...Introduction In this assignment I’m going to discuss about the problems arose between the parties, advice to the parties and look into the possibilities available for the parties. The main problem arose in this question is on lease and license. Throughout this assignment I have discussed the difference between lease agreement and license agreement, formalities and characteristics of lease agreement and license agreement with deciding Common Law cases and also legal rights nd equitable rights available for the parties. A lease or a license is a contractual agreement between lessor or licensor and another party (lessee or licensee) that binds both parties to the terms of the agreement. FACTS * Erik, the personal agent of Neil who owns two apartments rented one of two apartment to a young couple Sona and Ben starting from 5th July 1998 for years * The couple approach to Erik with one of their close (Edwin) who wanted to rent a single room. * Edwin was given one of two keys to the room as there was a bad pipe that needed to be visited by the plumber. * The plumber comes to the Edwin’s room and checks the pipe whenever he can. * Neil arrived a month later and announced an increment in the rent. * Neither the couple nor their friend agreed to increment in the rent. * Sona and Ben argued that they have a lease agreement while Neil objected this statement. * Edwin did not wish to pay the rent as per the agreement and asserted that he will only explain...
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...Mildred does not want to get into a fight, but at the same time, she does not want Cliff to permanently keep the 3 feet of property that belong to her. So, she came to your firm to ask advice. Mildred has a deed that clearly shows that she received title to the 3 feet in question through a deed executed over 40 years ago. Cliff, of course, will argue that he acquired the 3 feet via adverse possession. Neither Cliff nor Mildred can remember exactly when the fence was put up and neither party can remember what was done with that space before the fence was put up. It is apparent that this case will come down to who has the burden to prove what because it's apparent that neither party can prove much of anything except that Mildred has her deed and all parties agree that the picket fence has been up for several years. Your supervising attorney asks you to draft an essay, citing relevant Ohio law where applicable, explaining who has the burden to prove what in this case and which party is likely to prevail. Please do so. Issue- The issue at hand is whether Cliff can prove adverse possession for the 3 feet of land in question under Ohio law against Mildred. Rule- Wechter v. Franklin, C.A. No. E-78-38, Court of Appeals of Ohio, Sixth Appellate District, Erie County, 1979 Ohio App. LEXIS 10401, August 24, 1979. In this case there were two property owners who were fighting over boundary lines and the title to the boundary line was found to be quieted to the owner who had color of...
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...Culture Essay 7/5/2012 Culture Essay There is no specific definition when it comes to the term “culture.” Culture refers to the cumulative deposit of knowledge, experience, beliefs, values, attitudes, meanings, hierarchies, religion, notions of time, roles, spatial relations, concepts of the universe, and material objects and possessions acquired by a group of people in the course of generations through individual and group striving. Culture is the sum of total of the learned behavior of a group of people that are generally considered to be the tradition of that people and are transmitted from generation to generation. Culture is a collective programming of the mind that distinguishes the members of one group or category of people from another. Every culture has its own definition for the term, and every culture handles every situation differently, especially when it comes to healthcare. Mahatma Gandhi once said, “No culture can live if it attempts to be exclusive”, meaning that if people do not try to expand their culture or try to learn of another’s culture, it will not survive. We as health care providers need to take this into consideration when it comes to dealing with patients of another culture, while trying to maintain our beliefs as well. My family is primarily Italian, and when it comes to health care, I was raised to do things a certain way, but as I grew older, I found myself doing less of what I was taught because I found most of the rituals unnecessary...
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...Module 6- Torts Essay One 1. Does Farmer have any claim(s) for damages against Pilot based on Intentional tort? Discuss Farmer v. Pilot Was there intent? Intent is satisfied if the defendant desires the consequences of her acts. Here, Pilot landed her small passenger plane in what she thought was a vacant field, but ended up being Farmers’ field, which had been recently planted. Therefore, the landing of Pilots’ small plane in the field was cause for damage to the recently planted field. Did pilot intend Trespass to Land? Trespass to land is satisfied if the Plaintiff (Farmer) must prove ownership or possessor interest in the land and an intentional and tangible invasion, intrusion or entry by the defendant (Pilot) onto the land that harms the Plaintiff’s (Famer) interest in exclusive possession. Did Pilot intend Trespass to Chattel? Trespass to chattel is the intentional interference with the right of possession of personal property. The defendants (Pilot) acts must intentionally damage the chattel deprive the possessor of it use for a substantial period of time, or totally disposes the chattel from the victim (Farmer). Here, Pilot landed her small passenger plan in Famers’ field and destroyed what had been recently planted. Did Pilot intend on trespassing on Farmers land and destroy the recently planted crop? Unfortunately, Pilot could not see the recently planted crops from the air when she looked out the window of the plane; therefore Pilot’s...
