Shark Company (the Mortgagee) case - Free Essay Example

Sample details Pages: 3 Words: 1033 Downloads: 2 Date added: 2017/06/26 Category Business Essay Type Cause and effect essay Did you like this example? Introduction Our client is Shark Company (the Mortgagee), who has a legal charge over a house owned by Sally Bean who is the sole registered proprietor. She purchased the property with her own funds a year ago and lives there with her husband (the spouse). The aim of the mortgage was to secure funding for a business venture, for her benefit. Don’t waste time! Our writers will create an original "Shark Company (the Mortgagee) case" essay for you Create order One of the terms of the mortgage was that no tenancies were to be created by Sally. She grants a tenancy to Anne Fogg (the tenant) of a portion of the property. Sally has marital difficulties and later moves out of the property and stops paying the mortgage. We need to consider the relevant case law and statutory sections in relation to the rights of mortgagees and mortgagors. The Law Shark and company have a legal charge over the house for a mortgage of pound;40,000.00. A mortgage constitutes a disposal. At the time of the mortgage, Sally was living in the house with her spouse. She subsequently contravened the mortgage by creating a tenancy. In addition, she has now stopped paying the mortgage. According to the terms of the mortgage, the principle sum would now fall due. The mortgagee would now look to enforce the terms of the mortgage and if necessary sell the property and recover the amount owed. To do this, they would need to secure vacant possession. There are two people in occupation namely the spouse and the tenant. Firstly, we need to consider the position of non owning spouses against purchasers (mortgages). This was set out in the case of National Provincial Bank Ltd v Ainsworth. 1 The House of Lords held in this case that a spouse who has no proprietary interest in the matrimonial home has no occupation rights that she can enforce agains t a purchaser. The effect of this case meant that a person could leave his wife and family and sell or mortgage the family home in which they lived and as a result leave his family homeless. This prompted the legislature to intervene, which has now resulted in the Family Law Act 1996 (FLA 1996), which at s30 confers so called Matrimonial Home Rights on a spouse who is not the owner of a matrimonial home. These include the right not to be evicted or excluded if already in occupation and a right, with the leave of the court, to enter and occupy if not already in occupation. S31 of the act states that these rights constitute a charge on the estate or interest of the other spouse. As the land in our problem is registered, this right should have be protected by an entry of a notice in the register as stated in FLA 1996, s31 (10) a. Furthermore, these rights cannot constitute an overriding interest in terms of FLA 1996, s31 (10) b. If the spouse in this instance protected hi s right to remain in occupation by entry of a notice in the register, then the mortgagee cannot enforce its rights and obtain vacant possession. If not, then the spouse has no rights to remain in actual occupation as the right cannot be an overriding interest. In addition, the spouse may be able to bind the mortgagee as a person in actual occupation of the property. The LRA 2002 provides that overriding interests will override registered dispositions. Matrimonial home rights, as described above, cannot be overriding interests, but the spouse may be protected by virtue of the rules relating to persons in actual occupation. LRA 2002, Schedule 3 Paragraph 2 concerns the interests belonging at the time of the disposition to a person in actual occupation. These interests will override the interests of the purchaser unless certain exceptions exist. One exception is where an inquiry was made to the occupier before the disposition and the occupier failed to disclose the right when he could reasonably have been expected to do so. Another exception is if the interest- (i) which belongs to a person whose occupation would not have been obvious on a reasonably careful inspection of the land at the time of the disposition, and (ii) of which the person to whom the disposition is made does not have actual knowledge at that time, then the occupiers right will not override the purchasers right. The effect of the above provisions is that if one of the exceptions applies, even if the person is in actual occupation, then their interest will not be overriding. Generally however, if a person is in actual occupation, their interest will override a registered disposition. Now we need to consider the meaning of actual occupation. The fact of the occupation is what matters as was stated in Williams Glyns Bank Ltd v Boland. There must generally be a physical presence on the land. The nature and purpose of the property that is occupied is important. In Malory Enterprises Ltd v Cheshire Homes (UK) Ltd Malory Enterprises was developing land and it claimed an overriding interest it. It had maintained fences around the land and taken measures to exclude trespassers. The Court held that this was sufficient as there was a physical presence and permanence and continuity. The timing of actual occupation was considered in Abbey National Building Society v Cann and it is clear that the person must be in actual occupation at the time of the granting of the mortgage, for the mortgagee to be subject to her interest. This means that the tenant cannot be regarded as a person in actual occupation of property and cant be protected under this provision. The spouse was in actual occupation at the time of the mortgage, and the mortgagee will be subject to his interest. Advice to Shark and Co At the time of granting the mortgage, the spouse was in actual occupation. Unless Shark and Company acquired his consent to the mortgage and obtained his agreement to grant vacant possession, in the event of legal proceedings, they would be subject to his overriding interest. He doesnt have this interest because of matrimonial home rights, but rather as a result of his actual occupation. The tenant was not in occupation, when the mortgage was taken out, and so, her right would not bind Shark and Company.

