MODERN LAND LAW Essay Example | Topics and Well Written Essays - 2000 words

MODERN LAND LAW - Essay Example Trusts of this nature are ‘created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui que trust a beneficial interest in the land acquired. And he will be held to have so conducted himself if by his words or conduct he has induced the cestui que trust to act to his own detriment in the reasonable belief that by so acting he was acquiring a beneficial interest in the land.’2 The case giving way to Lord Diplock’s observations, Gissing v Gissing involved a scenario where matrimonial property was held in the name of the husband only. The questions for determination were: Did the husband hold the legal title upon trust for the benefit of both he and the wife. And if so, how were the beneficial interests to be divided? In cases such as this, Lord Diplock opined that court must satisfy itself on the evidence that it was ‘the common intention of both spouses that the contributing wife should have a share in the beneficial interest and that her contributions were made upon this understanding.’3 In many cases, the intention or common understanding of the parties will have to be inferred as there is not always going to be statements of intent from either or both parties. Lord Diplock went on to explain that this inference might also be a mere matter of fact. In many cases he explained and husband and wife purchase a matrimonial home by virtue of a mortgage, the capacity of each spouse to contribute to the monthly mortgage payments will usually come out of their separate earnings. However, a woman’s income might be altered by the introduction of children into the marital union. This, Lord Diplock stated should not operate to negate the common intention of both parties to acquire a

