Equity and Trusts advice style answer - Free Essay Example

This paper seeks to establish whether Bill had any rights either in real or personal claim over the said estate located in Luneborough. It would identify the type of remedy, if any generated consequent to the breach of Billà ¢Ã¢â€š ¬Ã¢â€ž ¢s rights. It would also identify the type of enacted that recognizes the right afforded to Bill, that is if any and provide the remedies available for the protection of the rights. The next requirement would be apply the law to the facts and hand in order to establish whether Bill has any interest over the said building. Firstly, the registered owner of the building that had absolute rights over the said property was Ann. It is observed that Ann had a fee simple estate registered over the said land upon which building was constructed on. The value was said property was valued at 2 million pounds. What is unusual about this property is that the title to the land was inherited by Ann upon the death of her father though the title was not reregistered to include the name of Ann as the new title holder. Bill was promised title a flat in the building if he would remain with Ann in Luneborough and held her with the business she owned. The building was later on was charged over a loan that was acquired by Ann from a bank. Upon Annà ¢Ã¢â€š ¬Ã¢â€ž ¢s death the building was acquired by the bank and Bill issued with eviction orders. First and foremost it is importan t that note that legally Ann had no sufficient title the said building. Upon her fatherà ¢Ã¢â€š ¬Ã¢â€ž ¢s death and the transfer of the property to Ann, she was required under law to register the new title over the said land. However she was the sole inherited person to the property so it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t matter. Secondly, which comes to the main purpose of this paper, does Bill have the right to the property, and we could look at proprietary estoppel, which a legal claim for transfer rights within legal title concern with the three elements of the clear assurance they will acquire a right over property, they reasonably rely on the assurance and they act substantially to their detriment.[1] Which in Dillwyn v Llwellyn[2], the father given a note to his son that stated he would get the house but they did not have the deed for conveyance even though the son did spend money on improving. Therefore by examine the fact in the case which Bill were constantly involve to the hou sework for Luneborough property, even before he moved in, he undertook all the work for significant improvement of the property, reroofed it, refurbished the office space on the ground floor and worked through the holidays to carry out the building work and keep the maintenance of the house, after he moved in Ana did not charge her for any rent as Bill moved second floor loft and he continued carry out further improvement and regular repairs, however above mentioned activities, Ana paid all the material costs; as in Burns v Burns[3] the plaintiff and the defendant were living together which they did not marry each other, the house was bought by the defendant Patrick with the arrangement of Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s name was on the deed and also paid the price and the mortgage, and the plaintiff was act as a homemaker carried out house duties such as cleaning and though she did pay the bill from her own earning towards household expenses, she also paid for the fittings, washing ma chine, the plaintiff left the defendant and claimed beneficial interest in the house. However the court held that as the lack of a financial contribution which should be related to the acquisition of the property such as the mortgage repayments, therefore she was not entitled as a beneficial interest to the property. Another important case to mention is Jones v Kernott [4]which concerns with unmarried couples after cohabitation suing against the beneficially entitlement, Mrs. Jones paid 6,000 pounds initialed money to the property worth 30,000 pounds with the rest raised by mortgage, they shared household bills and mortgage, then they were separated, Mr. Kernott intended to buy another property and intended to use the half of the value of the old property whom shared with Ms Jones, which lead to the case held Ms. Jones contributed over 80% of the equity and with the little help of Mr Kernott financially and physically with the children they had with a result of splitting that proper ty with 90% to Ms. Jones and 10% to Mr. Kernott, in order to produce a fair and just results.