Property Law

PART A Rainbow cottage is an estate in fee simple absolute in possession, meaning Mr. Brown has absolute rights over his property. Mr. and Mrs. Green who intend to purchase the property were impressed by some items on the estate. The LPA 1925 s62(1)1 ensures that all buildings, erections, fixtures, hedges and fences are conveyed with the land, but s62(4)2 states that such items will not be conveyed with the land if there is a contrary intention expressed in the conveyance. Mr. Brown had not returned the questionnaire relating to fixtures and fittings, contrary to the Law Society's Conveyancing Protocol which states the vendor must exclude any item from the sale which he intends to keep. If this is incomplete the matter will be decided under common law rules. After the sale Mr Brown takes some items with him. S 205 of the LPA3 1925 mentions buildings as forming part of the land, which is further developed as any item affixed to the land becomes land itself. When deciding whether an item brought onto the land is a fixture or a chattel will principally depend on a two fold test, the degree of annexation and the purpose of annexation. This test evolved from the case of Holland v Hodgson (1872)4, in which Blackburn J highlighted its importance suggesting that only an item which is firmly fixed will become part of the land. The first question will depend on whether the

  • Word count: 2997
  • Level: University Degree
  • Subject: Law
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Property Law

Property Law: Assignment 1 2002/2003. Amandeep Singh Gahunia. LLB 2nd Year. Despite Augusta not being party to any valid express declaration of trust1, she may establish a beneficial interest by proving a constructive or resulting trust.2 By contributing her savings of £25,000, Augusta has acquired an equitable interest in 'Old House', which is registered under the name of Wilson. The fact that another person, Augusta, has established an equitable interest means that in equity the property is co-owned. Thus, a trust of land is in existence where Wilson holds 'Old House' on trust for himself and Augusta in equity3; there is one trustee of the land and two co-owners in equity. Therefore, as Wilson is the only trustee, Savequick Bank cannot rely on overreaching to give them priority over any equitable owners, with the bank being bound by Augusta's equitable interest according to the rules of registered land (to be discussed later), which the bank might have not discovered due to its informal nature. As stated before, no express trust exists although the facts in question seem able to fit into the requirements of both a resulting and constructive trust. By contributing to the purchase price of 'Old House', Augusta can claim an equitable interest in Wilson's property, despite her name not being registered alongside his. This resulting trust arises from the 'common intention'

  • Word count: 3239
  • Level: University Degree
  • Subject: Law
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Property Law

Section A In light of the feedback I received from part one of the workbook, I will do the following 5 things differently and the following 5 things the same as shown below: 5 things I will do differently: . The arguments that were raised within my answers were accompanied by examples but the issue being brought forward lacked development. Further development of an issue raised requires me to link the example I have used to the question I am answering. In order to develop the answer, there needs to be a discussion on my part to show for example what the example means in terms of my answer; this need's to be shown with more clarity via my own discussion. Hence my discussion should aim to answer the and so what? why? what? when? questions. By applying relevant examples with relevant discussion geared to answering the question it will enable me to bring out the points I am raising more fully. 2. In section B of part one I raised a point in the early part of the short report but did not give an example to show what I was trying to show. Instead I used an example later in my short report which was very relevant to the issue raised initially; I should have used it in what I was stating earlier in the report to give richness to the point I raised earlier. Hence I need to carefully plan my answers with relevant examples to the question being answered. 3. In part one, section B,

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  • Level: University Degree
  • Subject: Law
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Poor Citizen

Poor Citizen INTRODUCTION Is 'poor citizen' a contradiction in term? Can we truly speak of a person as 'complete' citizen if he strives day and night for his survival in poverty? Can such a person exercise the rights granted to him by the virtue of his membership to the community? Does not the term poverty suggest the failure of social citizenship rights? This concise essay will attempt to briefly answer these questions. In order to be able to sufficiently answer these questions, we need to briefly examine citizenship rights and look at what is that rights give to the person in whom they are vested and determine how poverty effects the citizenship rights of an individual. Understanding Social Citizenship Rights. To the Greek philosopher Aristotle citizenship was the privileged status for all free men of the city-state. Women and children were not considered citizens and were therefore excluded. Marshall (1950) sees citizenship as a status bestowed upon the full members of a community. Marshall argues that there are no fixed inherent rights in the concept of citizenship, however with historic development rights have come to be associated with citizenship. Marshall identifies three types of rights that he argues to be associated with citizenship in modern democracies. He calls them civil rights, social rights and political rights. To T.H. Marshall civil rights are rights

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  • Subject: Law
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The Rule of Law.

Central to the general idea of the Rule of Law is the specific intention that it involves the rule of the law rather than the rule of the people. Judges hold a position of central importance in the relation to the concept of the Rule of Law. They are expected to deliver judgment in a completely impartial manner through a strict application of the law, without allowing their personal preference, or favour to any party of the action in their decision1. Nevertheless, decisions in the criminal process system often involve conflicts; the best framework to analysis the criminal justice system is the work of Herbert Packer, developed in the 1960s.2 Packer suggested that there were two models of evaluation, the Crime Control and the Due Process model. The Crime Control system is based on the suggestion that the criminal conduct is the prime function. This calls for 'a high rate of apprehension and conviction', placing a 'premium on speed and finality', and it therefore presents a minimal opportunity for challenge. To work effectively the Crime Control model should ensure that only the strong cases are taken forward to conviction and sentence as expeditiously as possible. Packer contrasts this with the Due Process model which takes the view that the stigma and loss of liberty might fall on the defendant, therefore insists on fairness criteria and other protections for the

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To what extent has the EU become a federal state? Does the Treaty of Lisbon form a constitution for that state?