Business Ethics Essay Example for Free

Business Ethics Essay This paper will focus on Benji Watson, a graduate from the Liberty University MBA program and his recruitment by a corporation that sells various vitamins, health foods and health supplements; New Gen Health Sciences. The case study that was presented provides us certain information that Benji has either gotten from his recruiter or from his own personal research. After a weekend of being at the company introduction event, Benji is presented with a dilemma as to whether to accept the lucrative offer New Gen has presented him. Throughout this paper I will take a closer look as to whether I believe Benji should or should not accept his contract offer from New Gen. Integrity One of the most important factors when looking into joining a corporation is to take a look from the top and see how the CEO runs his corporation. Benji has already had several red flags raised as to the business practices that the CEO of New Gen employs throughout his corporation. Mary C. Daly (2003) describes how a Harvard Business School case study quoted an Enron official who gave a description of Jeffrey Skilling’s decision-making process as follows: It was all about creating an atmosphere of deliberately breaking the rules† (p. 269-270). She goes on to say that in a similar situation, Salomon Brothers encouraged extreme risk taking in the pursuit of profits that sometimes were not within the ethics or morals of the individual (p. 270). A severe lack of integrity within these corporations ultimately led to their demise. Unfortunately, it seems as if the CEO of New Gen is headed down this same path in his pursuit of profits. The CEO of New Gen claims to be a person who cares about people and making their lives better, yet he displays a total lack of integrity when he referred to the company’s customers as â€Å"fat, lazy, lethargic Americans.† Benji needs to ask himself, is this the type of boss I want to work for? To make matters worse and to once again bring the CEO’s integrity into question, he harshly asked another potential employee whose infant child was crying to leave the room as to not bother the others who were in the room. I would caution Benji to take into consideration these actions when he makes his decision. Julia Sferlazzo (2012) describes two types of business ethics theories and the debate that focuses on whose interest’s managers should consider when they are making decisions (p. 772). The two theories, shareholder and stakeholder theories respectively, both take a different approach in how they go about implementing their business ethics. The shareholders theory basically involves when the only duty of the manager is to pursue profit and that the only obligations they have are to act within the confines of the law. This theory was favored in the early 1900’s but over the past several decades this theory has fallen out of favor in terms of government regulation due to the corruption and corporate greed. In the stakeholders theory, a balance is placed on what is in the best interest of the shareholder, employees, the community, and as society. This theory of professional ethics is accepted the most amongst academics (Sferlazzo, 2012, p.772-773). Based on the theories I have outlined above, I believe that New Gen more closely falls in line with the shareholder theory, and one that could lead down the path of corruption. Although New Gen is not ethically doing anything illegal, they are falsely marketing their company as a leader in ethics when in reality they are only in pursuit of the maximum amount of profit. â€Å"For the love of money is the root of all evil; which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows. But though, O man of God, flee these things; and follow after righteousness, godliness, faith, love, patience, meekness† (Timothy 6:10-11, NIV). Strategic Ethics vs. Real Ethics In Dobson’s (n.d.) critique, he states several times that although a business’ actions may appear moral, it is clear that the motivation can sometimes only be material. This question is are these companies only saying they are running an ethical business as motivation to attract investors or are they taking action on what they are saying by their real ethics they are imploring. When Benji was conversing with his recruiter about New Gen’s industry leading ethics code, the recruiter basically told him that it was a strategy that the company had to say in order to ensure  government regulations were met and they could entice investors. This should be a red flag for Benji that this company may be employing a strategic ethic instead of real ethics in order to attract new investors rather than doing the right thing. These dishonest business practices along with not being able to adhere to real ethics and using them only to their strategic advantage will eventually ca tch up to this company and its financials will struggle if these practices continue. â€Å"Beware of false prophets who come to you in sheep’s clothing but inwardly are ravaging wolves† (Matthew 7:15, NIV). Benji would be wise to heed the advice that Jesus gave to Matthew when advising him on how to enter the kingdom of heaven. Spiritually, Benji has to make a conscience effort to continue to research and investigate on whether this is a wise decision for him to accept a job from a potential dishonest corporation. Is New Gen a corporation that values its consumers and employers both ethically and spiritually or are they a corporation that only uses their â€Å"industry leading ethics code† as a strategic ploy to attract their investors? These are the questions Benji must consider when deciding on accepting this contract offer. The Decision From both a spiritual and an ethical perspective there is no way that I would advise Benji to accept this job offer. Although this job appears lucrative from the outside looking in, upon further research Benji should realize that this company’s foundation is based upon furthering the profit for the CEO and not taking into consideration of the stakeholders. Furthermore, New Gen is a company that is dishonest and shows a total disregard to the integrity that a reputable business would display. In no way would I advise Benji to accept this job offer. References Daly, Mary C. (2003). INTEGRITY IN THE PRACTICE OF LAW: TEACHING INTEGRITY IN THE PROFESSIONAL RESPONSIBILITY CURRICULUM: A MODEST PROPOSAL FOR CHANGE. Fordham Law Review, 72, 261-277. Dobson, John (n.d.). Virtue Ethics as a Foundation for Business Ethics: A â€Å"MacIntyre-Based Critique† Retrieved May 15, 2013, from http://www.stthomas.edu/cathstudies/cst/conferences/antwerp/papers/dobson.pdf Sferlazzo, Julia (2012). Learning Legal Ethics From MBAs: How a Comparison of Legal and Business Ethics Could Promote Ethical Professional Behavior. Georgetown Journal of Legal Ethics, 25, 769-786.

