the global society as undemocratic. Organizations and individuals insisting on the application of Western models of government and the implementation of Westerns standards deduced from such models have thus been quick to condemn any and each country that have failed to meet these Western standards. Repressive regimes that fail to meet Western standards of Democracy, and who have a history, for example, of human rights violations, staggering judicial systems, and a weak electoral process, have thus been pressured in numerous instances to reform and meet these Western standards in order to gain the acceptance and approval of the dominant West. To be sure, the notion that a universal set of standards can be deduced from Western models of government and applied indiscriminately to all countries in the World, rests on some very thin assumptions-that there is only one path towards the development of a specific form of government, and that a country's progress down this path is but a naturally occurring process, one that is not influenced by internal and external factors. We can see these assumptions more clearly for what they are if we investigate the global movement towards Democracy. The application of a Western model of Democracy for all countries, for example, presumes that a country's progress towards democracy is a naturally occurring phenomenon, one that is dictated upon by a single process and occurs naturally without regard for a country's socio-political status nor influenced by any external and internal forces. Basically, this means, that countries would generally develop into democracies as they progress regardless of any internal and external pressure or movement. This has largely been disproved by numerous studies, most notably, an examination conducted in 1996 which showed that 58 out of the 61 democratic countries that were studied became democratic unnaturally and that democratic progress was as a matter of fact induced by way of economic sanctions and conditional aid that demanded for democratic legislation. (Whitehead, 1996) With today's governments leaning decisively towards Democracy and democratic forms of governance, the implementation of a universal model of democracy-one that is produced and upheld by the dominant West-presumes that for a country to successfully implement and uphold a democratic form of

Evaluate costa customers service approach through observation and a Assignment

Evaluate costa customers service approach through observation and a Mystery shop (report ) - Assignment Example The report outlines the â€Å"push and pull† theory as a method of addressing customer concerns; it further evaluates the validity of this approach in handling customer issues in modern day business environment that is getting increasingly competitive. This theory is applied in supporting my arguments that place customer care as a vital component of business processes. The relationship between good customer relationships and business success is explored with an aim of giving you the justifications for adopting a customer oriented strategy that contributes to overall business sustainability over time. Customer service training is vital in making the employees responsive to customer needs and in establishing it as part of the firm’s culture. If a firm owner wants to be successful in achieving the objectives set forth, then customer service is of paramount importance because positive responses increase client numbers. In Adam Smith’s basic theory of competition, he says that businesses need to be very involved in this initiative to satisfy individual customer needs. Clients treated in a humane way and in a respectful manner have a high chance of coming back to the premises. Costa Coffee is a business outlet in the hospitality industry; this is a highly competitive field with new shops opening at city corners every day (Brody, 2009)1. In order to remain competitive in this growing field, customer relationship building initiatives is therefore of vital importance to keep them coming. This is enhanced by offering them the best services at a reasonable cost and maintaining a feedback mechanism that ensures their specific needs are met. For instance, coffee is available in a variety of grades and types; we have the Arabica and Robusta coffee varieties which also have different tastes. Giving clients these brew options provides a one stop shop where different taste needs are met. We used

Arthurian and Grail Poetry Essay Example for Free

Arthurian and Grail Poetry Essay In 1871, Swinburne produced a new collection of poems which he entitled â€Å"Songs Before Sunrise†, which echoed a whole generation’s sentiments about Italy’s struggle for freedom. The poet’s stellar piece, â€Å"Hertha†, was yet another offering to the pagan altar upon which he worshipped. Hertha, the goddess of fertility, is written as the speaker of a dramatic monologue that aims to declare her superiority and immortality over the Christian God, a tactic Swinburne used to get the attention of the Victorian audience. He emphasizes, through Hertha, the significance and importance of Mother Nature over God, and provides line after line of physical representations of a â€Å"mother† that gives life and nourishment to her offspring, compared to a God who, in Swinburne’s logic, false and provisional. Also, by centering on the â€Å"body† of Hertha, Swinburne stays true to his established tradition of sensuality and passion. He ends the poem with Hertha saying â€Å"I am man†Ã¢â‚¬â€completing the ultimate pagan principle of man’s harmony and unity with nature. Swinburne’s most celebrated work, among his legendary pieces, is 1882’s â€Å"Tristram of Lyonesse†. A veritable triumph in the technical sense, the poem was skillfully written to feature long romantic couplets punctuated with a brilliant arrangement of vowel sounds, rhythm, and alliteration. Swinburne exposes his concept of passion masterfully in this tale of lovers who care for nothing else but their love, and would go to any length to keep the fire burning. Often referred to as Swinburne’s ode to the English dramatists, â€Å"Tristram† is, to this day, the most exemplary rendition of the English couplet. IV. Other Literary Accomplishments As much as Swinburne was known as an exceptional poet was his reputation as an excellent critic. From 1868, he managed to produce a number of volumes of literary criticism, with the best contained in Miscellanies and Essays and Studies. In this series, the genius and poetics of Swinburne are satisfyingly revealed and explored. He also published A Study of Shakespeare, in which he expressed his own great technical competencies and proficiencies in the areas of music and rhythm in poetry, by praising the iconic master of story, song, and technical excellence. It is quite apparent that Swinburne had intentionally limited his paganistic and atheistic principles to his poetry—the literary criticism that bears his name almost always stays firmly on the positive side, with nary a mention of technical or thematic shortcomings of the authors he discusses. With Swinburne’s passing in 1909, the Victorian society of England lost one of its greatest masters in lyric poetry, whose genius and brilliance were quite overflowing that he found it necessary to go against the tide, and stand by the least accepted constructs of society. V. Conclusion The question regarding Swinburne’s religious influences in his poetry has been clearly answered, and has validated the original logic proposed. There are indeed references to Christianity and traditional beliefs in almost all his poetry, which he strategically decided to use to disprove many of the paradigms established by the Church. With his declared propensity to explore the ideals of physical pain and pleasure, sexual passion, and excessive living, through a great deal of wit, sarcasm, and morbidity, the reading audience is left shocked and astonished way beyond their accepted levels. However, it takes one as talented as Swinburne to effectively realize the relationship between two opposing poles—Christianity and immorality—and use the commonalities to create an ideology that is all at once controversial and unacceptable, but also incredible and brilliant. Bibliography Apiryon, T. ‘Algernon Charles Swinburne’, The Hermetic Library, 1995, retrieved 12 July 2008 from http://www. hermetic. com/sabazius/swinburne. htm Bartleby, ‘The Rossettis, William Morries, Swinburne, and Others’. Bartleby. com, retrieved on 12 July 2008 from http://www. bartleby. com/223/0508. html Cymru, Gordd. ‘Arthurian and Grail Poetry’, Celtic Twilight, 2000, retireved 12 July 2008 from http://celtic-twilight. com/camelot/poetry/swinburne/index. htm Representative Poetry Online, ‘Selected Poetry of Algernon Charles Swinburne (1837- 1909), retrieved on 12 July 2008 from http://rpo. library. utoronto. ca/poet/319. html Sawhney, Paramvir, ‘Gestalt Paganism in AC Swinburne’s Hertha’ The Victorian Web, 2006, retrieved on 12 July 2008 from http://victorianweb. org/authors/swinburne/sawhney9. html Thomas, Edward, ‘A Modern Bacchant’, The New York Times, 29 December 1912.