[5] Therefore, by Compare these cases to Billà ¢Ã¢â€š ¬Ã¢â€ž ¢s scenario, even though he carried out many improvement, yet he did not pay for the materials which Ana did, and the works he did would be seen as a normal builderà ¢Ã¢â€š ¬Ã¢â€ž ¢s job to fix things around the house and the fact that he did not pay rent, without any financial contribution towards the property, according to Burns v Burns, he would not have any beneficial interest to the Luneborough property. However there are couple of facts in the case could be arguable, first that when Bill moved in, even though Ana did not charge him rent and yet stated she did not change Billà ¢Ã¢â€š ¬Ã¢â€ž ¢s low wages, cause she thought the low wage could compensate by not charging any rent by letting him live in her property, so does that mean he did contribute to the property financially, this extremely week evidence would not be enough to make him beneficially interest to the property, all in all there was no actually money transaction or any actual money towards the property come from his own wallet and housework could not contribute as financially as seen in Burns v Burns[6] In this case Ann promised to transfer the title of the property to Bill. One may presume the existence of an oral will. However the execution and evidence requirements of an oral will must meet the conditions of that of the written will. In the sense that the evidence of the oral will must be witnessed by two competent and independent witnesses with the exception of privileged will. In the fact at hand, it is clear that the perceived oral will was not witnessed by any independent and competent witness, furthermore the oral will has a lifeline of only 3 months. Also noteworthy is that an oral will to be valid must not contradict a written will as is the case here. The promise cannot also recognize as a gift, it must be disposed within the lifetime of the deceased. Even though in the case constantly hinted that Ana would always care about Bill, considered him a godchildren, à ¢Ã¢â€š ¬Ã…“would always look after himà ¢Ã¢â€š ¬Ã‚  showed general care and even was in the process of changing her will to leave the properties to Bill, however, without the legal procedure, it would not be a valid will and the idea would just remain as not legally enforceable. Consequent to the factors above-mentioned, there was not oral will or written will in favor of Bill furthermore there was no gift. Thus Bill does not have any interest to the said property. Cause of Action Be that as it may, Bill may still acquire the interest to the property by proving that he is and was a dependent to Ann. Bill gave up all that he had in order to work for Ann. This aspect was prevalent and recognized by all that were close to the two. Bill was thus dependent on the salary and the accommodation as provided by Ann. This aspect thus puts Bill w ithin the legal understanding of a dependent and thus gives him the lucus standi to create a law suit in relation to the property at hand. The first suit should seek an injunction against the activities of the bank. He is to argue that Ann had no sufficient title to pass interest of the said property. Consequent to this, the bank did not acquire good title to the land. Furthermore the bank ought to have exercised due diligence and established who the registered owner of the bank. The sue should seek a permanent injunction against the activities of the bank. In Conclusion, with the facts, cases mention above, unfortunately, Bill would unlikely to have any beneficially rights to the Luneborough property based on the main reason of he did not financially contribute to the property[7] and his name was not stated in Anaà ¢Ã¢â€š ¬Ã¢â€ž ¢s last written will, therefore he would not have any rights towards the Luneborough property. 1533 words Bibliography Books T. Murphy, S. Roberts T. Flessas, à ¢Ã¢â€š ¬Ã…“Understanding Property Lawà ¢Ã¢â€š ¬Ã‚ , Sweet Maxwell, 2012, 4th edition R. Smith, à ¢Ã¢â€š ¬Ã…“Property Lawà ¢Ã¢â€š ¬Ã‚ , Pearson Longman, 2011, 7th edition [1] Murphy T., Roberts S. Flessas T., à ¢Ã¢â€š ¬Ã…“Understanding Property Lawà ¢Ã¢â€š ¬Ã‚ , Sweet Maxwell, 2012 , page251-258 [2] Dillwyn v Llewelyn (1862) EWHC Ch J67 [3] Burns v Burns (1984) Ch 317, 1All ER 244 [4] Jones v Kernott (2011) UKSC 53 [5] ibid [6] Burns v Burns (1984) Ch 317, 1All ER 244 [7] Burns v Burns (1984) Ch 317, 1 All ER 244