The Decision Model For An Acronym - 1284 Words

In the decide model each letter stands for an acronym that will make it easier for someone to make a decision. The D in the decision model stands for â€Å"define the decision,† this helps the individual realize what information they will need in order to make the decision. For example, what background information is needed and how will that information be used in making the decision. For my family, the decision that was made was to send my brother and me off to college; so we can help our parents out when they grow older, and cannot work any more. The E stands for â€Å"estimating the resources needed†. How much energy, time, money, and information will be used in making the decision. My parents had to estimate the amount of time and money that they would be spending in order to send my brother and me off to college. C stands for â€Å"consider the alternatives.† One wants to consider all of the alternatives they have, yet they have to consider the resources tha t are practical for them because of cost and time. My parents had to consider the alternatives about not sending us off to college. My brother and I did not a have to attend college. We could have found decent jobs instead that had benefits and could have help support my parents. However, finding a job like that now with out a college degree is hard to come by. The I in the model represents â€Å"imagine the consequences of alternative course of action.† This means that the person who is making the decision should think of himself orShow MoreRelatedSpanish National Health System Case Study878 Words   |  4 Pagesof the so-called Welfare State, the Spanish National Health System (SNS, in the Spanish acronym) was not reached until the end of the Franco dictatorship, emerging with a significant delay compared to other European countries. 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Sartre s Views On Human Beings Essay - 1302 Words

Jean-Paul Sartre claims that essence comes before existence for artificial artefacts, for example a paper knife. However, this claim set forth is differed when it comes to human beings as Sartre argues that in this instance existence precedes essence as humans first exist and define their purpose through existing. However, this according to Sartre is not an individualistic view but what one man does will define all of mankind as there is no prior essence of human beings thus the image is fashioned in our actions, our thoughts and our interactions with others. In this essay I will expand and explain the claim that existence precedes essence, how Sartre thinks this is the case, through his atheist view that God does not exist and because of this humanity cannot base actions upon an essence that does not exist, resulting in the conclusion that he is in fact right. Furthermore, I will discuss the implications resulting from this claim that our own meanings, valuing our acts accordingly, and an individual’s freedom is absolute and unbound. The proposition, â€Å"If†¦ existence precedes essence and we will to exist at the same time as we fashion our image, that image is valid for all and for the entire epoch in which we find ourselves.† , holds central to existentialism, disputing the traditional philosophical belief that the essence (the nature) precedes the existence (the mere fact of its being). Sartre sets forth this claim on the belief that human beings have no predeterminedShow MoreRelatedSartre s Theory Of The Radical Freedom Essay1685 Words   |  7 Pages‘radical freedom’ of consciousness Jean-Paul Sartre in his book ‘Being and Nothingness’ provided us with a new interpretation of freedom consistent with his famous account on existentialism. 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Ethical Dilemmas Of Attorney Client Privilege - 1153 Words

