Monday, May 25, 2020

Transportation in Elizabethan England Research Ppr Essay

Woodward Academy Quotation Notebook Spring Semester, Second Quarter Huston T. Collings English 8H-2 March 29, 2010 Collings 1 Transportation is one of the most important parts of society today and even five hundred years ago. In Elizabethan England, travel was very basic, just feet, hooves, and wheels on cobblestone streets (Singman 86). Ships were also very important to travel and colonization, for England is an island nation (Time Life Ed. 132). Many towns were put on navigable rivers just to make travel easier because many people in this time used rivers and oceans for transportation and sometimes delivery of goods (Singman 85). The most important components of transportation in Elizabethan England†¦show more content†¦When they needed to move troops across sea or fight wars on water, the king or queen â€Å"collected a navy from port towns that owed [them] ships as part of their feudal service and from merchants who leased [them] their trade vessels† (Wagner 205). Commercial ships of the time would mainly carry a few guns, and war ships were very similar except they were narrower, and some of the larger ones could get much bigger than any commercial ship (Singman 90). Most ships had three masts, but some could have one or two and were made for trade. There were hundreds of names for different ships including pinnaces, Collings 4 barks, and galleons. A merchant ship of about one hundred feet would have exceeded two hundred tons of carrying capacity. Most English ships were built in England, but some were acquired from abroad by purchase, capture, or legal seizure (Friel). Whenever a person had to travel across seas, there were no passenger ships so one would have to rent passage on a cargo ship. All ships were very slow if traveling by sail and would only go about four to six knots (Singman 90-91). Queen Elizabeth changed the boats for warfare and made them platforms for large guns instead of platforms for troops (Wagner 206). Life at sea was very hazardous. A person aboard a ship was always at risk of a pirate attack, a Spanish attack, and disease. Bigger ships were much better at surviving an attack because they had more guns and men. As for

Monday, May 18, 2020

Essay I Have a Gambling Problem - 2238 Words

I Have a Gambling Problem Professor’s comment: This student’s essay is well researched, strongly analytical, and seriously personal. But the essay did not begin as a personal essay—far from it— from major rewriting emerged this fascinating and very effective essay, in which social and personal analysis intertwine. Hi, my name is ______ and this is my first GamAnon meeting. I am nineteen years old, and I started gambling in junior high, $5 bets with friends. In high school, craps and deuces were the craze. The teachers had no idea. Then I started playing the lottery, hoping to hit the jackpot. Age never really mattered since the vendor never asked to see ID. In my first year of college, I started wagering on sporting events through†¦show more content†¦What led millions like me to start gambling? Psychologists and psychiatrists provide the traditional and widely accepted explanation: individuals are driven to gamble by certain personal psychological factors. This explanation, however, was applied to pathological gambling well before the recent surge of the 1970s; therefore, while this explanation may explain why any given individual may become a pathological gambler, it cannot explain why so many people became pathological gamblers during this time period. Other non-psychological chang es must have facilitated increased gambling: technological advancements, new modes of communications, increased media coverage, and other societal factors. The Pathological Gambler The severity of the gambling problem varies; pathological gamblers must be distinguished from recreational gamblers —such as those who occasionally purchase a lottery ticket. The American Psychiatric Association defines pathological gambling as â€Å"chronic and progressive failure to resist impulses to gamble, and gambling behavior that compromises, disrupts, or damages personal, family, or vocational pursuits† (APA 324). Pathological gamblers characteristically become preoccupied with gambling—gambling with increasing amounts of money, trying to win back past losses—ultimately leading to personal and financial ruin. These characteristics, alongShow MoreRelated Gambling Addiction Essay1116 Words   |  5 PagesGambling Addiction   Ã‚  Ã‚  Ã‚  Ã‚  Gambling addiction is an issue found in numerous areas where gambling is legal. People who are addicted to gambling, also know as problem gamblers, face many health risks including depression, suicidal thoughts, loss of sleep, loss of appetite, migraine and anxiety in addition to marriage breakdown, problems at work and bankruptcy (9). About 2 percent of adults are thought to be problem gamblers (1). In today’s society this costly addiction is not often considered