The principle of survivorship Essay Example

The principle of survivorship Essay Example The principle of survivorship Essay The principle of survivorship Essay The next step in the chain is when Julian arranges to meet with Anne and Dick with the intention of selling one of them his share. I feel it is important here to turn our attention upon the letter he sent, for if it was found to be ineffective in severing Julians interest it could then be said that by arranging the meeting to discuss his share coupled with Annes agreement to purchase his share Julian effectively severed his interest through conduct. However, this argument does not always seem to run consistently through common law for it has been shown through cases such as Gore and Snell v Carpenter4 where it was decided that as negotiations, by their very nature, are not always definite no definite intention to sever should could be concluded. However contrary to this idea Lord Denning suggests in the case of Burgess v Rawnsley 5 that in spite of no firm agreement being reached between the parties their mere participation in negotiations for the sale of a share in a co-owned house amounted to a course of dealing that demonstrated sufficient intent to sever. In this case we will take it to be the truth that Julian was able to sever his equitable interest (however it does not pass to any one, it disappears as if it was never there) in the land through the letter and combined with intention to sever but as we discussed above cannot sever his legal title. Because he has severed but not sold his equitable interest to another joint tenant he has become a tenant in common for the equitable interest. On the death of both Dick and Anne ownership can be seen to change yet again. Both are joint tenants (although Dick holds another interest but we will come to that later) of the cottage and as joint tenants are subject to the principle of survivorship. This principle is an inherent characteristic between co-owners in a joint tenancy and states that if a joint tenant dies then his interest in the land is absorbed into the interests of the remaining joint tenants. On the death of any one joint tenant the entire co-owned estates survives to the remaining joint tenants/s. A single joint tenant has no individual share in the land and as such has no share to pass on through his will; it is as if he had never existed. Due to this fact Dicks interest as legal joint tenant effectively vanishes leaving Julian the sole legal owner, and neither Anne nor Dick can pass on their interest in the joint tenancy to whoever stated in their wills, it is simply encompassed by the interests of the other equitable joint tenants. So here we have a situation where Tim is the only remaining joint tenant and so he becomes the sole joint tenant. He is said to be the surviving joint tenant, in the old adage winner takes all, but this is not totally accurate for there are still other interest in the land so he will become a tenant in common. Dick was also in possession of a fifth share of the tenancy in common upon his death, which he received form Georgina when she left for Australia. The principle of survivorship we saw in joint tenancy does not apply in tenancies in common. This means that Dicks will is adhered to and we are told that he left all his property to Georgina. So therefore this interest passes back to her. The question is asking us to advise these parties as to the ownership of the cottage. The final ownership I feel is as follows; Julian is the sole legal owner of the property and holds it on trust for himself and Georgina who both have a one fifth share and Tim who has a three-fifths share and all are tenants in common. If Julian therefore was to sell the property to release the capital then it should be divided in such a way.

Analysis of Nationalism and Ethnic Politics Literature review

Analysis of Nationalism and Ethnic Politics - Literature review Example The point of the existence of nationalism is a nation characterized by shared language, culture, and values. The academic theory on nationalism shows that national identity is usually contested and may reflect in the differences in class, gender, dialect, region, and language. Origin of nationality. The first studies relating to nationalism were mostly historically accounted for by the nationalist movements. Towards the end of the 19th century, the followers of Marx and other socialists showed an analysis that was very critical of the movements of the nationalists. This gives rise to the sociological theories of nationalism which date back to the period after the second world war. Some of these theories discuss issues relating to the identity of the people of a particular nation which are of major impact to nationalists (Smith, 2010). Anthony D. Smith shows the origin of nationalism and creates a synthesis of primordial and modernist views, which are now commonly referred to as an et hnic-symbolist approach. According to Smith, the conditions prior to the formation of a nation include: -A homeland that is fixed(current or historical) -High degree of autonomy -Hostile environments -Memories of battles -Sacred areas and centres -Languages -Special norms and practices -Historical records and way of thought Smith also postulates that the nation came into existence as a result of joining the whole population and not just the elite in the society, the introduction of legal and political institution, ideas from the nationalists, international popularity and the segregation of land by border formation. Research seeks to find out which among the nation or nationalism came first. According to the primordial theory of nationalism, nations are presented to be dating back or at least ethnic groups, as a social reality dating back twenty thousand years as a social reality. However, contrasting this speculation is the modernist theories which to a great extent show that until around 1800, there were no nations. The ideas of a national identity were first introduced by the European states for purposes of modernization and control of the economy and society. The people behind the modernist theory of nationalism view capitalism and printing press as important factors in nationalism. The Approaches to Nationalism The modernist Approach. The modernist approach borrows from the Marxist's traditions and as postulated by Smith, as much as nationalism is a modern concept, he insists that nations too have a pre-modern origin.  Ã‚  

