Beneficial joint tenants and the protection of purchasers: An unsolved problem
BENEFICIAL JOINT TENANTS AND THE PROTECTION OF PURCHASERS: AN UNSOLVED PROBLEM E.J. Cooke. Copyright (c) 1999 Sweet & Maxwell Limited and Contributors Legislation: Law of Property (Joint Tenants) Act 1964 s.1, s.3 Land Registration Act 2002 Subject: REAL PROPERTY Keywords: Beneficial interests; Joint tenancies; Purchasers; Registered land; Sale of land; Severance Abstract: Highlights the problems which purchasers of registered land may encounter in transactions with the survivor of two or more joint tenants where severance may have occurred. Notes how the Law of Property (Joint Tenants) Act 1964 s.1, relating to assumptions on the sale of land by the survivor of joint tenants, is inapplicable to registered land, suggesting reasons for this exclusion. Explains why the purchasers of registered land should be afforded protection, proposing that the imbalance may be rectified by a simple amendment to the Land Registration Act 2002. ## Beneficial interests; Joint tenancies; Purchasers; Registered land; Sale of land; Severance The Law of Property (Joint Tenants) Act 1964 ("the 1964 Act") is pleasantly brief. It begins: "1 Assumptions on sale of land by survivor of joint tenants (1) For the purposes of s.36(2) of the Law of Property Act 1925, ... the survivor of two or more joint tenants shall in favour of a purchaser of the legal estate be deemed to be solely and
Critically discuss John Stuart Mill's liberty principle with reference to the work of other jurists and, where relevant, to current political or legal events.
Jurisprudence "The only purpose for which power can be rightly exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. ... Over himself, over his own body and mind, the individual is sovereign. " [John Stuart Mill, On Liberty] Critically discuss John Stuart Mill's liberty principle with reference to the work of other jurists and, where relevant, to current political or legal events. To what extent do you think that the principle continues to influence modern debates about rights? In order to critically examine this particular principle and its influence, it is necessary to look at the background of the principle so that it can be studied in context. John Stuart Mill developed the liberty principle in his work On Liberty (1). Mill's definition of liberty is "pursuing our own good in our own way" and he believed it to be one of the most important "elements of well-being". Mills conviction was that it was better that a man choose to live his life the wrong way than be made to live the right way. Mill was influenced by Alexis de Tocqueville, whose work, Democracy in America (2) opened Mills eyes to how democracy exposed liberty to new dangers. The driving force of democracy is the will of the majority and Mill was concerned that this left every aspect of life
The things which differentiate women from each other are more significant than what unites them. These differences undermine the feminist legal project. Discuss
'The things which differentiate women from each other are more significant than what unites them. These differences undermine the feminist legal project.' Discuss. The concept of feminist legal theory has only recently emerged within our society, it becoming prominent with the growth of the women's liberation movement in the late 1960s and 1970s. The origins of its construction originates from those women who wanted to find an answer for why as a gender they were treated unequally in comparison to men and questioning what it would take to change. As a general overview the common element within feminism is that women are portrayed as inferior to men and they are oppressed by them in society. It is impossible to give one distinct explanation of feminist legal theory, as the development of academic and political thought has inevitably led to a diverse variety of views in regards to what they believe needs to be done in order to address the current problems. "Feminist jurisprudence is not a single body of thought but rather a family of different perspectives or frameworks used to analyse the actual and the desirable relationship between law and gender"'1 It is this diversity which I will be discussing in the essay, looking at four main schools of thought; liberal, radical, cultural and postmodern identifying the similarities and differences between them. Thereafter I will be
Should the Government be allowed to exercise its powers in controlling and invading our Privacy?