Health care-long term and capstone discussions 2 Free Essay Example, 1000 words

It therefore becomes a liability that is based on legal grounds. In most cases these agencies certify medication for some patients who do not qualify care. Some services that should not be covered are described in deceptive way so that they appear to be on cover. According to Weinberg (1998), bills of the same service are duplicated to be submitted all together. Claim forms are also altered so that large amounts of payment may be made. However, some agencies do have oversight authority. Home health agencies normally protect the rights of a patient, prevent abuse and fraud and set quality standards. The certified Medicare agencies appoint a governing body, sufficient staff and administrators that are qualified to provide skilled nursing, rehabilitation and medical equipment. Non certified agencies on the other hand pay the patients who have insurance cover and those who pay cash from the pocket. But some long term care such as home health is a liability at a given point. Most of its personnel are unsupervised hence monitoring is mostly made difficult. It is therefore true that health care agencies neglect hiring, supervision of staff and credentialing thus subject to liability. We will write a custom essay sample on Health care-long term and capstone discussions 2 or any topic specifically for you Only $17.96 $11.86/pageorder now Question 3-Captsone Consider the following statement: Plans in and of themselves are not especially useful; however, the planning process is invaluable. Evaluate and discuss what you believe is meant by this statement. Select an example from a real life health setting and discuss how this statement would apply. Plans are not that useful with time lets say for example within a day, week or a month no matter how good they may be. They are good in our lives but they become outdated with time since things keep on changing depending on different circumstances. Human beings live in a society where information changes resulting in change of goals. It is the planning act that prepares us on how to deal with this changing environment. As we go through the process of planning, it makes us realize the various alternatives that we might be having. By enabling us understand the pitfalls and improve on our goals planning helps us come up with the real plan which we are able to improve when things change. Plans in life guide us and define our movements thus they must have deadlines or time frame (Anderson 2006). This statement applies in real life situations. If my goal in life is to turn out to be healthy and a golf player, for example, then I will have goals such as to lose weight, increase my fit ness work on my diet and also work on my game.

How to Conjugate Prêter (to Loan) in French

The French verb  prà ªter  means to loan. When you want to change it to loaned or will loan, a verb conjugation is required. The good news is that this is a regular verb, so conjugating it is relatively easy compared to others. A quick lesson will introduce you to the essential forms of  prà ªter  youll need. The Basic Conjugations of  Prà ªter Prà ªter is a regular -er verb, so it falls into the largest category of verbs found in the French language. If youve already committed words like rester (to remain) or utiliser (to use) to memory, you can apply the same rules to this verb. With any conjugation, start by finding the verb stem (or radical). For  prà ªter, this is  prà ªt-. To this, a variety of endings are added to match both the tense of the sentence as well as the subject pronoun. For example, in the indicative mood,  je prà ªte  means I am loaning and  nous prà ªtions  means we loaned. Present Future Imperfect je prte prterai prtais tu prtes prteras prtais il prte prtera prtait nous prtons prterons prtions vous prtez prterez prtiez ils prtent prteront prtaient The Present Participle of  Prà ªter The  present participle  is easy to form as well. An -ant  ending is added to the stem of  prà ªter  to create the word  prà ªtant. Prà ªter  in the Compound Past Tense For the past tense, you can use the imperfect or the  passà © composà ©. The latter is a compound and requires you to use the  past participle  prà ªtà ©. First, however, you must conjugate the auxiliary verb  avoir  into the present tense. Its actually quite easy. I loaned is  jai prà ªtà ©Ã‚  and we loaned is  nous avons prà ªtà ©. More Simple Conjugations of  Prà ªter The forms of  prà ªter  above should be your top priority, but there may be times when youll need to use the verb in more subjective terms. For instance,  the subjunctive  calls the act of loaning into question while  the conditional  implies that its dependent on something else. The passà © simple  and  the imperfect subjunctive  are used less frequently. Youll likely only encounter them in formal French writing as they are both literary tenses. Subjunctive Conditional Pass Simple Imperfect Subjunctive je prte prterais prtai prtasse tu prtes prterais prtas prtasses il prte prterait prta prtt nous prtions prterions prtmes prtassions vous prtiez prteriez prttes prtassiez ils prtent prteraient prtrent prtassent The French imperative  may not be as useful for a word like  prà ªter, but its good to know anyway. The important rule here is that you dont need the subject pronoun: use  prà ªte  rather than  tu prà ªte. Imperative (tu) prte (nous) prtons (vous) prtez

Antigone, The Universal And Most Heavily On A Hostile...