Abstract Merriam-Webster dictionary defines an ethical dilemma as a problem where a person has to choose between a moral and an immoral act. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). The privilege is a legal doctrine that protects confidential information, the contents and actions related to the privileged communication must preserve the integrity of the attorney-client privilege. This paper presents the ethical dilemmas of the attorney-client privileges, trust and the importance of adequate closure in attorney-client relationships. Ethical Dilemmas Between Attorney-Client Attorneys are to represent their clients as members of a legal profession. As long as there has been an attorney-client case, there has been disputes regarding the attorney s loyalty to their clients. Ethically, the adverse action implicates important professional values which include the obligations of legal professionals to provide services to those that need them, to become fully informed regarding legal matters to ensure competence, and to hold confidential clients communication. The attorney should always be truthful as well as trustworthy. According to Banks, â€Å"trust is an aspect of professionalism, and the encouragement of trust has become a fundamental characteristic in a professional relationshipShow MoreRelatedEthical Dilemmas Of Attorney Client Privilege1157 Words   |  5 PagesMerriam-Webster dictionary defines an ethical dilemma as a problem where a person has to choose between a moral and an immoral act. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). 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It gives us a guide for living life without giving us specific rules for resolving ethical dilemmas. Justice is the call for a fair and even response to wrong behavior. Although it calls for fairness in all things, As a concept it’s often appealedRead MoreThe Legal, Ethical and Managerial Concerns of Employee Monitoring1395 Words   |  6 PagesThe Legal, Ethical and Managerial Concerns of Employee Monitoring Employee monitoring has emerged as a necessity and yet as a very controversial issue due to the widespread use of technology. Employee monitoring is the act of watching and monitoring employees actions during working hours using employer equipment/property. This phrase can be a little scary as an employee, where is the line? The restroom is their property; thankfully there are employers who know their boundaries. Legally employersRead MoreEthical Concepts That Represent Fairness, Honesty, And Respect For All Human Beings792 Words   |  4 Pagesbecomes unconscious. 1. Define 5 ethical concepts. There are five ethical concepts that represent fairness, honesty, and respect for all human beings and these ethical concepts often arise in interactions between healthcare providers and their patients. These concepts are autonomy, beneficence, nonmaleficence, justice, and confidentiality. These concepts are great in theory, but applying some of them to practice can at times be difficult and lead to ethical dilemmas. a. Autonomy means that an informedRead MoreBusiness Ethics Essay1572 Words   |  7 Pages31: Constitutional, Contract, Criminal, Evidence, Property and Tort Law 32: List and explain Nash’s, Drucker’s, Buffet’s, Blanchards and Peale’s comprehensive approach for resolving ethical dilemma Drucker: â€Å"Above all do no harm.† Intentionally making decisions that will not do harm will encourage ethical decision-making. Buffet: front-page-of-the-paper test, it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision.