toRead MoreGambling1554 Words   |  7 PagesIntroduction Gambling Addiction and Problem Gambling To some people gambling is just a waste of time and money but to some it can be a winning streak. Back then in the 1970s 30-55 years old was the typical age that most people gambled but now the typical age is 17-70 years old. In the United States the legal age to gamble is 21 in most casinos and in some Indian casinos the legal age is 18. There are many ways to gamble there are casinos, online gambling and even home gambling with family or friendsRead Morelegalizing gambling983 Words   |  4 Pages Legalizing Casino Gambling in Texas Persuasive Speech Outline Legalizing Casino Gambling in Texas Specific Purpose Statement: To persuade my class about why legalizing casino gambling in Texas is for the better. Thesis Statement: Legalizing casino gambling in the state of Texas would enhance society and will be beneficial for the entire state. Organizational Pattern: Problem-Solution Introduction I. Did you know that gambling generates more revenue thanRead MoreShould Internet Gambling Be Illegal?1191 Words   |  5 PagesGambling in the United States has become more than a pastime in casinos because the internet has been adapted to include online gambling. Also, gambling previously has been exclusive to adults; yet, more and more teenagers are participating in the worldwide phenomenon of fantasy sports. Personally, I have never found gambling appealing because I think that it is a waste of time and money. As it is, gambling has become a problem and will continue to grow unless something is changed. There are numerousRead MoreIs Teenage Gambling a Problem in Canada?1034 Words   |  5 PagesGambling has become one of the major components in Canada’s entertainment industry. Not only has gambling become popular among adults, but it has also gained popularity among teenagers. The various types of gambling include lottery or scratch cards, card games such as blackjack, bingo and gambling machines. Gambling can affect an individual both mentally and physically. Some of the harmful effects of gambling include experiencing depression, isolation, loss of sleep, stress related problemsRead MoreEssay about Gambling599 Words   |  3 Pages Gambling has effected many people I know in a negative way and the problem is getting increasingly more serious due to the large amount of young adults who are starting to gamble. Teenagers often face routine warnings about drugs and alcohol but Not about gambling. Gambling is highly addictive, and compulsive gamblers have the same symptoms an alcoholic or a person addicted to drugs would have with their addiction , when someone is addicted to gambling they have a brain disease that is chemicallyRead MoreEffects Of Gambling On College Students861 Words   |  4 Pages Gambling is the activity or practice of playing a game of chance for money or other stakes. Activities that are considered gambling are betting on sports and races, lotteries, card games like blackjack and poker, and casino games like slots and roulette. Bingo and raffles are technically gambling, but there are no major concerns about them, so they are not included here. Though gambling is legal within many states, it is does not make it right for people to engage in such activitiesRead MoreEffects Of Gambling On College Students861 Words   |  4 PagesGambling is the activity or practice of playing a game of chance for money or other stakes. Activities that are con sidered gambling are betting on sports and races, lotteries, card games like blackjack and poker, and casino games like slots and roulette. Bingo and raffles are technically gambling, but there are no major concerns about them, so they are not included here. Though gambling is legal within many states, it is does not make it right for people to engage in such activities. This is especiallyRead MoreBenefits Of Gambling Among College Students1147 Words   |  5 PagesGambling Among College Students Gambling is risking money or something of value on uncertain events driven by chance. Most people see gambling as just another form of fun. Gambling often becomes a sensitive issue for the gambler and their family. This is especially important to consider, since the practice of gambling among college students is constantly growing with the rise of internet-based gambling.Though gambling is legal in many states, it does not make it right for people to engage in suchRead MoreInquiring Into The Social Assignment1586 Words   |  7 Pages Inquiring into the social – Assignment 1 Draft Summary In today’s modern society there have been numerous advances in the way we live our day to day lives. These advancements have not only changed the way we operate but have inadvertently shaped our younger generation into a more hybrid form. Gambling has always been seen as a chance to win more money at the expense of one’s wallet. Yet it is often that individuals are prone to losing more rather than gaining, which has affected many by sending