Samuel Seabury :: essays research papers

Born in Groton, Conn., Samuel Seabury was the son of the Reverend Samuel Seabury Sr. His Father was a pioneer of New England Anglicanism who followed the example of Samuel Johnson. Samuel Jr.,broke away from the Congregationalists and pursued Anglican ordination. He graduated from Yale in 1744 and received his B.A in 1748. He married Abigail Mumford and went abroad in 1784 to obtain consecration as an Anglican Priest. On December 23, 1753, Samuel Seabury was ordained a deacon and two days later a priest of the Anglican Church. He was licensed by the church to preach in New Jersey. He preached in various places, but none suited his fancy. A preacher in Westchester was charged with drunkenness and sexual assault, which opened up the preaching position. Samuel filled the position and preached in an uneventful ministry. He also ran a school in Westchester. As the tensions between Britain and the colonies grew stronger, Samuel stayed loyal to the crown. He viewed the American government as very primitive and dependent on the British government. When talk of the First Continental Congress arose, he began to voice his opinion. He tried to stop the election of the delegates by writing various pamphlets. His attempt proved futile and the delegates were elected and met together on that fateful day in Philadelphia when a new nation was envisioned. Now Samuel began to take more courageous steps in preventing the breaking away of the colonies. He wrote â€Å"Westchester Farmer† ,a compilation of five essays reasoning why the colonies should stay with the English. The five essays were Free Thoughts on the Proceedings of the Congress, The Congress Canvassed, Free Thoughts in the Full Vindication of the Congress, A View of Controversy, The Republican Dissected. Some of the writings were directed towards New Yorkers and local farmers. He beg ged the New York legislature to reject the laws of the â€Å"enthusiastic republicans† and was quoted as saying, †The Congress is in the power of a faction using a mob to carry out its purposes†. The other writings were a rebuttal or defense to Alexander Hamilton’s attack. Hamilton was a student at the time when the pamphlets came out and he wrote The Farmer Refuted, a pamphlet opposing Seabury’s loyalist views. The news spread like wild fire and four of the pamphlets were printed in newspapers across the colonies. Samuel was branded a loyalist right away and this unintentionally made him some enemies.

Shakespeare: Foreshadowing in Macbeth

William Shakespeare has been, and continues to be, one of the most famous writers of all time. His writings, specifically playwrights, include varieties of different writing techniques that never fail to capture the attention of audiences of all ages.One of his most famous tragedies – Macbeth – is certainly no disappointment. Though Macbeth is one of his shortest tragedies, Shakespeare takes the elements of madness, evilness, and jealousness and wraps them up into a timeless tale chock full of literary elements.One of the most studied and most profound literary elements found in Macbeth is foreshadowing. Foreshadow; verb; be a warning or indication of (a future event). † Foreshadowing gives the audience a hint of what is to come without completely giving away the event, though it will make sense after the event happens.The first example of foreshadowing we see in Macbeth is found in Act 1, Scene 1 in the three witches’ prophecies. We see the three witches s how up multiple times throughout Macbeth to hint at the future.The reader immediately sees an example of the prophecies in Act 1, Scene 1 when the witches are talking about meeting Macbeth. They say that they will meet him â€Å"when the battle’s lost and won† (Act 1, Scene 1).Logistically, this phrase makes sense because every battle will have a loser and a winner, however when we look at the deeper meaning of this phrase, it shows the witches’ recurring â€Å"double meaning† way of speaking that will eventually give false hope to Macbeth in the ending battle scenes.We see another example of foreshadowing in the Act 1, Scene 1 witches’ prophecies of Macbeth as well. All of the witches come together and yell â€Å"Fair is foul, and foul is fair† (Act 1, Scene 1). The element of this phrase recurs throughout Macbeth to show the differences between reality and appearance.Macbeth quotes a similar version of this phrase in his first entrance whe n he says â€Å"So foul and fair a day I have not seen† (Act 1, Scene 3). The day itself, the weather, is â€Å"foul†, but the day’s events have proven â€Å"fair† because they have won the battle.This witch prophecy contradicts reality and appearance and foreshadows that there will be many events in the future that may look â€Å"fair† to the eye, but are, in reality, â€Å"foul†. One final example of foreshadowing that we see in the introduction of Macbeth is when the witches come to meet Macbeth and Banquo.Each witch greets Macbeth with a separate title: â€Å"Thane of Glamis†, â€Å"Thane of Cawdor†, and â€Å"King hereafter† (Act 1, Scene 3). This foreshadowing is a little more obvious than the others in the fact that it is clear Macbeth will be given these three titles at some point in his life.The witches fail to mention, however, the manner in which these titles will be achieved, which we know to be a maddening v enture for Macbeth and his wife. Foreshadowing, no matter how bold or subtle, is a key literary element in Shakespeare’s Macbeth.The three witches prophesize the upcoming events in Macbeth, adding to the suspense and adventure of the writing. The foreshadowing and other literary elements in Macbeth help maintain such a classic piece of tragedy literature that will stand the test of time.