Tell us about a time when you tried to reach a goal or complete a task Essay

Tell us about a time when you tried to reach a goal or complete a task that was challenging, difficult, or frustrating. What did you learn from this experience - Essay Example My role was to ensure that all the variables were working and that the bank registered additional clients as a result of the efforts of the sales department. The organization was experiencing stiff competition that called for aggressive sales strategy. As a sales representative, I was tasked with reaching prospective customers and make them register with the bank and deposit cash into their accounts. The move aimed at increasing the bank’s loanable funds and borrowing from the bank. Traditionally, the bank used personal selling and promotional camps to boost sales. With this in mind, the department arranged meetings with potential customers and gave them the details about the bank’s services. The meetings would also allow customers to ask questions regarding our products in order to contemplate making investment decisions (Pride & Ferrell, 2012). The sales representatives camped in several places to improve the visibility of the bank and its financial products. Despite our efforts, I realized that the realized sales were very few and did not make much impact to the bank’s portfolio. I noted that personal selling strategy was not ideal for the bank since it only reached a small segment of the market (Pride & Ferrell, 2012). As such, I concluded that the bank would require an elaborate marketing strategy to improve sales. The Board of Directors asked me to compile possible strategies that would enable the sales department achieve its mandate. I was determined to prove why personal selling alone was not ideal for the bank. I tabled the results of the study before the Board of Directors. I recommended that the bank overhauls its entire strategy and include advertising in mass media and online marketing. However, the Managing Director of the bank was conservative and determined to maintain the status quo. He argued that the new strategies would increase the cost of sales of the bank, thus