While myriad themes that pervade themselves throughout the entirety of Sophocles’ Antigone, the universal and most heavily manifested theme is that regarding the conflict between how individuals choose to make decisions in a society: should one fulfill religious and familial obligations even when they contract the ruling of the state, or rather should the government be able to supersede divine right? In the traditional Greek plays, the familial structure plays a significant role in governing the actions of characters and causing conflicts, such as in the case of Oedipus marrying his mother out of ignorance of familial connection because of divine rule and fate. Moreover, the role of hospitality and the almost unbreakable bond of family are†¦show more content†¦Sophocles thereby highlights Creon’s injustice by showcasing not only the immorality of his actions but also how he easily breaks familial bonds to maintain power and establish a strong government. Du Ga o Idealism: The Root of Antigone’s Downfall in Sophocles’ Antigone Sophocles’ Antigone centers around a familial feud that develops between Antigone and Creon when Antigone decides to bury her brother and Creon’s niece, Polynices. While Antigone believes that it is her religious and familial duty to bury her brother, Creon objects, citing the Theban civil war which took place right before the events of the play. Adhering to Greek literary tradition, Sophocles ultimately seeks not just to entertain the audience, but also to teach a moral lesson, in this case about the consequences that ensue when a tyrannical ruler disobeys divine rule, violate religious obligation, and attempt to place government over religion. In developing the plot and conflicts of the text, Sophocles explores three unique but interconnected themes. Sophocles first considers the role of the individual versus that of the family, then rule by consensus versus that by a monarchy, and finally obligations to religion and tradition versus those to the state. The underlying conflict of Antigone, therefore, is not simply that between Antigone and Creon, but also between the themes

The Cold War And Its Effects On The Soviet War - 1343 Words

Cold War Midterm Czechoslovakia 1968: Liberalization in the Eastern Bloc Michael Fritz Excelsior College September 17, 2014 The political landscape, economic climate change and religious beliefs all factored into the Cold War due the fact that it lasted nearly 5 decades. The Cold War changed histrionically from each administration change that every nation faced during these long time periods. In the Soviet Union political landscapes went from Stalin to Khruschev then Brezhnev, each impacting the Cold War with significant actions. In the film Czechoslovakia 1968: We Don t Want to Live on Our Knees explains after the suicide of Hitler the fascist regime merely changed from Hitler’s â€Å"Third Reich† to Stalin’s â€Å"Red Army† in 1944-45. The same could be seen in Khruschev who shifted from non-aggressive too aggressive in Hungary October 31st 1958 (Zubok, p.117). Next, Soviet leader Leonid Brezhnev invaded Prague, Czechoslovakia in the spring of 1968, which was dubbed the Brezhnev Doctrine, which states â€Å"Moscow has the right to intervene in any country where a communist g overnment had been threatened.† (History.state.gov, 2014). This oppression could be felt in economical, religious and cultural facets as well and all made subsequent Soviet/American relations increasingly difficult. First, through Stalin’s aggression over the Eastern bloc after the fall of Nazi Germany, Soviet communism was seen as the repressor. Then Khruschev sought to â€Å"de-Stalinize,† once coming toShow MoreRelatedCauses And Effects Of The Cold War1370 Words   |  6 Pagesand Effects of the Cold War Richard Nixon once said of the Cold War that â€Å"the Cold War isn t thawing; it is burning with a deadly heat. Communism isn t sleeping; it is, as always, plotting, scheming, working, fighting.†(www.brainyquote.com). 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CheckPoint Conflict Free Essays

Conflict is an inevitable part of life whether it is in relationships, socially, or between nations. Most conflicts arise from differing points of view on actions or goals and how they are handled can lead to a ceasefire or the breakup of one’s relationships. Conflict resolution skills are needed when navigating the stormy waters of conflict. We will write a custom essay sample on CheckPoint: Conflict or any similar topic only for you Order Now How one perceives the goals and intentions of others can lead to misconceptions. When an individual or group perceives another’s intentions are harmful conflict will arise. It is human nature to believe that one’s group is different or better than another group. Forming an â€Å"in-group bias† will lead one to look for evidence to support one’s negative opinions of others. Stereotyping is often behind negative opinions and misconceptions that lead to conflicts. Perceptions are the way a person thinks or views another so, perceptions would factor greatly into conflicts. A negative mirror-image perception will cause one to over exaggerate the differences often held by parties in conflict; for example, each party may view itself as ethical and peaceable and the other as wicked and hostile. Viewing others in this light will only inflame the controversy and lead to more conflict. Learning how to view conflict differently can bring about peaceable solutions. Certain methods must be employed for reconciliation to occur. Exposure and close proximity will lead to learning more about the other person. A better understanding helps to foster closeness and common interest. If one is around someone regularly, one will learn how to get along with the other person. When parties whom are at odds with each other work together on a common goal, they each learn to develop comradeship. Cooperation can facilitate in conflict resolution as well. Communicating effectively in conflict is huge in learning to resolve issues and have reconciliation. Negotiations when resolving conflicts should include bargaining, mediation and coming to an understanding with each other. If you cannot communicate with someone properly, this will lead to more conflict. How to cite CheckPoint: Conflict, Papers