Elements of Literature Essay

Many literature students are expected to be familiar with the basic terms listed below (and discussed in more depth in your text). Keep this study guide with your text. At the beginning of each reading assignment, write the elements of literature pertaining to the particular type of literature at the beginning of the short story or poem. After reading, define them in your text for class discussion, quizzes, and test preparation. To understand literature, it is necessary that you ask yourself certain questions, such as â€Å"what is the theme of this story? † or â€Å"why does the author use this particular type of imagery? † You are not necessarily reading for pleasure–although it is sincerely hoped you will derive pleasure from your assignments–but for the development of critical analysis skills, so observe the author’s style and intent carefully. Short Stories/Novel Theme–The idea or point of a story formulated as a generalization. In American literature, several themes are evident which reflect and define our society. The dominant ones might be innocence/experience, life/death, appearance/reality, free will/fate, madness/sanity, love/hate, society/individual, known/unknown. Themes may have a single, instead of a dual nature as well. The theme of a story may be a mid-life crisis, or imagination, or the duality of humankind (contradictions). Character–Imaginary people created by the writer. Perhaps the most important element of literature. †¢ Protagonist–Major character at the center of the story. †¢ Antagonist–A character or force that opposes the protagonist. †¢ Minor character–0ften provides support and illuminates the protagonist. †¢ Static character–A character who remains the same. †¢ Dynamic character–A character who changes in some important way. †¢ Characterization–The means by which writers reveal character. †¢ Explicit Judgment–Narrator gives facts and interpretive comment. †¢ Implied Judgment–Narrator gives description; reader make the judgment. Look for: Connections, links, and clues between and about characters. Ask yourself what the function and significance of each character is. Make this determination based upon the character’s history, what the reader is told (and not told), and what other characters say about themselves and others. Plot–The arrangement of ideas and/or incidents that make up a story. Causality–One event occurs because of another event. †¢ Foreshadowing–A suggestion of what is going to happen. †¢ Suspense–A sense of worry established by the author. †¢ Conflict–Struggle between opposing forces. †¢ Exposition–Background information regarding the setting, characters, plot. †¢ Complication or Rising Action–Intensification of conflict. †¢ Crisis–Turning point; moment of great tension that fixes the action. †¢ Resolution/Denouement–The way the story turns out. Structure–The design or form of the completed action. Often provides clues to character and action. Can even philosophically mirror the author’s intentions, especially if it is unusual. Look for: Repeated elements in action, gesture, dialogue, description, as well as shifts in direction, focus, time, place, etc. Setting–The place or location of the action, the setting provides the historical and cultural context for characters. It often can symbolize the emotional state of characters. Point of View–Again, the point of view can sometimes indirectly establish the author’s intentions. Point of view pertains to who tells the story and how it is told. †¢ Narrator–The person telling the story. †¢ First-person–Narrator participates in action but sometimes has limited knowledge/vision. †¢ Objective–Narrator is unnamed/unidentified (a detached observer). Does not assume character’s perspective and is not a character in the story. The narrator reports on events and lets the reader supply the meaning. †¢ Omniscient–All-knowing narrator (multiple perspectives). The narrator takes us into the character and can evaluate a character for the reader (editorial omniscience). When a narrator allows the reader to make his or her own judgments from the action of the characters themselves, it is called neutral omniscience. †¢ Limited omniscient–All-knowing narrator about one or two characters, but not all. Language and Style–Style is the verbal identity of a writer, oftentimes based on the author’s use of diction (word choice) and syntax (the order of words in a sentence). A writer’s use of language reveals his or her tone, or the attitude toward the subject matter. Irony–A contrast or discrepancy between one thing and another. †¢ Verbal irony–We understand the opposite of what the speaker says. †¢ Irony of Circumstance or Situational Irony–When one event is expected to occur but the opposite happens. A discrepancy between what seems to be and what is. †¢ Dramatic Irony–Discrepancy between what characters know and what readers know. †¢ Ironic Vision–An overall tone of irony that pervades a work, suggesting how the writer views the characters. Poetry Allegory–A form of narrative in which people, places, and events seem to have hidden meanings. Often a retelling of an older story. Connotation–The implied meaning of a word. Denotation–The dictionary definition of a word. Diction–Word choice and usage (for example, formal vs. informal), as determined by considerations of audience and purpose. Figurative Language–The use of words to suggest meanings beyond the literal. There are a number of figures of speech. Some of the more common ones are: †¢ Metaphor–Making a comparison between unlike things without the use of a verbal clue (such as â€Å"like† or â€Å"as†). †¢ Simile–Making a comparison between unlike things, using â€Å"like† or â€Å"as†. †¢ Hyperbole–Exaggeration †¢ Personification–Endowing inanimate objects with human characteristics Imagery–A concrete representation of a sense impression, a feeling, or an idea which appeals to one or more of our senses. Look for a pattern of imagery. †¢ Tactile imagery–sense of touch. †¢ Aural imagery–sense of hearing. †¢ Olfactory imagery–sense of smell. †¢ Visual imagery–sense of sight. †¢ Gustatory imagery–sense of taste. Rhythm and Meter–Rhythm is the pulse or beat in a line of poetry, the regular recurrence of an accent or stress. Meter is the measure or patterned count of a poetry line (a count of the stresses we feel in a poem’s rhythm). The unit of poetic meter in English is called a â€Å"foot,† a unit of measure consisting of stressed and unstressed syllables. Ask yourself how the rhythm and meter affects the tone and meaning. Sound–Do the words rhyme? Is there alliteration (repetition of consonants) or assonance (repetition of vowels)? How does this affect the tone? Structure–The pattern of organization of a poem. For example, a sonnet is a 14-line poem usually written in iambic pentameter. Because the sonnet is strictly constrained, it is considered a closed or fixed form. An open or free form is a poem in which the author uses a looser form, or perhaps one of his or her own invention. It is not necessarily formless. Symbolism–When objects or actions mean more than themselves. Syntax–Sentence structure and word order. Voice: Speaker and Tone–The voice that conveys the poem’s tone; its implied attitude toward its subject. Elements of Literature Literature is a reflection of the society. A writer appeals to our feelings, emotions through various elements of literature, such as plot, character, theme, etc. Read more to know about the elements of literature. We can summarize literature in the words of Ezra Pound that great literature is simply language charged with meaning to the utmost possible degree. Every race has its own literature, for example, English literature, American literature, German literature, etc. Various types of literaturesuch as story, novel and drama delight us through the elements of literature. In literature, theme is important to reveal the story. An author depicts the ups and downs of the protagonist with the help of characterization. The story progresses through various plots. There are prologues and epilogues in Shakespearean drama. Facts on Elements of Literature: Elements of literature denote the things that are used to make up a work of literature. There are different types and forms of literature. They are novel, drama, poetry, biography, non-fictional prose, essay, epic and short story. All these types of literature have some elements. To complete a piece of literature, a writer, dramatist or a novelist need to use certain elements like plot, character, theme, etc. However, elements of fiction and elements of drama differ from elements of poetry. These elements are discussed below: Elements of Fiction and Drama : Literary types such as fiction; drama and short story have some elements.