Reflective Learning Portfolio

Question: ExplainReflective Learning Portfolio. Answer: Participation in the class learning process has helped me gather an in-depth knowledge about the topic Industrial relation. I have obtained greater understanding and knowledge on this topic in my classes, under the guidance of my class teacher, who specializes in this topic. In the first week, I have learned about the different theories related to employee relation and their applicability in actual practice. For instance, from the Unitarism theory of employee relation, I have understood that organizations are regarded as a collection of individuals and groups having the same goals, interest and values. I have come to understand that the central authority of the organization remains vested in the hands of the managers of organizations. According to this theory, it is only the manager, who will be responsible for forming the rules and regulations of organizations. These rules and regulations will be formed with an aim to instill loyalty in employees and keep them under control. This th eory is applied in such a situation, where conflictions among employees are at high level and the mangers are to strictly control these conflictions (Tapia, Ibsen and Kochan 2015). Apart from that, I have also learned about scientific management theory that synthesizes and analyzes the workflow of the employees. I have understood the rationality of this theory, which lies in improving the economic condition and productivity of the employees by maintaining a high level of harmonious relationship with the employees. In addition to this, I also learned about the Pluralism theory of employee relation, in which the managers of organizations maintain a well-established employee relation by decentralizing the power. According to this theory, managers dedicate some authority to the employees. This theory is applicable in such situation, where employees are capable enough to take responsibilities of their organization (Cox 2015). Furthermore, I have learned about Dunlops theory of employee r elation, which is dependent on the hierarchy of managers, workers and the government agency. Employee relation is also dependent on technological, market and shared ideology of the actors (Nakano 2014). In the second week, I learned about the context in which employee relation occur in organizations. Employee relation occurs in various contexts and is influenced and limited by the same. These contexts can be segregated on numerous grounds. I realized that employee relations are best maintained during the negotiation process with management. Negotiation may take place between the employees and management, when employees demand some benefits from the management in terms of wages, working condition and other benefits (Lansbury and Bamber 2013). Apart from that, I have also understood that the employee relation can best be developed, when the representatives of employees enter into a discussion with management regarding their organizational condition. In the third week, I have come to understand the role and importance of Trade Unions in determining the wage for the employees of organization. Trade Unions have complete power on the demand and supply of labor in the labor market. Trade Unions have the authority to negotiate with the management regarding the wellbeing of the employees (Nakano 2014). Through leadership, the Trade Unions bargain with the management to determine the remuneration. I have learned that collective bargaining is the process through which Trade Unions can achieve a collective agreement for the employees regarding the remuneration. I feel that Trade Unions exercise some amount of rights on the employees and often act as mediators between the employees and the employers. They make sure that they are able to voice the concerns of the employees to the management.. In this way, the conflicts among the employers and employees are minimized. It also increases the productivity of the organization that actually facil itates in developing the economy of the organization. In the fourth week, I have realized that there are numerous legislations for conducting employee relations within organizations. These legislations have great impact and influence on the conduct of employee relations. The first legislation that I have learned regarding employee relation is Employee Compensation Act 1923. In this act, the employers are restricted to set a working time of 8 hours. This Act suggests the employers to provide adequate remuneration so that employee relation can be maintained. Apart from that, I have understood the rationality of Equal Opportunity Act 1984 that provides equal opportunity to all the employees in terms of employment, remuneration and promotion. In the concept of industrial relation, I have come to know about some of the major causes of industrial confliction. In the fifth week, I have learned about the wage and benefit factors in industrial conflict. The organizations are likely to reduce the cost of the organization through low payment to the employees. Apart from that, I have also realized that many employers increase the working hours of the employees with an intention to increase organizational productivity. Conflicts can arise when employees are asked to work in excess and for a longer duration beyond their normal working hours (Keune and Marginson 2013). Moreover, I have also realized that organizations often tend to cut down the workforce structure with an aim to reduce cost. This in turn leads to industrial conflicts. In the sixth week, I have learned some of the managerial strategies for employee relation that can enhance industrial relation. I have realized that the manager should practice a participative managerial style for engaging the employees in the organizational progress. The manager should delegate some authority to the employees so that they can feel a sense of value within their workplace (Sen and Lee 2015). It is my perspective that a high sense of value will facilitate the employees to build a higher level of employee relation. Reference List Cox, A., 2015. The pressure of wildcat strikes on the transformation of industrial relations in a developing country: The case of the garment and textile industry in Vietnam.Journal of Industrial Relations,57(2), pp.271-290. Keune, M. and Marginson, P., 2013. Transnational Industrial Relations as Multià ¢Ã¢â€š ¬Ã‚ Level Governance: Interdependencies in European Social Dialogue.British Journal of Industrial Relations,51(3), pp.473-497. Lansbury, R.D. and Bamber, G.J., 2013. Technological Chang, Industrial Relations and Human Resource Management.New Technology: international perspective on human resources and industrial relations (London: Unwin Hyman, 1989), pp.3-37. Nakano, S., 2014. Maastricht Social Protocol Revisited: Origins of the European Industrial Relations System.JCMS: Journal of Common Market Studies,52(5), pp.1053-1069. Sen, R. and LEE, C.H., 2015. Workers and social movements of the developing world: Time to rethink the scope of industrial relations?.InternationalLabour Review,154(1), pp.37-45. Tapia, M., Ibsen, C.L. and Kochan, T.A., 2015. Mapping the frontier of theory in industrial relations: the contested role of worker representation.Socio-Economic Review,13(1), pp.157-184.