Thursday, May 14, 2020

The Land Registration Act 2002 and its Impact on Interests in Land - Free Essay Example

Sample details Pages: 11 Words: 3210 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Don’t waste time! Our writers will create an original "The Land Registration Act 2002 and its Impact on Interests in Land" essay for you Create order Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind a purchaser.[1] The first thing to ascertain when dealing with any piece of land is which system of conveyancing is to be applied. And it is clear in the scenario that the land is registered.[2]The purchaser will want to know whether any third parties have rights to the land which might interfere with the intended use of it. Concern about these matters will lead the purchaser to make extensive enquiries before the purchase of the estate is finally concluded.[3] A. Legal leases not exceeding seven years constitute overriding interest and this falls under schedule 3, Para 1 of LRA 2002. Short legal leases are specifically excluded by Para 1 from the category of short leases which override registered disposition. That includes leases which are to take effect in possession more than three months after the date of grant.[4] Polly comes to the cott age after Alisha brought it but Polly was given the lease the previous year. And since Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t find any belongings in the cottage before buying we can assume that Polly returned after a year to take possession. In that case Sec.4 (1) (d) applies which makes the lease not an overriding interest. Because such leases mean that there is a real risk that the purchaser might buy the estate without discovering that it is subjected to a lease when the tenant is not necessarily in possession of the land. In such scenarios we can conclude that only the facts matters. And if Polly wants her legal lease to be protected knowing that she wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be in possession of the cottage for some time she should have made a notice[5] in the register about her lease. But certain interests cannot be protected by notice[6] , one such case is when the lease doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t exceed more than three years, interest under a trust of land or restrictive covenants. Sin ce Pollyà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease is for four years it can be entered into the charges register. The fact that an interest is the subject of a notice doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t mean that the interest is valid. However, if the interest is valid, the notice ensures both that it binds any purchaser for valuable consideration[7] , and he knows about it before he takes the estate.[8] It is therefore much safer to protect such interests by notice. Once such an entry has been made the interest losses its overriding status[9] , but of course binds a disponee for valuable consideration. B. It is essential to remember that, it is the rights of the occupiers that bind purchasers and not the occupation itself. The claimant must always prove two elements: actual occupation and an interest in land. In National Provincial Bank v Ainsworth[10] it was held that deserted wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s equity to be a mere personal right against her husband; her occupation made no difference.[11] Ju dges have regularly emphasized that the question of whether a party is in actual occupation is essentially a question of fact. Lord Wilberforce stated that[12], à ¢Ã¢â€š ¬Ã‹Å"It is the fact that matters and what is required is physical presence on the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã¢â€ž ¢ this was stated in Abbey National v Cann. In LRA 2002 Schedule 3 , Para 2 if occupation is established but the interest claimed was not known to the purchaser , the question will then be whether the occupation was obvious on reasonable inspection of the land.[13] Wilma daily comes home even for a short while and it is very much unclear whether Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t notice that. And the wedding photograph is good evidence to the fact that Wilma may have a share in the land. A thorough search should have taken place in such risky matters which Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t. The question is Wilma not being present permanently in the cottage because she was looking after her sick mother which was clearly defined by the case of Chhokar v Chhokar[14]in relation to LRA 1925 were a similar situation has being dealt with. The court of appeal said that it had no difficulty in holding that she was in occupation at the date, and went on to describe her right in the property as an overriding interest. The effect of temporary absence is now being considered by the courts in Link Lending Ltd v Bustard.[15] Occupation of Wilma was obvious enough through the inspection even if Alisha didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know about it. This means that provided the occupation is discoverable, the disponee may still be bound by an interest of which she doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t know ( Malory Enterprises Ltd v Cheshire [2002] )[16]Nevertheless in Kingsnorth Finance Co Ltd v Tizard[17] provide that there was actual occupation even when the wife was divorced she visited every day to look after her children. Although she was not living there her daily activities might be regarded as sufficient to justify the result. The facts are all important in such a case.[18] The result in Chhokar seems clear, but what if the seller had removed all evidence of the wife. Like in the scenario it is unclear whether Alisha sees possessions of Wilma other than the wedding photograph before sale. And since Bob lies about a divorce Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim might be stronger in such a circumstance. The purchaser has a statutory defence to an overriding interest if inquiry is made of the occupier, but the rights are not disclosed.[19] This is a clear hint to a purchaser as to what should be done. Those in actual occupation must be discovered and then asked what their interests are. In practice and in the scenario they tend to rely on the sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢s information. This might be convenient but gives no protection. And when Alisha identified the wedding photograph she should have been careful enough to ask the occupier what their interests are rather than w hether she is present or not. This is because there is no need for overriding interest to be the source of the actual occupation.