Viking Longships Essays

Viking Longships Essays Viking Longships Paper Viking Longships Paper The Vikings are peoples that were originally from Scandinavia. Scandinavia is now Denmark, Norway, and Sweden. From the eight to the eleventh century, these people originally referred to as Norsemen began to raid places in Europe and other countries they became referred to as Vikings. The name Viking, originates from the place Viken in the Oslofjord. The Oslofjord is a bay south-east of Norway. Vikings are known for plundering from other societies. They are usually shown that the whole Viking nation went out to help on these raids but, they were done mostly independent by chieftains that obtained men who were willing to aid and longships. Viking Longships are the warships of the Vikings. These ships were used mostly for raids because of their ability to travel swiftly in coastal waters, open waters, rivers, and estuaries and travel long distances. The Longships are usually in between twenty to thirty-five meters long. The largest Longship discovered was at Roskilde Harbor, which is in Demark, and it was 35 meters in length. It had the capacity to carry 72 oars and a crew of 100 men. Tree- ring analysis places this ship to be created around 1025 A. D. The Longships usually carried between twenty to sixty Viking warriors. The ship was also big enough for all the equipment that the Vikings had to transport, and the loot that they plundered. These Longships were light-weight and strong. They were created with a square sail. The square sails were made of woven wool. The sail could be pulled down over the crew to protect them during rough storms. The sail is what allowed the Longship to sail so quickly throughout rough seas and other waters. The sail in combination with the oars allowed for the Vikings to sail through open oceans straight through and then switch to using the oars when they were near attacks. The Longships also featured a shallow hull that allows the ship to sail up onto the beach or sail through rivers. This also aided with raiding villages that have centers on the river. Craftsmen in that time would create the boat differently by first splitting an oak tree’s trunk into long, thin planks. The craftsmen attached the boards together with iron nails then to a single sturdy keel and then to each other, with one board overlapping another. The Vikings used this clinker technique as opposed to the more used method of building the skeleton of the hull first. Craftsmen then spaced the floor timbers to the keel of the boat and not the hull. This created flexibility, speed, maneuverability within the boat. Modern replicas of Viking Longships have reached up to fourteen knots and could be closely compared to the speed of modern sailboats. Viking Longships were basically without any civilized religion and their ships often were created with a dragons head on the bow of the ship to protect them from evil sea spirits. The Longship was a great advantage to the Vikings. When a chief or leader died, the Longship was sometimes buried in the grave with the leader or chief. The Vikings believed that this practice would help the dead chief or leader quickly sail to Valhalla. Some dead Viking warriors were placed in their ships when they passed away. The ship would then be set on fire and they would sail away slowly. The Viking Longships basically created the Viking Age, from eight hundred to eleven hundred A. D. A misconception about this period is that the Vikings were the only group of uncivilized people who were running about plundering societies, but in actuality this was just a time where this was almost normal. There were more groups than just the Vikings plundering societies but, the Vikings were just the best at doing it. The model of the Longship paved the way for other models of ships. The Vikings pretty much had a sort of new technology. Citations: (THE VIKINGS) (Hauge, 2002) (Fitzhugh, 2005)

schooling should not be compulsory

I believe that schooling should not be compulsory. Making school education voluntary would actually educate people who want to learn in a better manner, increase high school safety, and be less of a detriment to our rights. First of all, making a child goto school for about six hours a day, 180 days a year, for about ten years, is a violation of his or her liberties. Keep in mind that the child has to attend until the legal age (16 in many states), whether or not the child learns anything or could learn it faster or better somewhere else. The government says it has a "compelling interest" in the education of children. This might be true, but that doesnt give them the right to make it compulsory. If something like public schooling was compulsory for adults, there would be public uproar. While parents do have alternatives to government run schools, such as private schools and homeschooling, these alternatives are implausible for most parents. In any case, the parent really doesnt get to decide whether to send their child to school, they just get to decide which government approved schooling method to send their kids to. This goes back to one principle given the chance, governments think noth! ing of telling parents how to raise their children. Forced attendance also has the effect of letting children who do not want to be in school disrupt those who do. Children vary widely. It is not fair for both people who want to be in school and people who dont. Overall, this has had a negative impact on both the education given by schools and the safety of the schools. When compulsory attendance laws were first instituted, there was no objection that such laws would endanger the safety and even the lives of teachers and of students who wanted to be in school. Things have changed. Forcing a person who does not want to learn to be present in school anyway may do little for the student, as evidenced by the fact that many...