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...The Right of Usage of Private Property Diana Vazquez University of Redlands Author Note This paper was prepared for Business, Ethics and Society, taught by Mr. Jensen Analytical Essay: The Right of Usage of Private Property The Right of Usage of Private Property. The city of Santa Monica, California is facing a dilemma, which is not unique to Santa Monica as this is a situation affecting other cities throughout Southern California as well as the rest of the United States. The question is, do private property owners have a right to freely rent or lease their property on a short term basis or does the local government have a right to institute laws and restrictions on private property owners wishing to rent or lease their property on a short term basis? What is private property? According to Business dictionary.com (2015), private property is… “Tangible and intangible things owned by individuals or firms over which their owners have exclusive and absolute legal rights, such as land, buildings, money, copyrights, patents, etc. Private property can be transferred only with its owner's consent, and by due process such as sale or gift.” John Locke was an influential English political philosopher who believed that God gave man the earth in common, meaning everyone had a right to it. That man had the right to use all that the earth produced, fruits, vegetables, water, animals… the necessities to maintain life and to allow human comfort. He believed that man was...
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...Debrabander, he explains to the readers the conflicts of Individualism and how controversial this topic truly is in the eyes of Americans. Debrabander express his thoughts on individualism and how it is just a misleading belief American citizens have created to make themselves feel like they are truly individuals because they are capable of making their own choices and decisions. The speaker makes a valid and convincing argument on why he believes it is called Deluded Individualism rather than Individualism by providing proof related to politics and using Sigmund Freud, a famous figure in psychology, to prove his argument is indeed valid. Debrabander’s argument is profoundly persuading due to his use of evidence, the way he organize his essay, and the choice of words he used. Out of all the evidence Debrabander could have used, he chose to use the article, “Even Critics of the Safety Net Increasingly Depend on It”, because it would most likely relate to his targeted age group readers and because politics and government is controversial itself which fits in with the topic about Individualism. In addition to using politics as evidence, he also used theories of Sigmund Freud to further validate his argument by explaining to the readers the importance of the Ego and the Id and how it connects to the reason humans like to regard themselves as Individuals. Debrabander makes his argument even more persuasive by choosing his words carefully. For an example he uses the word “Self determining”...
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...words, write a plan for the essay Plan Introduction 1) Explain the background and context of the extract. 2) Discuss the evidence for the Chartism’s support in terms of economic pressure, national political movement and inclusive cultural community. 3) The essay will explore how the three factors were important in the speech for gaining support for Chartism and which proved to be the more dominant factor. Economic Pressure 1) At the time of Chartism, economy was on a downturn, especially in regards to the poorer classes. 2) Use quotes from the speech to demonstrate economic pressures identified. 3) Refer to Asa Briggs secondary Source, who advocates the significance of economic pressure. National Political Movement 1) Explore how political references and terminology was used in the speech. 2) Provide quotes from the speech as evidence of political movement. 3) Quote Gareth Stedman Jones Secondary Source in reference to political movement. Cultural Community 1) Chartism was directed to both men and women, show evidence of this from the speech. 2) Refer to Dorothy Thompson Secondary Source providing evidence that women were involved. Conclusion 1) Discuss all three factors being evident in the speech. 2) Reflect on evidence showing political movement to be the more dominant factor. Words = 196 Part 2 In no more than 800 words, write an essay in response to the above question. The essay will discuss the three...