Ethical and Societal Issues of Information Technology 4BIM650 Should the Government be allowed to exercise its powers in controlling and invading our Privacy? Iram Sial W99192771b University of Westminster Tutor: Mike Healy Semester 1 2002/2003 Assignment 2 Word Count:2959 Introduction This essay will examine the impact Information Technology has played on the privacy of people focusing in particular on the UK, and the Governments involvement in legislating it. The privacy issue is such a wide spectrum for debate as it involves many differing types of privacy and concerns many types of Information and Communications mediums for example, surveillance, the Internet and email privacy and to name a few. It is difficult to present the whole issue, however I shall attempt to cover most topics in this essay. The developments of communication technologies have been among the most impressive in recent years. These have in result put major challenges for the protection of human rights and in particular the right to privacy. These also raise crucial social and ethical issues concerning the collection, storing, and distribution of information. Should the Government be doing more to legislate and protect their people and society? Are they legislating too much and allowing authorities and organisations undeniable and unlimited access to our details. Is this a true invasion
Does the law on terrorism reflect a tendency in the UK to pass authoritarian laws with little regards for human rights without giving thought to whether such laws are needed? Is this problem peculiar to Britain?
Crime, Law and Different Societies: assessed essay. Does the law on terrorism reflect a tendency in the UK to pass authoritarian laws with little regards for human rights without giving thought to whether such laws are needed? Is this problem peculiar to Britain? Introduction: Terrorism is a notion difficult to define. A perfect illustration of this fact is to be found in the differences between the definitions given by the doctrine or the Law. For example, according to the section 1 of the United Kingdom Terrorism Act 2000, terrorism is "the use or threat of serious violence against persons or serious damage to property, designed to influence the government or intimidate the public or a section of the public...for the purpose of advancing a political, religious or ideological cause". Amongst the remarks arose by the letter of this extract, one is that all the crimes listed ("use or threat of serious violence against persons..." or "serious damage to property...", etc...) are already subject to legislation. What is then the purpose of the law on terrorism? This purpose might be strongly linked to the very nature of terrorism, which is to be found far beyond the diverse definitions. The notion of terrorism is at the intersection of political violence, moral justifications, and fight for a "just" cause ("one man terrorist is another man freedom fighter"1). It is also powered
What are the strengths and weaknesses of New Labour's approach to youth crime?
What are the strengths and weaknesses of New Labour's approach to youth crime? Youth crime has been suggested as being "synonymous" with the problem of crime as a whole. The youth of today have been categorised as being "dangerous, deviant, barbaric, troublesome, anti-social and irresponsible" (Munice, 1999;172). With such assumptions it has been perceived that the crimes committed by youths have drastically risen and this it appears has forced the Government into a devising a much stricter social policy (Nacro, 2002). New Labour has entered into the Government in 1997, with a wider range of policies to tackle the supposed disorder of youth crime, with the introduction of the Crime and Disorder Act 1998. The government were much more focused on being "tough on the causes of crime" and forcing the delinquents to be responsible for their actions by facing up to the crimes that they have committed (Fionda, 1999; 37). However there has been much debate on the effectiveness and fairness of such enforcement. The extent to which the youth have been involved with criminal activity and the way it has been dealt with by the current Government can therefore be assessed. Before any kind of assessment can be made on the actions of the Labour Government, the extent to which crime has been committed by the youth and its nature, firstly need to be established. The Home Office Criminal
Criticising your lecturers - the ultimate in free speech?
Attn: Eavan Murphy Due Date: Weds 16th January 2002 Criticising your lecturers - the ultimate in free speech? Eoin Mc Donnell Introduction With the widening of the scope of Internet users, the Internet has become something of a 'last stand' for pundits of free speech. Given its history of independent ownership and contributions, this is hardly surprising. Here, we are concerned specifically with the freedom to criticise one's teachers, effectively as a 'product review' to others currently deciding on where to continue their schooling. The issue being that in this case it is not simply a product, but a person, which is being criticised. The subject of this criticism also has rights: the right to privacy and a good name, among others. The Internet provides a simple means of broadcasting one's opinions. It is unfortunate that this often leads to thoughtless and ungrounded 'facts' being published online. The tool is so simple and inexpensive to use that the content is rarely given real consideration, by either the author or the service provider. On sites such as Teacherreview.com and Friendsreunited.co.uk this has sometimes led to simple untruths being published, giving rise to issues of defamation. Personal 'facts' have also been broadcast which, regardless of their truth, may infringe on the subject's privacy. These include, most obviously, comments on their sexuality.