[20] The scenario doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t state that Wilma and Bob are divorced so this matter can be taken under Family Law Act 1996, s31 (10), that where one spouse or civil partner owns the family home, the other spouse has a right not to be evicted if already in occupation and a right with a leave of the court to enter and occupy if not already in occupation. And this lasts as long as the marriage continues. Under Sec.31 Wilmaà ¢Ã¢â€š ¬Ã¢â€ž ¢s home rights constitute a charge on the estate or interest of Bob and will bind Alisha in the property for valuable consideration if they are protected by a notice on the register of the title. This acts as an exception to overriding interests and thus binds Alisha. C. Easements and profits can be created expressly or impliedly by granting another person a right over oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s land or by r eserving a right over land which one is transferring to another person.[21]Only legal easements are now capable of overriding the register. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[22] which held that both legal and equitable easements were overriding within 1925 scheme. But if somehow the deed is registered it loses its overriding status. We can assume that Maxwellà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim satisfy the requirement for a valid easement as laid down in Re Ellenborough Park.[23]A valid easement can be created by prescription which is long use of land and under Sec 2 of the Prescription Act 1832. The use for many years of a right which is capable of being an easement can create a legal easement by prescription.[24] Prescription arises if an easement has been used openly, as of right, without permission and continuously by one fee simple owner against another, provided that the right could have legitimately been granted by the landowner.[25] Maxwell does use the path openly and even notify Alisha of his right and say he has been using it for any years. It is somewhat unclear whether the prescription is by lost modern grant. Finally, we can come to a conclusion which interests bind Alisha and which does not. The legal lease of Polly doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t bind Alisha since thereà ¢Ã¢â€š ¬Ã¢â€ž ¢s lack of physical presence and notice as explained. But the share of Wilma does bind Alisha since she has some equitable rights towards her share of the property. And finally the easement will also bind Alisha through the Prescription Act 1832. Critically examine the rationale for the continued existence of interests which override. à ¢Ã¢â€š ¬Ã…“Overriding interests are important and controversial because they contravene the most basic registration principle: they bind purchasers despite not being entered on the Registerà ¢Ã¢â€š ¬Ã‚  Roger Smith, Elements of Land Law (Pearson Longman 2007) I n a sense overriding interests are rather like à ¢Ã¢â€š ¬Ã‹Å"trump cardsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the registered land system, taking automatic priority to any rights which are subsequently acquired by a person in the land. Not only that, but they can also lead to alteration of the register with no compensation being payable to the purchase. Little wonder then that a former Chief Land Register referred to them as à ¢Ã¢â€š ¬Ã‹Å"a stumbling blockà ¢Ã¢â€š ¬Ã¢â€ž ¢.[26] When compulsory title registration was introduced, the aim of its creators was to simplify conveyance by placing all the essential information about an estate in land on a register. Thereafter a purchaser intending to buy the land will only have to look up at the register in order to discover all what he needed to know about the property.[27] A major difficulty arose from the category of à ¢Ã¢â€š ¬Ã‹Å"overriding interestà ¢Ã¢â€š ¬Ã¢â€ž ¢. The original notion of land registration was that the register would provide a complete record of the title, so that the purchaser will be able to buy it with minimum or other enquiries or inspections.[28] The fundamental principle behind registered land is the mirror principle, which is to reflect accurately and completely and beyond all argument the current facts that are material to a mans title. Overriding interests represents the greatest breach in the mirror principle. They were not accidentally created but rather deliberately done by the legislature and given automatic effect precisely because they should be obvious to any prospective purchaser or their enforcement is too important to depend on registration.[29] On the other hand the curtain principle is perhaps the most ambitious motive behind the origin 1925 Act and it remains a key principle under 2002 Act. The aim is to keep certain types of equitable interests off the register completely. As Williams and Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland shows, if the curtain is not raised the purchaser can easily be bound by such equitable interests. This problem clearly involves striking a balance between protection of the purchaser and protection for the occupier of land and it arose largely due to social and judicial changes.[30] Paragraphs 1 to 3 of Schedule 3 cover three types of interests which were overriding under LRA 1925. They are short leases, rights of persons in actual occupation and easements and profits. Schedule 3, Para 1 shortens the length of a lease from not exceeding 21 years to not exceeding 7 years. And in the future it can reduce to 3 years with the effect of e-conveyancing[31]. The reason why these leases override is that it would be unreasonable to expect short leases to be registered and if they were the register would be cluttered up by them. Under the 1925 Act anyone with proprietary right in property and also in actual occupation could claim an overriding interest. In Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank v Boland in 1981 defined actual occu pation as à ¢Ã¢â€š ¬Ã…“It is the fact of occupation that matters and what is required is the physical presence in the land and not some entitlement in lawà ¢Ã¢â€š ¬Ã‚ . However, Schedule 3 of LRA 2002 has reduced the extent to which these interests can bind a purchaser on subsequent registration of title so that a purchaser will not be bound if the occupation would not have been obvious on a reasonable inspection of the land at the time of the disposition. Under LRA 1925 s.70 (1) (a) all legal easements and profits and certain equitable easements[32] were overriding. But this wide category was reduced by LRA 2002 under Schedule 3, Para 3 where only legal easements by prescription or implied easements and profits were overriding. The LRA 2002 effectively reversed the controversial case of Celsteel Ltd v Alton House Holdings Ltd[33] which held that both legal and equitable easements were overriding interests within the 1925 scheme. Under LRA 1925 Sec. 70 (1) (f) a squatter could obtain title after 12 years adverse possession.[34] The new rules introduced by LRA 2002 apply to any squatter who had not completed the 12 year imitation period before the Act came into force on 13th October 2003. The rules are designed to protect the rights of the registered proprietor, and as a result the squatterà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of acquiring title to land are greatly reduced by the new scheme.