Carla Potter Essay Example for Free

Carla Potter Essay Ceramic artist Carla Potter draws on her roots near the ocean to create sculpture that call the sea life to mind, bringing the vibrant ocean-themed pieces so nearly to life once can almost smell the salt air. With a piece called â€Å"Leviathan†, she inspires the beauty that perhaps an ancient sea monster might not have been able to, and throws in a bit of the serenity of the oceanscape and a fair amount of â€Å"What is that?’ In her artist statement, Potter says that it is the receeding tide that inspires her work. Her medium is clay and though some of her sculptures are also ceramic vessels, much of her work is simply brilliant renditions of the sea life brought back to life with glazes and paints designed to keep them looking wet long after the tide has rolled back out to sea. Potter is from Ketchikan, Alaska, and went to the lower 48 to study dance. While there, she discovered there she could â€Å"express grace† much easier through using just her hands instead of using her entire body (Biography, 2007). She eventually turned her studies to ceramics and earned her bachelor of arts from Humbolt State College (Biography, 2007). Then, Potter wrote athe website that local friends convinced her to act as artist in residence at the elementary schools in her home town for the next decade while raising her own children. During that time, she also participated ins everal solo exhibits throughout Alaska and many juried and combined shows in the rest o the country. Her work can be seen in the Alaska State Museum and several private museums across the state as well as in many private collections. In 2005-2006, she was the artist in residence for the Archie Bray foundation (Archie Bray, 2006). Photographs from Potter’s final exhibit at Archie Bray are available online and show some of the versatility of her work while remaining true to her basic theme of ocean life. In her artist’s statement, Potter writes, â€Å"Flashing golden seaweed, heaps of tumbled, coiled and strewn kelp fronds create a slippery veil over the busy worlds of crabs, tiny fishes, anemones, invertebrates and every texture and color of starfish. It is a wet, three-dimensional brocade that evokes the lavish costumes of can-can dancers or ladies of the night.† Even her words flow as a warm and fun description of the sea themes, but fail to do her work justice. While â€Å"Leviathan† is a simple piece, invoking the image of a stray tentacle sliding up through a pile of damp mussels, her â€Å"Rock Oyster Pitcher† is a maze of tiny details feeling like a pitcher that has been too long at the bottom of the seas and is covered in coral (Artist, 2007). The lovely pitcher calls to mind shipwrecks and lost treasurers and the wonderment that it has somehow survived under the sea. Of particular interest is the delicacy that Potter reflects in this work done in 2000 when compared to the more substantial â€Å"Leviathan.† The other joy of looking at Potter’s work is that she is able to meld form and color to make the viewer feel as though she is about to reach out and touch shells fresh from the sear. Her piece â€Å"Flamenco† from 2002 looks like a sea anemone and feels freshly plucked from a crystal blue tidal pool.(Potter 2002 Collection, 2007). The piece definitely harkens back to the artist’s statement about her work, when she wrote,† Though the look and feel of my work is inspired by life in and around the edge of the sea, the subject matter is closely paired with my experience of culture. I love to combine the pokey squishy surface of a sea cucumber with the dubious comfort and form of Victorian furniture.†(Artist Statement 2007). I love the concept of combining nature and the uptight form of formal furnishings. Her work is like a way to bring the seaside indoors without the stench of something dying in a shell and without having to kill the animal that once called the shell home. Potter’s work is an invitation to those of us who have only seen the sea through old Jaques Costeau images or through Hollywood’s lens. Instead of the highly stylized colors of Hollywood, we have the imagination and memories of a woman who spent her life on the Pacific Ocean and wants to share that love with the rest of the world. Her works somehow manages to call to mind the texture and feel of the tidal pools, an effect she managed to achieve through years of experiments with high temperature glazes (Artist Statement 2004). â€Å"For the past three years I have been experimenting with porcelain and high fire oxidation glazes. These glazes have a surface that is dense with an elusive depth and beauty. The coloration effects would be impossible to replicate with under glazes. It also provides me with a new avenue to explore the marriage of color and form unburdened by objective representation.† (Artist Statement 2004). Indeed the combination of the porcelain and high fire glazes has kept her work with the wet look and the delicacy common to many maritime animals.   An interesting twist in Potter’s work was the creation of a Cake Topper in her 2006 collection. The piece features classic images of Adam and Eve standing in a garden of green barnacles and black mussels. (Potter 2006). The figure work is reminiscent of Michaelangelo’s David, complete with the lack of arms below the mid-bicep. The piece is very classic in feel and amazing given the size of the piece. The piece is just 16 inches tall (Potter 2006). This may be my favorite of the pieces that Potter has on display at her website. It is a wonderful combination of the history of art and the addition of natural beauty to an indoor art piece. The idea that nature’s beauty can be brought inside via Potter’s work is very appealing to me. I find Carla Potter’s work to be inspiring and technically proficient, something that I believe is missing from many modern artists. Her delicate work in porcelain shows that she has the technical abilities to carve lifelong humans and the attention to detail to make a mollusk shell that looks like I should be able to pop it open and have mussels for dinner. The combination of elements makes the work feel much older and more valued, instead of feeling like modern art, something I am not as fond of. WORKS CITED â€Å"Archie Bray Foundation†, http://www.archiebray.org/residents/Potter/Potter.html, November 7, 2007. â€Å"Biography†, http://carlampotter.com/bio.htm, November 7, 2007. â€Å"Carla Potter’s Artist Statement†, http://www.carlampotter.com/statement.htm, November 7, 2007. â€Å"Carla Potter 2006 collection†, http://www.carlampotter.com/, November 7, 2007.