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...During the late 20’s, the NAACP and the Universal Negro Improvement Association competed for “the position of the premier African-American advocacy group”(Ware). In 1931, Marcus Garvey, the dark-skinned head of the Universal Negro Improvement Organization, accused W.E.B. Dubois’s NAACP of practicing colorism: It is no wonder that Du Bois seeks the company of white people, because he hates black as being ugly. Yet this professor, who sees ugliness in being black, essays to be a leader of the Negro people and has been trying for over fourteen years to deceive them through his connection with the National Association for the Advancement of Colored People. Now what does he mean by advancing colored people if he hates black so much? (Ware). Dubois denied these claims, but his organizations’ actions seemingly verify Garvey’s claims. Crisis featured predominantly elite light skinned women. The NAACP appealed to the elite and educated, which were primarily light skinned blacks. In contrast, Garvey’s movement appealed to the masses; he uplifted the dark skinned community with his praise of “unadulterated blackness” (Russell et al. 33). However, these views alienated the “power brokers” of the black community and...
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... 3. Judicial 3. Judicial 2. Executive 2. Executive | 6. Supreme Court 6. Supreme Court 5. President 5. President 4. Congress 4. Congress | 9. Vice President 9. Vice President | House of Representatives House of Representatives 8. Senate 8. Senate | True or False 1. The Tenth Amendment limits the power of states. FALSE 2. The Constitution signed in 1787 contained the Bill of Rights. FALSE 3. The Constitution created a system of dual sovereignty, meaning the federal government has exclusive power in interstate commerce. True 4. The president and vice president are part of the legislative branch. FALSE 5. Congress can impose federal mandates, which require the state government to comply with its orders. True or False Multiple Choice 6. The concept of dual federalism D: viewed federal and state power as fixed d. The Bill of Rights is C: the first 10 amendments to the Constitution e. The legislative branch is composed of which of the following: a. The House of Representatives and Senate f. The First Amendment of the Constitution regards which of the following: D: Freedom of religion, of speech, of the press, to assemble, and to petition g. The modern-day structure...
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...Transcendentalism took off in the 1800’s with a little help from Ralph Waldo Emerson, Henry David Thoreau, and Emily Dickenson. These transcendentalists expressed their beliefs through writings such as poems and essays. These few transcendentalists went out of their way to represent their ideals and beliefs. Only a number of people understood the idea of transcendentalism because it is so complex and involved a much deeper thought process. It was this complexity within Transcendentalism that makes it stick out in history still to this day. Transcendentalism is an idealistic philosophical and social movement that developed in New England. Transcendentalism was developed in reaction to rationalism in 1836. It taught that divinity pervades all nature and humanity. The transcendentalist members held progressive views on feminism and communal living. Ralph Waldo Emerson, one of the better known transcendentalists, became a transcendentalist in 1832 which lead to the writing of “Self-Reliance” and “The American Scholar.” He later became the central figure of his literary and philosophical group, known as the American Transcendentalist. In the 1840’s he founded and co-edited the literary magazine The Dial. In 1841 and 1844 he published essays, including, “Self-Reliance,” “Friendship” and “Experience.” In “Self-Reliance” Emerson writes: A man should learn to detect and watch that gleam of light which flashes across his mind from within, more than the luster of the firmament of...
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...O’Sullivan vs. Williams, Board of Trustees of the Port of Bombay v. M. Sriyanesh Knitters, AIR 1999 SC 2947, Parakh vs King Emperor AIR 1926 Oudh Shipping Corpn. Of India vs Monica India And Ors. on 18 March, 201 State Bank Of Patiala vs Northland Sugar Complex Ltd. on 30 January, 2004 Ultzen vs Nicols 1894, Wicks Farming v. Waraluck Mining P/L (1996) 1 QdR 99 Introduction The Bailment is another type of special contract and it is necessarily dealt with by the Contract Act. Since it is a ‘contract’, naturally all basic requirements of contract are applicable. - - Bailment means Act of delivering goods for a specified purpose on trust. The goods are to be returned after the purpose is over. In bailment, possession of goods is transferred, but property i.e. ownership is not transferred. Bailment is dealt with contract act only in cases where it arises from a contract but it is not correct to say that there...
