THE LAW OF PROPERTY Case Study Example | Topics and Well Written Essays - 1500 words

THE LAW OF PROPERTY - Case Study Example 15 July 2004. guardian.uk. [internet]). In view of this common law principle, Nina and Liam in the case at bar are both owners of the house in question. As such, the two have interests in the property. The issue that has to be addressed next is the extent of their stake in the realty. When two or more individuals own a property, the same either may be under joint tenancy or may be held by the said persons as tenants in common. In the former, everyone owns all of the property and when a party dies, the whole estate is transferred to the surviving owner. On the other hand, in the case of tenants in common, each of the proprietors owns a specific portion of the realty. The system of joint tenancy is usually what is observed between married couples while those living in as partners outside of wedlock follow the arrangement for tenants in common. (Severing a Joint Tenancy. law-bytes. swarb.co.uk. [internet]). What then is the relationship that prevails between Nina and Liam over the house Is it that they are joint tenants or are they tenants in common It has to be importantly noted that the given circumstances are silent as to whether they have come into some agreement on what system to adopt except that they had talked about the property being equally theirs. Of the same significance is the fact that it was solely Nina who purchased the asset as a freehold which means that she is the absolute owner in fee simple. (Freehold Meaning and Definition. thinkexist.com, [internet]). The heirs and successors of Liam will be at a disadvantage in a joint tenancy set-up because if he dies, everything in the real estate goes to Nina as the latter will have the so-called right of survivorship. It also will still be disadvantageous to Liam in the event that Nina dies because of one peculiarity of the situation. The recorded owner is Nina and Liam will have to prove the ownership union. What if they are together as owners of the house in the concept of tenants in common In the lat ter case, each of them, as well as those who will inherit or succeed from them, will be entitled to his or her equitable share upon the demise of the other. In essence, it would be best for Liam to have the terms clearly defined with Nina by serving a written notice unto her to that effect. Things will be fine if Nina readily accepts the proposal of Liam. However, if and when it becomes necessary, a court action may be possible in order to delineate the shares of the parties and to clarify their equitable interests and have the same unequivocally declared to avoid any future conflict or controversy. Going back to the fact that the parties were not explicit as to the ownership relation that would bind them, this has to be resolved in accordance with a reference to judicial pronouncements which take into account the evidence at hand and the surrounding circumstances. In the case of Stack v. Dowden, the House of Lords resolved the controversy with a fair, logical and wise verdict. It was about a couple in cohabitation without the benefit of marriage but who however registered their purchased property. They later on actually separated. The distinguished Lord Hope of Craighead opined that a test must be had as to whether the interests of the parties were equal or not in the joint ownership. This simply shows that the joint ownershi

The Cause of Violence Essay Example | Topics and Well Written Essays - 750 words

The Cause of Violence - Essay Example Their reasoning has been influenced to the extent that they will carry out the unthinkable. Extensive researches and surveys may not always be consistent, but a basic factor contributing to violence has been evident for a long time - family issues. Simply being an eyewitness to family violence has a great effect upon a youngster. Derek and Danny Vinyard (American History X) witnessed the murder of their father by a black man. Nevertheless, although they may not have realized, they were being conditioned to believe that 'what happened to their father was an act of racism by the black man'. Moreover, Derek had already been influenced by his father's cynical views on African American culture. When they became grown-up, Derek and Danny lead a life of a "vengeance-seeking white supremacist" (Synopsis for American History X, www.imdb.com). Parents' own behavior has an enormous consequence on a young child's mind. Hally's (Master Harold and the Boys) father is a drunkard and a tyrant. He grew up having resentment for his father. On one incident, Hally unleashed "years of anger and pain on his two black friends; creating possibly-permanent rifts in his relationship with them" (Master Harold and the Boys, www.en.wikipedia.org). Careful students of the appalling increase of violence in our dangerous times list many contributing factors: the media emphasis on violent events, crime and corruption; the way world leaders shamelessly resort to violence to stay in power; the sense of utter frustration with injustices that never seem to be resolved, leading some to feel that bullets will accomplish what ballots cannot; the callous way inwhich millions of the unborn are violently wrenched from existence by abortion; the way religious leaders uphold "just" wars and yet do not uphold moral principles in the face of lowering standards. The world soon gets desensitized, inured to violence. And there are other reasons. The permissiveness of supposed progressive thinking in our time has altered customs and moral standards, removing the restraints that once served to check attitudes and actions that can lead to violence. The sad effect is seen especially in the young. It is not an exaggeration, therefore, to say that what a person reads or sees has an effect on his attitudes. Sexual abuses and perversions also breed violence by destroying all sense of decency. No matter what is the cause of violence is, the question remains: Does this mean that mankind is doomed to an endless cycle of vicious and escalating violence Happily, our knowing that what now exists is a temporary situation, soon to end, and that there is a way out, can give us strength to endure. Many of Jehovah's Witnesses testify to this. You, too, can 'escape all these things that are destined to occur.' About these same woes for this time of the end, Jesus said: "As these things start to occur, raise yourselves erect and lift your heads up, because your deliverance is getting near." So, take courage! Jesus will shortly deliver mankind from all oppression and violence.-Luke 21:28,36; Psalm 72:1, 2, 12,14. Works Cited Page Watchtower Bible and Tract Society. "Why So Many Violent Crimes Now" Awake! 08 July 2003: 5 - 9. The Internet Movie Database. 28 May 2008. IMDb.com, Inc. 28 October 2008 [http://www.imdb.com/title/tt0120586/synopsis]. Wikipedia the Free