Continuous Improvement Practice In Large -Myassignmenthelp.Com

Question: Discuss About The Continuous Improvement Practice In Large? Answer: Introduction Continuous improvement is immensely important and is now much more required to sort out the process related issues that may affect the business badly. Such issues need to be identified before it becomes an epidemic and disrupt the relevant area (Jarocha et al. 2015). Continuous improvement is required for few good reasons like ensuring a sustained business practice, reducing the potential threats that are there at the workplace and implementing a change required to mitigate the identified threats (Jarocha et al. 2015). Benefits of continuous improvement philosophy in business: There are ample of benefits of implementing the continuous improvement process. The first and foremost benefit is the identification of potential organizational threats that could not have identified if not has been put on the inspection or monitoring. Another benefit is the mitigation of threats that could be in any form like an incremented turnover rate. The ultimate benefit of the continuous improvement process is to maintain a progressive chart of success (Singh and Singh 2015). People that need to be encouraged to get involved in the development of continuous improvement process: It depends on the area of development which the development process is focused on. If the improvement process is related to motivating the employees then in such process contribution from employees, the trainers, the human resource management, and the management team will be required. On the other hand, if an improvement is being felt necessary for the financial department then this will include the finance department of the company in concern (McLean, Antony and Dahlgaard 2017). Explaining with reasons why these people have been selected and what will be there contributions: In case of improving the employee performance, trainers will be included as they will train the employees in the required areas. The HRM of the company will design the training plan and the management will support the training program with sufficient funds. In case of improvement in the financial performance, executives from the finance department will be included in order to understand where the problem lies in (Cohen-Vogel et al. 2015). Suitable strategies to support the implementation of continuous development program: There can be several strategies to implement the continuous improvement program; however, effective organizational communication, effective support of management and the training requirements will generally do the needful (Carnovale et al. 2016). Communication will let the information gets circulated to the staffs. Moreover, they will also be able to support the improvement process. Management will help the process with the required funds. Training is perhaps a key to success in any improvement process as this helps staffs to integrate with the elements of improvement (Carnovale et al. 2016). Learning skills for managers to coach and mentor staffs, and the types of methods to be used: Coach needs to have the ability to make the staffs understand the improvement process. They are associated with the coaching process for a short period of time. A coach can use a training style divided into few sessions to make staffs understand the process. On the other hand, mentor used to have a long-term association with the employees. A mentor can go with the feedback process, which will help the staffs to learn from the mistakes and repair the damages done before (Stadnicka and Antosz 2015). Information that will effectively help to monitor the effectiveness of the continuous improvement program: To monitor a continuous improvement process, it is necessary to first identify the areas of improvement. Once the identification has been made then there is the need to set up the few performance indicators (KPIs) in order to judge whether there is any change post the implementation process. The performance-based indicators will help to judge the identified area on the specified performance indicators (Podgrski 2015). For example, if the turnover rate is high then post the implementation process, the turnover rate will be monitored to check whether there has been any change. Why continuous improvement process should be monitored and what are the methods for it: It is very important to monitor the continuous improvement process as this will educate on the progress of the implemented change. The improvement process is planned to bring a minor change in the organizational process. It is of no use to do nothing after implementing the continuous improvement process as this may not produce the anticipated result. This is indeed required to regularly monitor the improvement process till the time span that has been set for the improvement process. It can be beneficial in several ways like any shortcomings will be identified and can be treated within the set deadline. This will also help to save on the investment as structuring a new improvement process will ask additional monetary values (Wells et al. 2017). Progress can be monitored through different ways like setting up a few simple performances based indicators (KPIs), maintaining an up-to-date data, using the dashboards and checking whether the progress is in alienation with the operational goals (Podgrski 2015). How to communicate and implement the changes which are common during a continuous