The Importance of Romanticism in Literature Essay -- Literature Essays

The Importance of Romanticism in Literature In Wordsworth’s â€Å"The World is Too Much With Us† can be seen all the classic signs of the Romantic movement of the late eighteenth and early nineteenth century well embodied, complete with a near-worship of nature (â€Å"Little we see in Nature that is ours†¦for this, for everything, we are out of tune†) that was perhaps an understandable reaction to not only the classicism of the prior era, but the sociopolitical realities of the day (such as the French Revolution), a sort of intellectualized version of the hippie movement of 1960s America. Clearly, Wordsworth here is taking a typically Romantic view of the social order and what remained acceptable norms even in religious view (â€Å"I’d rather be a Pagan†¦so might I†¦have glimpses that would make me less forlorn†¦Ã¢â‚¬ ), and a kind of individual, internal, take on the acquisition of truth that echoed the ultra-romanticism of Wordsworth’s fellow Briton, William Blake, in his insistence that he create his own â€Å"systems† lest he â€Å"be ruled by another man’s.† Much of these ideas would appeal, at least in their simplest forms, to much of modern consciousness, rebelling as it does not only against conformity and convention, but the apparent subjugation of the individual by the increasingly dizzying swirl of corporate culture and technological globalization. It is interesting to read Emily Dickinson’s take, as it were, on Romanticism from some five decades after Wordsworth. Dickinson wrote in the wake of the industrial revolution (or at least its initial stages) and fell only somewhat short of Thoreau’s radical view of the railroad as emblematic of technology devouring the human person (â€Å"We do not ride upon the railroad,† Thoreau famously asserted, â€Å"but t... ...hey seen as an outgrowth of Divine effort or merely an existent truth defiant of explanation. In other words, Romantic ideals may manifest themselves where Romanticism is not thought to be hiding in part because, quite simply, many Romantic ideals are common to human existence. The same can be said, of course, of the ideals of non-Romantic movements, and indeed this is so. Readers must be cautious to avoid rejecting the proverbial baby along with the bathwater in the common tendency to reject some truths simply because they are stated by those one considers an ideological enemy. In light of the above, Romanticism undoubtedly speaks to many readers today – as it did in its various reappearances in history – because it offers one side of a balanced coin which considers the individual as well as the collective, and the wonder of nature as well as the reason of man. The Importance of Romanticism in Literature Essay -- Literature Essays The Importance of Romanticism in Literature In Wordsworth’s â€Å"The World is Too Much With Us† can be seen all the classic signs of the Romantic movement of the late eighteenth and early nineteenth century well embodied, complete with a near-worship of nature (â€Å"Little we see in Nature that is ours†¦for this, for everything, we are out of tune†) that was perhaps an understandable reaction to not only the classicism of the prior era, but the sociopolitical realities of the day (such as the French Revolution), a sort of intellectualized version of the hippie movement of 1960s America. Clearly, Wordsworth here is taking a typically Romantic view of the social order and what remained acceptable norms even in religious view (â€Å"I’d rather be a Pagan†¦so might I†¦have glimpses that would make me less forlorn†¦Ã¢â‚¬ ), and a kind of individual, internal, take on the acquisition of truth that echoed the ultra-romanticism of Wordsworth’s fellow Briton, William Blake, in his insistence that he create his own â€Å"systems† lest he â€Å"be ruled by another man’s.† Much of these ideas would appeal, at least in their simplest forms, to much of modern consciousness, rebelling as it does not only against conformity and convention, but the apparent subjugation of the individual by the increasingly dizzying swirl of corporate culture and technological globalization. It is interesting to read Emily Dickinson’s take, as it were, on Romanticism from some five decades after Wordsworth. Dickinson wrote in the wake of the industrial revolution (or at least its initial stages) and fell only somewhat short of Thoreau’s radical view of the railroad as emblematic of technology devouring the human person (â€Å"We do not ride upon the railroad,† Thoreau famously asserted, â€Å"but t... ...hey seen as an outgrowth of Divine effort or merely an existent truth defiant of explanation. In other words, Romantic ideals may manifest themselves where Romanticism is not thought to be hiding in part because, quite simply, many Romantic ideals are common to human existence. The same can be said, of course, of the ideals of non-Romantic movements, and indeed this is so. Readers must be cautious to avoid rejecting the proverbial baby along with the bathwater in the common tendency to reject some truths simply because they are stated by those one considers an ideological enemy. In light of the above, Romanticism undoubtedly speaks to many readers today – as it did in its various reappearances in history – because it offers one side of a balanced coin which considers the individual as well as the collective, and the wonder of nature as well as the reason of man.