[35] Finally local land charges override but they should be discovered by a local land charges search carried out before purchase. Moreover other interests, such as chancel repair liability will cease to override on 13 October 2013. Thus the à ¢Ã¢â€š ¬Ã‹Å"snap shotà ¢Ã¢â€š ¬Ã¢â€ž ¢ is becoming more accurate.[36] Why do we have them? At one time it was argued that the register replaces the title deeds and that the registration system should not protect purchasers in respect of interests not generally found in title deeds. Although this seems correct as historical exp lanation[37], the law commission has rejected it as an approach fit for the modern law. Their view is that, à ¢Ã¢â€š ¬Ã…“In the interest of certainty and of simplifying conveyancing, the class of right which may bind a purchaser otherwise than as the result of an entry in the register should be as narrow as possible but à ¢Ã¢â€š ¬Ã‚ ¦ interests should be overriding where protection against purchasers is needed, yet it is either not reasonable to expect or not sensible to require any entry on the register.à ¢Ã¢â€š ¬Ã‚ [38] They are also difficult to discover on an inspection of the land.[39] Not surprisingly the 2002 Act is working towards either minimizing or abolishing some overriding interests but has not yet worked out a strategy to eradicate them once and for all.[40] To make them lose their rights would contravene Article 1 of the First Protocol of ECHR. Active promotion of the advantages of registering interests could work in favor of both the purchaser and the ben eficiaries of these rights. Times have changed and the importance of moving on cannot be underestimated.[41] This surely illustrates the deepening of the crack in the mirror principle of registered land. In order to narrow the crack, the class of overriding interests may be made more certain by narrowing the class. On the grounds of public policy, there will perhaps always be interests which will need protection against the purchaser, where it will be unreasonable to register the interests. Therefore, the extent of the crack can never really get away from third- party interests, which is just as important as having quicker and cheaper conveyancing. Until legislation makes clear specifications on what particular interests can qualify, the concerns of overriding interests will remain. Bibliography Textbooks Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) Journal Articles Matthew Roach, the end is nigh for Overriding interests -Or is it? [Summer 2013 ] 2 Stewart-Wallace , principles of land registration, p 32 Online resources Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015 Statues Land Registration Act 1925 Land Registration Act 2002 Prescription Act 1832 Limitation Act 1980 Cases Bakewell Management Ltd v Brandwood Celsteel Ltd v Alton House Holdings [1985] Celsteel Ltd v Alton House Holdings Ltd [1985] 1 WLR 204 Dewan v Lewis [2010] EWCA Civ 1382 Kingsnorth Finance Co Ltd v Tizard [1986] 1 WLR 783 (Ch D) Link Lending Ltd v Bustard [2010] EWCA Civ 424 Malory Enterprises Ltd v Cheshire [2002] National Provincial Bank v Ainsworth [1965] AC 1175 Re Ellenborough Park [1955] 3 All ER 667 Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] 1 [1] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 53 [2]If one is not sure whether a registration has been made it can be found out by making an à ¢Ã¢â€š ¬Ã‹Å"index map searchà ¢Ã¢â€š ¬Ã¢â€ž ¢ which will tell you whether the estate has been registered. Further details may be obtained by making a full search of the register, which since 3 December 1990, can be done without the consent of the estate owner. [3] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 38 [4] S.4 (1) (d) [5] The Act defines a notice as à ¢Ã¢â€š ¬Ã‹Å" an entry in the register in respect of the burden of an interest affecting a registered estate or chargeà ¢Ã¢â€š ¬Ã¢â€ž ¢ S.32(1) [6] S.33 [7] S 32(3) [8] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 106 [9] S 29(3) [10][1965] AC 1175 [11] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 254 [12] Williams Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland [1981] [13] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 118-119 [14] [15] [2010] EWCA Civ 424 [16] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [17] [1986] 1 WLR 783 (Ch D) [18] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 115 [19] Sch3 Para 2b [20] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 264 [21] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 111 [22] [1985] 1 WLR 204 [23] [1955] 3 All ER 667 [24] The role of this doctrine was summarized in Dewan v Lewis [2010] EWCA Civ 1382 [25] Bakewell Management Ltd v Brandwood [26] Roger J Smith,Property Law(7th, Pearson Education Limited, 2011) 251 [27] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 86 [28] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Pres s, 2014) 86 [29] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 10 [30] ibid [31] The introduction of e-conveyancing will have tremendous significance for the operation of the registered title system. It will only remove the gap between execution and registration which , as we have seen , can cause problems , but will also reduce very considerably the number of interests which can be created à ¢Ã¢â€š ¬Ã‹Å"off the registerà ¢Ã¢â€š ¬Ã¢â€ž ¢. [32] Celsteel ltd v Alton House Holdings [1985] [33] [1986] 1 WLR 512 [34] Even if the squatter is no longer in possession at the date of disposition. [35] Judith-Anne MacKenzie,Textbook on Land Law(15th, Oxford University Press, 2014) 141 [36] Martin Dixon , Gerwyn LL H Griffiths and Emma Lees, QA Land Law (8th, Routledge, 2013) 21 [37] Stewart-Wallace , principles of land registration, p 32 [38] Another important factor permeating the changes introduced by LRA 2002 is the ex tent to which a purchaser may be expected to discover these interests without making extensive inquiries. à ¢Ã¢â€š ¬Ã…“Because overriding interests bind transferees of the land even though they are by definition, not protected on the register, they are widely acknowledged to be potential source of difficulty in registered conveyancingà ¢Ã¢â€š ¬Ã‚  The law commission report no254 1998 [39] Examples include rights of an occupier of land, a lease for a term of less than seven years, profits a prendre (fishing rights or shooting or hunting rights). [40] The rights of persons in actual occupation present formidable challenges for reformists and it is this area of law that professionals must work on to find a conducive solution. [41] Mangala Murali, Overriding Interests à ¢Ã¢â€š ¬Ã¢â‚¬Å"a conundrum of English Land Law (Law Brief Update October 10, 2012 ) https://www.lawbriefupdate.com/2012/10/10/overriding-interests-a-conundrum-of-english-land-law/ accessed 1/12/2015