Essay --

The Juvenile Justices System: How Does It Really Work For Our Girls? Girls become delinquent for many different reasons then boys based on biological, social and cultural differences in each gender. From hormones and brain development, to the child’s upbringing by families, to the way girls are expected to act in public compared to boys; a different set of circumstances exists for the reasons why girls become delinquent compared to boys. Siegel, (2007, p.174) explains this by stating. â€Å"There are indications that gender differences in socialization and development do exist and that they may have an effect on juvenile offending patterns.† Girls react differently to most situations, so it’s important to take gender into consideration when evaluating a youth’s past. For example, peer and romantic relationships often have opposite effects on young girls and boys. While boys are less likely to be involved in criminal activity when in a romantic relationship, girls tend to commit more offenses. Girls are also more likely to be afflicted with mental health disorders than boys, because of the numerous differences between male and female juvenile offenders, the ways that they need to be treated should be different as well. According to a study done by the Girls Justice Initiative, 89% of the 118 attorneys and 61% of the 97 judges interviewed across the county agree that girls in the juvenile justice system do not receive adequate services. This report offers best practices starting from how to communicate with girls when first enter to the juvenile justice system to how to best serve them after they leave in ord er to reduce recidivism rates and address the circumstances that led to their incarceration. (Bolton, 2012) Boys an... ... family time, have an open and honest communication line and never be afraid or embarrassed to seek out aid from professionals in your school, community and neighborhood. By doing some of these little things, you prevent the negative socialization that can lead to deviant behavior, at the same time you will model good behavior and keep those biological and psychological factors at bay so that you have time to deal with issues before they become real problems. As the current information exists, both boys and girls are racing towards delinquency faster and faster and though it may be a tie between the genders, the girls may be pulling in front of the boys. In any event, there are way too many participants in the race and we as parents and members of society need to help in reducing the number of racers in the sprint towards juvenile hall and ultimately adult prison. Essay -- The Juvenile Justices System: How Does It Really Work For Our Girls? Girls become delinquent for many different reasons then boys based on biological, social and cultural differences in each gender. From hormones and brain development, to the child’s upbringing by families, to the way girls are expected to act in public compared to boys; a different set of circumstances exists for the reasons why girls become delinquent compared to boys. Siegel, (2007, p.174) explains this by stating. â€Å"There are indications that gender differences in socialization and development do exist and that they may have an effect on juvenile offending patterns.† Girls react differently to most situations, so it’s important to take gender into consideration when evaluating a youth’s past. For example, peer and romantic relationships often have opposite effects on young girls and boys. While boys are less likely to be involved in criminal activity when in a romantic relationship, girls tend to commit more offenses. Girls are also more likely to be afflicted with mental health disorders than boys, because of the numerous differences between male and female juvenile offenders, the ways that they need to be treated should be different as well. According to a study done by the Girls Justice Initiative, 89% of the 118 attorneys and 61% of the 97 judges interviewed across the county agree that girls in the juvenile justice system do not receive adequate services. This report offers best practices starting from how to communicate with girls when first enter to the juvenile justice system to how to best serve them after they leave in ord er to reduce recidivism rates and address the circumstances that led to their incarceration. (Bolton, 2012) Boys an... ... family time, have an open and honest communication line and never be afraid or embarrassed to seek out aid from professionals in your school, community and neighborhood. By doing some of these little things, you prevent the negative socialization that can lead to deviant behavior, at the same time you will model good behavior and keep those biological and psychological factors at bay so that you have time to deal with issues before they become real problems. As the current information exists, both boys and girls are racing towards delinquency faster and faster and though it may be a tie between the genders, the girls may be pulling in front of the boys. In any event, there are way too many participants in the race and we as parents and members of society need to help in reducing the number of racers in the sprint towards juvenile hall and ultimately adult prison.