Poetry Analysis Mezzo Cammin free essay sample

The poem Mezzo Cammin by Henry Wadsworth Longfellow explains his regretful life and his reasoning at why he didn’t live it to its full potential and how he looks at his past. It then looks to his future as being near and bearing a huge weight down on him. The way Longfellow talks about his life is depressing. He doesn’t speak of the good accomplishments, only the things he hasn’t done until he looks back into the past and then forward at how the future may be. In the first part of the poem Longfellow talks about his life being halfway over and everything that stopped him from really living his life. In the very first couple of lines he says â€Å"I have let the years slip from me and have not fulfilled the aspiration of my youth, to build some tower of song with lofty parapet. † This talks about what he wishes he could’ve done while he was young and the things he wishes he accomplished were extraordinary things, so his regret is unneeded in my perspective. We will write a custom essay sample on Poetry Analysis Mezzo Cammin or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He goes on to explain he cared to much about the world around him to get the things he wanted done, â€Å"Of restless passions that would not be stilled, but sorrow, and a care that almost killed, kept me from what I may accomplish yet;†. After telling of all the regrets he has, he metaphorically explains his life as a hill and he is at the peak looking back to the past. He sees it as a city â€Å"A city in the twilight dim and vast, with smoking roofs, soft bells, and gleaming lights†. The way he explains the city seems very peaceful. The way he describes soft bells and gleaming lights doesn’t seem like a horrible place to be. This makes his look on his past questionable as if he sees the regret as something silly now, and he doesn’t still feel those feelings because his past was a good place. Or in another view he could be seeing his past as boring and nothing really occurred. He describes it as night time with smoking roofs which could be perceived as a quiet place where nothing exciting happens. This could be how he sees his past life and why he regrets not having accomplished many things. At the end of the poem, Longfellow speaks of the future. He describes it strangely, â€Å"And hear above me on the autumnal blast The cataract of Death far thundering from the heights. † These lines are very open ended and in one way he could be speaking of death as far away by the way he describes the thundering waterfall very high up. The reference to height could mean its at a good distance that he can see it, but its still far away. It could also mean he has more of his life to live up to and his regretful past doesn’t mean much to him anymore because he has his future to look forward to as he is on his metaphorical hill of life. In another view, he could be describing death as being right around the corner and him looking right at it when he describes the waterfall. You could look at it as him having a life threatening disease and him knowing his death is coming soon, which could also describe the way he views his past full of regret. If he knew the end is coming soon and he doesn’t believe he fully lived his life to how he wishes, the regret is understandable and the cataract of death makes sense in this point of view. Overall, this poem shows the past, present, and future of the writer. His life is full of regret at points and then seems hopeful in others. This poem could be viewed in many ways but mostly you understand it as a man who wishes he could change his past because he knows his future is near and his life will soon be coming to an end. References Greene, Erica, Tugba Bodrumlu, and Kevin Knight. Automatic analysis of rhythmic poetry with applications to generation and translation. Proceedings of the 2010 conference on empirical methods in natural language processing. Association for Computational Linguistics, 2010. Austin, Norman. Archery at the dark of the moon: poetic problems in Homers Odyssey. Vol. 302. Univ of California Press, 1975. Dorf, Carol. Composing Mathematical Poetry. CAMPBELL, MARY BAINE. cc Nel mezzo del cammin di nostra vita. Text and Territory: Geographical Imagination in the European Middle Ages (1998): 15. Anderson, Ashley, et al. Historical-Biographical P1. WILCOX, JOHN C., EMILIO PRADOS, and Ignacio Javier Là ³pez. Jardà ­n cerrado (Nostalgias, sueà ±os, presencias), 1940–1946. (1998): 576-578. Hatzfeld, Helmut A. The problem of literary interpretation reconsidered. Orbis Litterarum 19.2†4 (1964): 66-76. MDZ. Yeats at Thirty and Seventy. Poetry (1936): 268-277. Scanlon, Mara, and Chad Engbers, eds. Poetry and Dialogism: Hearing Over. Springer, 2014.