Wednesday, May 6, 2020

The Effects Of Organized Youth Sports On Children

Organized youth sports are one of the most popular activities in the US and have been for many years. There are approximately 45 million children who play youth sports. [Merkel] This number translates to about 75% of families have at least one child who participates in an organized sport. [Gajula] The most common reasons for children choosing to play a sport are to: have fun, learn new skills, and make new friends. The reasons for parents placing their child in sports are so: their children can compete against others, receive a challenge and strive to be better, and to set winning as a goal for sports and for life. Other important benefits are building good character, obtaining confidence and high self-esteem within themselves, earning respect and leadership roles and skills, acquiring assertiveness, and learning how to deal with conflict. Sports help children build good character or serve as a building block for good character. Many life lessons are taught through experiences while playing a sport. The challenges in life these children are going to face require discipline, earning and giving respect, and taking accountability for one’s actions. Children who play sports learn the physical, mental, and emotional rewards for these traits, or the consequences for the lack thereof, and get a taste of what the real has in store for them based on their decisions. Children learn that the choices themselves or another teammate makes affects the whole team. â€Å"A sign of wisdom andShow MoreRelatedBenefits Of Youth Sports : A Positive Impact On All Those That Participate1286 Words   |  6 PagesNovember 24, 2015 Benefits of Youth Sports Youth sports have a positive impact on all those that participate. Over seventy-five percent of United States families with school-aged children have at least one child who engage in organized sports. (Bailey, 1) Parents sign their children up for organized sports for numerous reasons, like, keeping their children fit and active, building a sense of teamwork, or others may be fulfilling their passion for sports through their children. Whatever the reason forRead MoreThe Importance Of Youth Sports838 Words   |  4 PagesSports, the everyday activity for youth in this generation was said to be emerged in as we rolled into the 20th century. Sport, an entertainment source for all is getting more recognized through organized youth sports. Moreover, over the time sport has become an everyday life routine for many families all over the world. Parents are enrolling their children into various sport activities to give their children an opportunity to learn something new every day. Socializa tion is very important for a child’sRead More The pressures between youth and its sports programs Essay1539 Words   |  7 Pages The Pressures Between Youth and Its Sports Programs nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;Over the last two decades the growth of youth sports has reflected the popularity of professional sports in our society. Sporting events and news are available to the public twenty-four hours a day on television and radio: sports is an enormous industry. The outstanding popularity of the sports industry has greatly affected youth sports organizations. In order to supervise, teach andRead MoreChildren and Sports Essay1053 Words   |  5 PagesChildren who participate in sports are developing rapidly in sports skills, sportsmanship, and psychologically, but does this come from organized sports are just nature’s process. Children develop emotional and social benefits from participating in sports. 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A Case Study of Kfcs Cross-Cultural Marketing in China

A Case Study of KFC’s Cross-cultural Marketing in China Summary: In 2007, KFC had opened 2000 outlet stores in china, leaving rival MacDonald’s far behind, achieving high praise from Chinese consumers and defeating challengers again and again. From the perspective of cross-culture, this paper tries to analyze the marketing strategy of the American fast food chain stores in china and give multinational food and beverage companies suggestions. Key words: KFC, fast food, cross-cultural marketing 1. KFCs success stories and their status in China In 1987, KFC entered the ancient capital of Beijing, China, which has a long food culture and the worlds largest population. KFC opened the first restaurant in at Qianmen of the downtown†¦show more content†¦As the media has a great impact on the public, crisis public relations to a large extent focus on the media. In the Sudan Red event, KFC held press conferences several times, even the low profile Sam Su, president of China Yum Group, specially went to Beijing to have lunch in KFC restaurant. Taking measure like this in a country where it is characterized by power distance was just to assure the consumers, which played a significant role in restoring consumers confidence. b. Finding the source to make consumers learn the truth In this incident, KFC on one hand reviewed its own supply chain management, on the other hand assisted relevant department to trace the source, and finally succeeded in finding the Sudan Red source. Despite still being questioned to pass the buck, KFC made the truth public, consumer sentiment quieted a lot. In such a country where a masculine tendency is apparent, people are prone to get to know the fact. Knowing it was not KFCs own problems, people put more spearhead to KFC’s suppliers rather than KFC. c. Admitting its own mistakes, using the authority to testify itself KFC issued a circular to announce the investigation of Sudan Red