Is existing a necessary condition for the possession of rights?
Is existing a necessary condition for the possession of rights? The first issue we need to look at here is what the condition 'existing' actually means, so we can define the categories of being we will be regarding when it comes to deciding if they have any rights. To exist, it seems, is to be a living, breathing human being (if we limit this study to humans) that inhabits the earth similarly to all others of its species. In other words, existing is living an everyday life, in which we eat, sleep, and breathe the air, and so this for a start excludes dead persons - who do none of the above - and also those in utero; foetuses which are still in the womb, and are developing towards living this life of existing as others do. Existing beings can also be said to have a complex thought process, and a set of beliefs and desires, which lead them to have a consciousness of themselves, and a desire to live. Again, dead persons and foetuses - as far as we know - have neither, and this also brings human vegetables in to the problem, as many are totally unaware of what is going on around them. But for this study we will take existing to mean simply inhabiting the earth in the most basic way, as others do in order to stay alive; namely eating and drinking, breathing and sleeping. On the subject of the deceased, Joel Feinberg1 says a dead man is a "mere corpse, a piece of decaying
Is Dworkin a natural lawyer? Before examining the Dworkinian perspective, it is important to define the melange and conflict that the two opposing leading theories of jurisprudence, natural law and positivism reflect.
Ronald Dworkin's name resounds eponymously with the realms of legal theory having been recognised universally for his pioneering scholarly work of worldwide impact1 consequently becoming one of the most cited legal scholars of the twentieth century.2 As an influential contributor to the jurisprudential movement, he has become known for advancing two main theses, "law as integrity" which advocates that the judiciary should read law with shared moral community principles. His second theory, possibly the most relative to the natural positivist debate is that of legal interpretivism. Legal interpretivism denies that law and morality are wholly independent systems3, yet due to the lack of morality, it would be misleading to flatly states that examples such as Lemuel Shaw, a staunch supporter for the abolition of slavery, and his compliance with the Fugitive Slave Act was not valid law, or similarly that the Nazi edicts were not valid law4. However is this theory merely a neologism of the original stance resting on the laurels of natural law, with Dworkin as a sheep in wolves clothing, acting as a parochial natural lawyer? Further within his newest text, Justice for Hedgehogs, what does his 'revolutionary' one system of jurisprudence indicate? Before examining the Dworkinian perspective, it is important to define the melange and conflict that the two opposing leading theories of
This report traces trends in the development a comprehensive housing and homelessness legislation and policy.
UNIVERSITY OF EAST LONDON DEPARTMENT OF SOCIOLOGY AND ANTHROPOLOGY UNIT TITLE: SO224; SOCIAL POLICY IN BRITAIN (REPORT- 2500-3000 WORDS) CHOSEN AREA: HOUSING; HOMELESSNESS AGENCY: SHELTER; CAMPAIGNING ORGANISATION INTRODUCTION This report traces trends in the development a comprehensive housing and homelessness legislation and policy in three phases: * In the post 2nd World War period * Post 1979 after Thatcher's victory * Post New Labour in 1997. The report will describe trends in tackling 'race' equality in housing. The report will continue to analyse the work done by Shelter, a homeless charity, illustrating how much their work has changed over time. The report will then explore how Shelter's policy unit remains responsible for ensuring that Shelter's campaigns are supported by credible proposals for changes in housing policy and practices at national and local levels. The report will enquire about any strategies Shelter currently employs to address race inequalities within the organisation. BACKGROUND Daly (1996) argues that we should understand homeless from a contextual perspective and explores how homelessness emerged during the 1980s as a public policy dilemma. "As interpreted in policy and programmes, definitions determine who receives assistance, the amount, type of provided and by whom" (Daly, 1996: 1). The beginning of state intervention and the