improvement program: Communication in regards to the improvement process can be done in numerous ways like by the mails, through the circulars and with the help of the supervisors. In addition to this, the communication can also be made through different other ways like a face-to-face announcement, panel discussion, team meetings, workshops and videos webcasts updates (Bloom et al. 2014). The implementation of the improvement process needs to first identify the required resources which are vital to the continuous improvement process. These include but are not limited to like the physical, financial and the human resources. Post implementation, there will be the need to do the evaluation process as to check whether everything has moved according to the planned schedule (Bloom et al. 2014). Sustainability requirements that improvement practices may have to meet: Sustainability requirements may have to meet with the help of the improvement practices. However, this will differ depending on the circumstances. For example, if the improvement process is for addressing an issue related to an employee performance then the process should constantly focus on the performance. If a positive impact is not experienced in regard to employee performance then this will not be termed as have met the sustainability requirements (Dyllick and Muff 2016). Another example could be a change for improving the business performance that has been hampered by an incompetent customer service. In such case, the continuous improvement process will focus on whether there have been any changes in the customer service standard after implementing the continuous improvement process. Identifying the relevant environmental legislation and the purpose for it in the chosen state and industry: The Australian companies can contribute to the environmental legislation through an ethical practice of the suitable legislation. The Federal, local and the state governments jointly take care of the environmental-related legislation. They may create troubles for organizations if there is any violation of environmental legislation. The Environment Protection and Biodiversity Conservation (EPBC) Act will be very much suitable for the chosen hotel industry in the New South Wales. This is because the legislation covers a wide area such as the importing, the sea, hazardous waste, heritage issues and the fuel quality. The basic purpose of this legislation is to ensure a reduced hazardous wastage in the sea, safety of the heritage issues, taking cares of the importing business and the fuel quality to ensure an environmentally friendly atmosphere (Bilotta, Milner and Boyd 2014). How manager can ensure that the team members are informed of the improvement process. Additionally, what feedback or lack of feedback can affect the staffs? The manager must make sure that employees are being informed of the improvement process. The assurance can be made by meeting with the different team on one-to-one basis. The meeting will be arranged only after the communication process is over. In a team meeting, the manager will allow every single staff to say something about the process of what they know about it. Such questions will help the manager to understand whether the employees have related them to the continuous improvement process (Singh and Singh 2015). Feedback is very necessary as this will help the managers to know whether there is any challenge faced by the employees. Moreover, this may also put forward some important finds that will be needed to undergo a quick repair. Feedback does also help to make others understand the few issues which they might not have understood if not have been spoken on (Singh and Singh 2015). What information can help the manager to identify that there is a need of an improvement: Managers may know the requirement to implement a continuous improvement program in numerous ways like the falling graph of business performance, increased turnover rate, reduced standard of customer service and a reduced employee motivation. These are the few circumstances that tell of the needs for a continuous improvement process in relation to an operational practice (Singh and Singh 2015). Falling graph of business should be seriously considered as these are a clear indication of probably an outdated service or an incompetent product. This can also be an outdated marketing potential. An increased turnover rate will simply mean that the employer is not able to provide the best in industry offers to its staffs. Offers can be in terms of competent salary package, the work environment and the other benefits (Singh and Singh 2015). What is a knowledge management system? Knowledge management system is a way to store the knowledge and utilize those at the time when it is required. The management can be done by using the different information technology (IT) related systems. Such IT systems include but are not limited to like the data warehousing, data mining, decision support systems, simulation tools and artificial intelligence tools (Premkumar et al. 2014). These systems are used like a database, which is kept secured for future use. For example, training staffs on the enterprise resource planning (ERP) database is one of the kinds of the knowledge management system (Premkumar et al. 2014). On a similar note, the learning from a software-enabled system in an accounting is the other kind of knowledge management system. 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