Nyaya Panchayats Essay

Government proposes to establish Nyaya Panchayats in every Gram Panchayat or a cluster of Gram Panchayats, for providing a system of fair and speedy justice, both civil and criminal, to the citizens at their doorsteps, outside the formal judicial system. The Nyaya Panchayats are proposed to be constituted through the election of the Nyaya Panchas by people residing in the area to which the jurisdiction of the Nyaya Panchayats extends. Provisions are proposed for the reservation for women, Scheduled Castes and Scheduled Tribes to ensure their representation in the Nyaya Panchayats. The Draft Bill defines the civil, criminal and additional jurisdiction of Nyaya Panchayats. In the Draft Bill, conciliation is proposed as a primary means of dispute resolution. Further, Nyaya Sahayaks, who will assist the Nyaya Panchayat in performing their function of dispute resolution, have been proposed. Nyaya Panchayats are proposed as separate and independent dispute resolution bodies, distinct from the Gram Panchayats. The draft Nyaya Panchayat (NP) Bill was circulated to Ministry of Law & Justice, several other Ministries/ Departments and all States/UTs. Based on comments received, some modifications were made in the Draft Bill. The Draft NP Bill is again being circulated for inter-ministerial consultations. The above information was given by the Minister of Panchayati Raj Shri V. Kishore Chandra Deo in a written reply in the Rajya Sabha. Amendment to Article 243 D of the Constitution of India for enhancing reservation for women in Panchayats The Cabinet today approved the proposal for moving an official Amendment to the Constitution (One hundred and Tenth Amendment) Bill, 2009 for enhancing reservation for women in Panchayats at all tiers from 1/3rd to at least 50%. The Constitution (One hundred and Tenth Amendment) Bill, 2009 was introduced in the Lok Sabha on 26. 11. 2009. The official Amendment proposes to add word ‘rural’ before the word ‘population’ as and where the same occur in 1st Proviso of Clause (2) (iii) of the Constitution (One hundred and Tenth Amendment) Bill, 2009. This Provision will apply to the total number of seats filled by direct election, offices of Chairpersons and seats and offices of Chairpersons reserved for Scheduled Castes and Scheduled Tribes. Enhancement of reservation for women in Panchayats will facilitate more women to enter the public sphere and this will lead to further empowerment of women and also make Panchayats more inclusive institutions, thereby improving governance and public service delivery. The addition of word ‘rural’ before word ‘population1 occurring in the 1st Proviso of Clause (2)(iii) of the Rill will reflect appropriate demographic representation of categories of population for whom reservation is made. At present, out of the total elected representatives of Panchayats numbering approximately 28. 18 lakh, 36. 87% are women. With the proposed Constitutional Amendment, the number of elected women representatives is expected to rise to more than 14 lakh. Having more elected women representatives would benefit the entire population of the States and UTs where Panchayati Raj is in existence. Ministry of Panchayati Raj had moved a Bill for amendment to Article 243D of the Constitution on 26. 11. 2009 after approval of the Cabinet for enhancing reservation for women in (i) the total number of seats to be filled by direct election, (ii) offices of chairpersons and (iii) in seats and offices of chairpersons reserved for SCs and STs, to 50% in all tiers of Panchayats. The proposed official amendment, as indicated above, in the original Amendment Bill will be moved in the Lok Sabha at the earliest. All States / UTs are parts thereof to which Part IX of the Constitution applies would be covered (Part IX does not apply to Nagaland, Meghalaya and Mizoram, tribal areas of Assam and Tripura and hill areas of Manipur). Background The Constitutional Amendment Bill for enhancing reservation for women in Panchayats at all tiers from one third to one half was introduced in Lok Sabha on 26. 11. 009 with the approval of Cabinet in its meeting on 27. 08. 2009. The Bill was referred to Parliamentary Standing Committee on Rural Development by Hon’ble Speaker on 21. 12. 2009. The Committee has recommended that word ‘rural’ be added before word ‘population’ occurring in Clause 2 (iii) of the original Amendment Bill in order to maintain better demographic representation to SCs and STs Class. In view of this, it has been decided to make official amendment accordingly in the Bill already under consideration of Lok Sabha.