Conflict Management Intergroup Conflicts and Intra-Group Conflicts

Question: Discuss about theConflict Management: Intergroup Conflicts and Intra-Group Conflicts. Answer: Introduction According to Rahim (2011), conflict management is an essential aspect of an organisation and involves increasing the positive aspects of a conflict while limiting the negative aspects of a conflict. The objective of conflict management is to promote learning as well as the group outcomes including performance and effectiveness in businesses. Properly managed conflicts improve group outcomes and act as a source of organisation competitive advantage. In organisations, there are three main types of conflicts which include personal conflicts, intergroup conflicts and intra-group conflicts (Ivancevich, Matteson Konopaske, 2006). This paper will illustrate the impacts of intra-group and inter-group conflicts and evaluate the different styles of conflict management approaches and recommend the style that perfectly applies to the case in hand. Discussion According to Rahim (2011), organisation conflict is a disagreement between groups or individuals within the organisation. These conflicts are influenced by various factors such as resource allocation, the overall direction of the organisation, division of responsibilities, and struggle for power among other factors. Thomas (2007) argues that in organisations, conflicts are seemingly unavoidable and it is necessary for the management to recognise the source of conflict, evaluate its destructive potential as well as its constructive potential, learn how to manage the conflict and implement appropriate conflict resolution strategies. Eunson (2007) claims conflicts have both positive and negative impacts. Positive impacts of conflicts include; acceleration of positive change, increase productivity and spurring creativity while negative impacts include unhealthy competition and decreased productivity. Group conflicts can be sub-dived into two sub-categories; intra-group conflict and inter-group conflicts. Intra-Group Conflict According to Eunson (2007), Intra-group conflicts refer to internal wrangles that exist within a group or a team. Minimal intra-group conflicts are healthy for the organisation but if unchecked could be detrimental. For example, an honest conflict between the group members on available alternatives could improve decision making, but misconceptions could generate negative feeling among the group members thus degrading productivity. In the argument of Wall and Callister (2005) intra-group conflicts in organisations are caused by scarcity of resources, position and power among other factors. Wall and Callister (2005) further argues that intra-group have positive impacts such as improved decision making, increased productivity, reduction in resources wastage, innovation, goal congruence, increased motivation and improved performance. However, it is important to ensure proper management of group conflicts within the organisation. Failure to effectively manage conflicts could have negative impacts on the organisation like wastage of resources and time, sub-optimization, reduced productivity and reduced performance due to stress Therefore, Intra-group conflicts should be encouraged to improve the performance and productivity of the group. As such, managers should encourage and create an atmosphere that promotes healthy intra-group conflicts. Inter-Group Conflicts Inter-group conflicts refer to the confrontations or disagreement between two teams or groups within an organisation (Collins O'Rourke, 2009). According to Collins and O'Rourke (2009), intra-group conflicts usually occur in two forms; horizontal strain and vertical strain. Horizontal strain involves conflicts between functions, for example, purchasing versus legal, production versus sales and engineering versus research and development. On the other hand, vertical strain involves conflicts between hierarchical levels in an organisation, for example, middle management versus supervisors and management versus union. These conflicts are caused by factors like incompatible goals and objectives, diversity, poor communication and unequal reward structure. These conflicts should be discouraged because they negatively affect performance and productivity. Conflict Management Approaches According to Wall and Callister (2005) it is essential to understand the impacts of conflicts within the organisation and to adequately manage conflicts with negative end up. According to Burton (2010), the following are the major conflict management approaches; First, Avoiding- it involves avoiding the confronting problem or communicating about the problem with the hope that the problem cedes. Second, accommodating- this approach emphasises on cooperation rather than assertiveness, it often occurs when the other party does not consider the alternative option as a major threat. Third, collaborating- it involves conflicting parties working together to resolve the conflict, and both parties have a win-win attitude. Four, confrontation- it involves a party placing their desires above those of all other parties involved in the conflict. However, if not properly handled, it could evolve into a more hostile situation. Five, compromise- it largely involves bargaining as a means of resolving conflicts. Parties to the conflict indentify some of their interests that they would be willing to compromise on to bring about a resolution. Compromise result in interim solutions in a situation where full resolution can not be achieved immediately. In this case, the conflict is between members of the management team. Collaborating would be the perfect conflict management approach because it would create an opportunity for the members of the management team working together to resolve issues and all the parties would end-up being winners. Collaborating is the best resolution approach because it provides a lasting solution because all the parties to the conflict are satisfied with the outcome. Conclusion In organisations, conflicts will always be present. Organisation conflicts could have both positive as well as negative impacts. It is the duty of the management to evaluate the conflicts and understand their impacts and implement appropriate strategies to address conflicts which could negatively impact on the organisation. Though there are various conflict management approaches, collaborating is one of the best conflict resolution style because it ensures a win-win situation for all parties and often results in a long-term solution. References Burton, J. W. (2010). Conflict: Resolution and provention (Vol. 2010). Macmillan. Collins, S. D., O'Rourke, J. S. (2009). Managing conflict and workplace relationships. Mason, OH: South-Western Cengage Learning. Eunson, B. (2007). Conflict management. Milton, Australia: John Wiley Sons. Ivancevich, J. M., Matteson, M. T., Konopaske, R. (2006). Organizational behavior and management. Bpi/Irwin. Rahim, M. A. (2011). Managing conflict in organizations. New Brunswick [NJ: Transaction Thomas, K. W. (2007). Conflict and conflict management: Reflections and update. Journal of organizational behavior, 13(3), 265-274. Wall, J. A., Callister, R. R. (2005). Conflict and its management. Journal of management, 21(3), 515-558.