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...world today In this essay, I will be evaluating the view that cults and sects are replacing traditional religion as for expressing religious belief in the world today. To do this I will be referring to a number of sociologists view on the idea of sects and cults. New religious movements such as sects and cults have become more common over the years. Many people are becoming influenced by these religious groups which tell citizens in society if they join them they will lead a better life. Many sociologists have argued that NRMs are increasing in size and popularity due to unjust events people are seeing in modern society. To begin with, many sociologists have argued that NRMs are no big influence on society and are just really to some extent a way of showing societies change, which is sure to happen over the years anyway. Wallis identified three main kinds of new religious movements. These are world affirming, world accommodating and world rejecting groups. Sociologists have argued the one that is short lived than the rest is the world rejecting. This group is usually classed as a sect or cult in which they are always highly critical of the outside world and demand significant commitment from their members. An Example of one of these is the Unification church (the Moonies) founded in Korea. They reject the mundane the secular world as evil and has strong moral rules such as no smoking or drinking. These groups are exclusive often share possessions and seek to regulate member’s...
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...This is a 2-hour exam; one essay and 20/25 questions CHECKLIST Do the questions first; then spend the rest of the time on the essay. Things grader looks for: Need a nice IRAC; issue spotting; I. Land Acquisition – TWO or more people fighting over property A. Adverse possession: To constitute adverse possession, there must be actual possession which is uninterrupted, open and notorious, hostile and exclusive, and under a claim of right made in good faith for the statutory period. Possession for a statutory period of time can ripen into title. 1. Elements: COAH a. Actual Possession: Actual means that the possession must be such that the community would reasonably regard the adverse possessor as the owner; the possessor must show an actual entry that gives exclusive possession of the land and does not have the owner’s permission to be there. The possessor’s subjective state of mind is irrelevant. b. Uninterrupted: Continuity of possession may be established although the land is used regularly for only a certain period each year. It is not necessary that the occupant should be actually upon the premises continually. If the land is occupied during the period of time during the year it is capable of use, there is sufficient continuity. Thus, summer occupancy only of a summer beach home does not destroy the continuity of possession required. c. Open and Notorious: The acts of the adverse possessor are...
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...children, clean the house, and cook. Because society has always associated money with power, the person bringing home the money had the power. The man often makes the final decision on all household matters because he has the money. The workplace is another place where men and women are not equal. Men are often applauded for being assertive and giving orders. By giving orders, men are taking a leadership role. Demonstrating leadership ability is a quality that employers often look Slava 2 for. On the other hand, women who are assertive and give orders are not well liked in th... [to view the full essay now, purchase below] Learn by seeing a well-written example Improve your grade Finish your paper faster Benefits of Purchase When you purchase a paper, these are just a few of the benefits you will appreciate. Follow the instructions below to view the complete essay, speech, term paper, or research paper: You may view this document now for only $19.95. This is the total cost - there are NO other charges. The...
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...Merely 35 years after the last shot was fired in the American Civil War on June 22, 1865, in 1901, anticipating his imminent displacement, George White—the last African American remaining in Congress—retired. He was a victim of North Carolina’s disfranchisement schemes. On the eve of his departure from the House, Mr. White lamented, “The mule died long ago and the land grabbers have obtained the 40 acres.” Audible in his tone was the frustration that underlay more than 30 years of broken promises made to African Americans. The phrase “forty acres and a mule” that Mr. White refers to in his address has its roots in the Special Field Order # 15 (SFO # 15). The order was signed into effect on January 16, 1865 by General William Tecumseh Sherman; just two months after Abraham Lincoln had been reelected to office. SFO #15 entitled each freed family forty acres of tillable land on islands and the coast of Georgia. However, there is no mention of mules (or any animals) in the field order. A popular fable is that Sherman's commissary man came to him complaining that he had a large number of “broken down” mules for which he had no means of disposal. Sherman sent the useless animals for distribution along with the land. The first two sections of the SFO # 15 describes the area where the land was to be reserved and section three clearly indicates the size of the land to be allocated. “Special Field Orders, No. 15 I. The islands from Charleston, south, the abandoned rice fields...
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