Theme Of Social Norms In The Tempest - 1520 Words

Whether one realizes it or not, the world we live in is governed by certain expectations and unwritten rules that our society creates. These expected behaviors are called norms. When one establishes the role that they play in society, they are governed by the expectations that society places on that specific role. Norms give order to a society, but is that enough to say that they are good for citizens? Are these norms needed to govern our behavior in a way that our government cannot? Social norms and the effect that they can have on a person or group of people is shown through Shakespeares The Tempest. The characters in The Tempest are negatively affected by the unwritten social norms that they are expected to follow, and today these†¦show more content†¦He encouraged two other men to join him, Stephano, a butler, and Trinculo, a jester. All three of these men shared one thing in common: a low place in society. In an effort to free themselves from society’s pressure, the men plotted to murder Prospero. Stephano says, â€Å"Monster, I will kill this man: his daughter and I will be king and queen, save our graces! and Trinculo and thyself shall be viceroys† (Act 3 Scene 2 Lines 106-108). Before they got the chance to kill, Prospero caught them, proving society’s power, once again, to be too strong. Many times, Stephano and Trinculo talked about how they would break from their low place in society. At the end of the story, however, they find themselves stuck under King Alonso’s power, just as they were before the shipwreck. Despite all of their efforts, Stephano, Trinculo, and Caliban all were stuck in their low place in society. In the same fashion, Prospero had also been told by society that the only way he could live a good and prosperous life was to get his dukedom back. Without this fancy title, society convinced Prospero that he was unimportant. Prospero had the whole island to himself, a slave, a magical spirit, and his daughter, but yet, society tells Prospero that this was not enough. During the play Prospero said, â€Å"Now my charms are all oerthrown, And what strength I have’s mine own, Which is most faint† (Act 4 Scene 1 lines 320-322). 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Duke Orsino spends his time sighing and pining for the beautiful nobleRead MoreThe Curriculum Of American Business Schools3707 Words   |  15 Pagesmarket demand for knowledge by testing the â€Å"validity and reliability† of management theories (as cited in Starkey Tempest, n.d., p. 10). Suddaby and Greenwood further note the business school’s education of â€Å"an ongoing stream of management [business] students† thus produces a basis for the legitimization and â€Å"consumption of managerial knowledge products† (as cited in Starkey Tempest, n.d., p. 10; Huff, 1999). 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At first they would write in small paragraphs and poems, but later they would create collections of slave and feminist literature, that once published reached a range of peopleRead MoreFemale Sexuality in Shakespeare4830 Words   |  20 Pagesclassification distinguished from the sexual characteristics of connecting explicitly to â€Å"erotic desires and activities.† (Valerie Traub, â€Å"Gender and Sexuality in Shakespeare† p129)  Margreta de Grazia claimed â€Å"nothing threatens a patriarchal and hierarchic social formation more than a promiscuous womb,† (Margreta de Grazia, â€Å"The Scandal of Shakespeare’s Sonnets,† in Shakespeare’s Sonnets: Critical Essays,p106)   and pivotally, both pl ays examine the supposed risk of unrestrained female desire. Also, the sexualRead MoreThe Moment Before the Gun Went Off: Class Discussion Essay1864 Words   |  8 Pageslocation of this short story is very crucial to the story as a whole. The time period in which this short story is set in is important because it helps the reader understand the views each characters in the story have toward each other, and cultural norms which the characters take part in. With the knowledge of the story being in the early 20th century, the readers are able to come to understand that back then many farmers had black slaves help them on the farm. In the short story, a white farmer by