Tuesday, May 5, 2020

Salvador Dails The Persistence Of Memory Analysis Art Essay Example For Students

Salvador Dails The Persistence Of Memory Analysis Art Essay The Persistence of Memory is a phantasmagoric landscape created in 1931 by the celebrated Spanish creative person, Salvador Dali. This oil painting steps 9 1/2 ten 13 inches, or 24.1 ten 33 centimeter and is on show at the Museum of Modern Art in New York ( MoMA ) . It has been displayed in galleries worldwide and is a symbol of Dali s work. The Persistence of Memory contains a light blue skyline, which easy fades downward from bluish to yellow across the top one-fourth of the picture. Under the skyline sits a organic structure of H2O, or what looks to be a big lake or a reflecting pool. The organic structure of H2O hints the skyline until it interacts with neighbouring mountains to the right. In forepart of the mountains there is solitary pebble. On the left stopping point to the H2O, Dali places a brooding, bluish, elevated, rectangular platform with dark brown paring around the borders. Placed in forepart of this platform, there is another individual pebble. A exanimate tree with a hollow top, is in forepart of it, losing all of its foliages and subdivisions but one. The individual subdivision holds a silver pocket ticker which appears to be runing on the terminal of the subdivision demoing the Numberss three through nine. Merely one manus of the ticker is shown, indicating at the 6. The tree is located on top of a light brown square object that looks desk-like. The brown object takes over the bottom left corner of the picture, and even goes off the canvas. On this object there are two more pocket tickers shacking. One of them is gilded and melted, hanging half manner off the light brown regular hexahedron. The custodies of the gold ticker are stopped at five of seven and there is a fly on the face near the 1 oclock grade. The fly is besides projecting a really little shadow, which is shaped more like a human. The other pocket ticker is bronzy and shut. The outside of the pocket ticker is covered with a drove of black emmets. Unlike the other redstem storksbills, this is shut, and the lone 1 that is non warped or melted of the four. The land in The Persistence of Memory is a dark brown that about turns black in certain countries. On it lies a white figure on its right side with another silver-colored thaw clock on its dorsum. The white figure is human-like, with over emphatic big ciliums. It has a what looks to be a trade grade Salvador Dali mustache and lips where superciliums would be on a human face. Its olfactory organ is flared and has another little brown object coming out of the right anterior naris. The white figure has no limbs or other human-like features. The remainder of the scenery around the white figure is dark and wastes. The Persistence of Memory uses the basic elements of art including a overplus of lines, values, forms, signifier, colourss, and texture ( Glatstein ) . The lines that Dali uses in the picture vary on the form which he is working with. Most of the picture contains lines that are comparatively thin and similar in breadth, with the exclusion of the mountains, and the ciliums of the white figure. The lines on the mountains are noticeable, and give them a unsmooth realistic attack. On the white figure Dali uses different lengths and breadths to make individualism in each cilium. He besides makes everything detailed down to the really last emmet on the bronze ticker. The lines that make up the tickers are so elaborate that they even show each figure on the faces. The usage of lines besides improve the realistic expression of the contemplation of the mountains in the H2O. The lines on the platform and brown object are straight and symmetric. He does non go forth many seeable study Markss in this picture, so it is non clear or easy to separate his lines from shadowing. The lines that he does demo normally complement the dark shadows of his surrealist landscape. The values and shadowing in this picture are really drawn out and elaborate. The shadows in Dali s Persistence of Memory are the bosom and psyche of the piece, making a existence that has neer been seen before. Thick values highlight inside informations and colour, giving a three dimensional semblance to this piece. On the tree, the values are implied to make the semblance of bark, while the hitch clock it is keeping on its subdivision uses value to make a tarnished and three dimensional consequence. The brown object besides uses shadowing to acquire this consequence. The tickers on the brown regular hexahedron have detailed shading on and around them, and utilize colour to shadow and give a glistening consequence. The runing one uses a great trade of colour on the face, while the ticker with the emmets draws attending to the insects covering it. The land is chiefly solid brown, with graphic black shadows overmastering the landscape. This stresses the sum of sunshine that is shown in the landscape, reflecting off of other interacting objects. The mountains use a combination of light and darkness assorted with colour instead than merely black to make this manner. Some of the ridges on the mountains are shaded with black, along with other parts of the picture such as the white figure and the brown regular hexahedron where the two pocket tickers are placed. The emmets are all black, and have really small shading, while the fly on the other ticker merely has a bluish shadow of a human figure. The white figure has shadowing throughout its full organic structure. There is heavy shadowing on his caput, nose ciliums, and where its organic structure touches the land. The Benefits Of Online Shoppings EssayDali s creative activity of this picture was non drug induced, but from runing cheese and eccentric dreams ( Rochfort ) . The message Dali is seeking to distribute is that life is fast paced and full of picks which sometimes produce unfavourable results, but we move on. The redstem storksbills are merely stepping rocks into the existent significance behind the picture. The silver ticker on the tree is symbolic of a clip which has late passed ( Bing 2nd closest to the white figure ) . The gold ticker symbolizes the best old ages of life easy get awaying. The closed bronze ticker with the emmets could typify a clip which the creative person wanted to travel on and bury. The 1 on top of the white figure symbolizes the topographic point that he is at now and presently seeking to populate through. The pebbles painted on opposite sides of the canvas typify separation between a lover. The clefts in the mountains are obstacles that one faces before the y can make a stable point in life and happen felicity. The raised blue platform in the dorsum symbolizes the way to a higher quality of life, while the dead tree shows mortality and that nil lives everlastingly. The fly s shadow in the signifier of a individual could be another symbol of Dali s love escaping, or that he wishes to get away world. Many beginnings province that Salvador Dali had fallen in Gala, his lone love and Muse included in her many pieces ( Salvador Dali-A Soft Self-Portrait ) . This piece defines surrealism, interrupting many of the norms antecedently adopted by creative persons and critics. The painting itself reflects a batch on Salvador Dali, and the manner which he viewed life. His artistic manner is unbelievable, and his dream exposure ( Clocking in with Salvador Dali ) are mind blowing. His usage of colourss and illuming creates a three dimensional experience that was neer seen earlier. The graphic qualities and absurd animals that inhabit the piece make it so good, and divide it from the remainder. It has even been noted that the white figure seen in the picture is a self portrayal of Dali, ( looking at the mustache above it s ciliums ) ( Clocking in with Salvador Dali ) . The redstem storksbills themselves make The Persistence of Memory an iconic piece and have been emulated and parodied in popular civilization as good. It surpasses much of the Modern Art of its clip, affecting more talent than merely throwing paint pails at a canvas. I was able to see this picture in individual at the Philadelphia Art Museum in 2005 when the Dali Exhibit was on show.