FOUNDATIONS IN EUROPEAN UNION LAW Assignment 2008/09 To what extent has the EU become a federal state? Does the Treaty of Lisbon form a constitution for that state? The EU was formed partly out of this desire, with the early architects seeing its predecessors as the first step to a European federation. Since the 1950s, European integration in this manner has seen the development of a supranational system of governance, as its institutions move further from the concept of intergovernmental. However, with the Maastricht Treaty of 1993, new intergovernmental elements have been introduced alongside the more federal systems making the definition of the European Union much more complex. The European Union, which operates through a hybrid system of intergovernmental and supranational, is not officially a federation - though various academic observers treat it as a federal system. Federal Europe is a speculative scenario where a politically united Europe, usually in the modern context of the European Union (EU), would acquire the full features of a federation. Currently there are no reasonable grounds to declare EU as a federal state. Of course treaty of Lisbon must be mentioned as a tool which can bring prominent changes including more qualified majority voting in the EU Council, increased involvement of the European Parliament in the legislative process through extended

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  • Level: University Degree
  • Subject: Law
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Tort essay

In order to be able to verify that Woldshire County Council (WCC) have breached their duty of care we must be able to guide Julie, through three key elements of negligence. Once these elements have been applied, it will establish a successful claim within negligence. Julie is a fifteen-year-old pupil at Woldshire Secondary School, who was injured while on an adventure weekend in the Lake District. Additionally, through the three elements, there are a various set of tests, that helps identify, that the claimant has not yet met the required standard of care. Once we can determine that these elements have been breached, we will be able to conclude that WCC have breached their duty of care and as a result, they have not met the required standard of care for Julie. It was the definition made by Winfield and Jolowicz that first set out the three key elements of how to establish a successful claim within negligence. They stated, "Negligence as a tort is a breach of a legal duty to take care, which could thereby result in damage towards the claimant." From this definition, we can see how the three key elements were first established. These elements requires that you ask three separate questions- Does the defendant actually owe the claimant a Duty of Care, Has the defendant breached that duty of care and did the claimant suffer damages as a result of that breach. The first element of

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  • Subject: Law
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"Would replacing the House of Lords with an elected chamber create more problems than it would solve?"

Public Law Essay Richard Wilson "Would replacing the House of Lords with an elected chamber create more problems than it would solve?" The House of Lords, in one form or another, has been present in the British political forum from as early as the 11th century. By the 14th century, two distinct houses of parliament had emerged, the House of Commons and the House of Lords. Nowadays, the House of Lords acts as the second chamber of the Westminster parliament, with its primary roles being the revision of legislation and the scrutiny of governmental activities. In addition, the House of Lords also acts as the final court of appeal in the UK. The House of Lords is seen as being a complement to the activities of the House of Commons, although it is quite different in the aspect that the Lords, unlike the Commons are unpaid and un-elected. Over the past hundred years, numerous laws and conventions such as Parliament Acts of 1911 and 1949 as well as the Salisbury Convention have seen the powers of the House of Lords curbed somewhat. In 1999, the present Labour government began their much-heralded reform of the House of Lords with the removal of the rights of hereditary peers to an automatic seat in parliament, an aspect of the Lords often criticised by both the public and political analysts. Furthermore, they intend to reform the Lords structurally, with the proposition

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  • Level: University Degree
  • Subject: Law
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What is Justice?

Telemez 1 Özkan Bugra TELEMEZ 20300347 PHIL241.09 International Relations Instructor:Sandrine BERGES Deadline: 04-01-2005 Justice is the quality of being just or fair and in other words, a reference to the fairness and legality in the way people are treated by others. Several philosophers tried to find the definition of justice and approached different answers. Likewise, St. Thomas Aquinas had tried to explain what justice is and whether it is about passions, or about operations. He considered justice as a virtue, moreover, it is a general virtue and chief of the moral virtues. This essay discusses whether justice is concerned with actions or emotions and is it different from other virtues. Justice is concerned with actions, not passions and it is the most important virtue. I am going to prove it with refer to Aquinas' "Summa Theologica" 's Articulus 1, 3, 5, 9, 12 and give some actual examples to support his ideas. Justice is rendering to each one his right. Aquinas claims that "justice is a habit according to which someone has a constant and perpetual will to render to each his rights" (p.170) formed through actions and experience. He supports his ideas with Aristotle's words "justice is a habit whereby a man is said to be capable of doing just actions in accordance with his choice."(Ethic. v , 5). Telemez 2 A human virtue is one which renders a human act and man

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  • Level: University Degree
  • Subject: Law
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What is meant by euthanasia?

The term Euthanasia has become well known throughout the country. The word is derived from ancient Greek eu thantos, meaning "easy death." Today, euthanasia is referred to as mercy killing. There is much controversy over whether or not the practice is just. Euthanasia raises many religious, medical, and ethical issues. Euthanasia can either be active or passive. Active euthanasia occurs when a physician or other medical personnel induces death. An overdose is administered to the patients in the form of insulin, barbiturates, or morphine, and then followed by an injection of curare. Passive euthanasia, on the other hand, is allowing the patient to die due to lack of treatment. This includes taking the patient off their support system, or respirator. Passive euthanasia also includes stopping the food supply intravenously to comatose patients (Compton's, 1). Debate has flourished against those who accept passive euthanasia, but reject active. Questions are asked why one form is accepted and not the other. The distinction that is made between the two of them is that active is murder, while passive is merciful. Turning off support systems is a positive act of death (Singer, 76). In the Encyclopedia of Bio-ethics, some religious views of euthanasia were given. Hebraic and Jewish denominations strongly oppose the practice. They believe life is a precious and divine gift, and

  • Word count: 863
  • Level: University Degree
  • Subject: Law
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