Monday, January 27, 2020

Family Trusts Law Problem Question

Family Trusts Law Problem Question This question concerns the law of trusts in the family home. Specifically, Mary requires advice on two questions: whether Philip is entitled to a share in the property, 8 Emerald Way, and whether she is able to sell the house now that she and Phillip have split up. TRUST OF THE HOME The starting point in any case is the identity of the legal owner. Here, the property is in the name of Mary. The prima facie position is that she also controls the beneficial interest[1]. Phillip has two arguments that could be used to claim part of the beneficial interest. The first, and stronger, is that there was an agreement that they should beneficially share the ownership. The second is that he has made direct contributions which lead to a presumption of a resulting trust. CONSTRUCTIVE TRUST This argument centres on a claim that when the title was put into Mary’s name, there was a common intention to share the beneficial ownership. Philip has only one way of demonstrating such an intention; the reason given for placing the property in Mary’s name. In Eves v Eves[2] the man put the property in his name, giving as an excuse that the female was under 21. Likewise another man claimed reasoned that it would prevent adverse effects on her divorce proceedings[3]. In these cases it was held that, but for the excuse, the property would have been registered jointly. Here, the excuse given was that to place it in Philips name would leave a trail for creditors to follow should his business run into trouble. This would appear to satisfy the Eves[4] and Grant[5] authorities except for a distinguishing feature. It appears that it was Philips suggestion and as such there may be a counter-argument stating that this is not a proper excuse case. The rationale of the authorities suggest that the courts would find that there was an intention that both would have ownership and that only the excuse prevented both being entered on the legal title. Philip would also have to show that he acted to his detriment. The courts have been imprecise on the requirements to satisfy this point. In Grant[6] a partner had contributed to the general expenditure which freed up money to pay the mortgage instalments. She was entitled to a share. In Lloyds Bank v Rosset[7] the House of Lords[8] said that merely maintaining the house would not entitle a partner to a share. In Hammond v Mitchell[9] the partner acted as an unpaid assistant to the business which again was an indirect contribution that was rewarded with a share of the beneficial interest. In this case Philip has paid for the new car; paid expenses for the house, and paid for the holiday to Corfu. While none of these are direct payments to the mortgage, all of them are payments which allowed Mary to pay the mortgage payments. Therefore, Phillip has a strong case under Grant[10] that he should be entitled to a share in the beneficial interest. RESULTING TRUST If the court were to find against Philip on either of the above points, he may still claim that a resulting trust arose. He would have to establish that he contributed money to the purchase price of the house. In Springette v Defoe[11], the court ruled that either an original contribution or contributions to the mortgage will suffice. In this case he has not contributed directly to the mortgage. When the house was initially purchased, the couple paid a 5% deposit, in real terms  £5,000. If he contributed anything towards this then he will be able to establish a direct contribution which will entitle him to a beneficial interest. THE SPLIT OF THE BENEFICIAL INTEREST Mary should also be advised on the possible divide that the courts will make should Philip prevail in demonstrating a beneficial interest. Traditionally, for a financial contribution the courts tended to follow the division of the contributions. Since Drake v Whipp[12] this has been less certain with the courts adopting, in their own words, a â€Å"broad brush† approach. In that case, a 20% contribution was rewarded with a 33% beneficial interest. In Drake[13] the distinction between a common intention trust and a resulting trust was emphasised, with an equal split being more likely in the former. She should be warned though that it is possible for Phillip to be awarded an equal share of the property. THE PROBLEM OF SALE If Phillip has a beneficial interest Mary will be a trustee for herself and Phillip. Phillips reaction to an attempted sale will be important. If he consents then naturally there will be no difficulties. If Phillip objected then the crucial point would be the existence of one trustee. Mary would be unable to use the overreaching rules contained in the Land Registration Acts[14]. Mary could still attempt to sell the property but Phillip could attempt to block the sale by seeking relief under section 14 of the Trusts of Land and Appointment of Trustees Act 1996. This gives the court a wide discretion to grant an injunction. Given the discretion, it is difficult to predict whether Mary would prevail. The court would take into account the original intention of the parties when purchasing the parties, as well as individual factors that are case dependent.[15] CONCLUSION Mary should be advised that it is likely that Phillip will be awarded a share in the beneficial interest, either by way of common intention trust, or a resulting trust. If Phillip objects to the house being sold, he could seek an injunction pursuant to section 14 of TOLATA. BIBLIOGRAPHY Hanbury and Martin‘Modern Equity’ 16th Ed. pub by Sweet Maxwell Doherty M‘Equity and Trusts’ pub by Old Bailey Press Springette v Defoe (1993) 65 P CR 1 Drake v Whipp (1997) 60 MLR 420 Hammond v Mitchell (1991) 1 WLR 1127 Lloyds Bank v Rosset (1991) 1 AC 10 Eves v Eves (1975) 1 WLR 1338 Gissing v Gissing [1971] AC 886 Grant v Edwards (1986) Ch 638 1 Footnotes [1] Gissing v Gissing [1971] AC 886 at 900 [2] (1975) 1 WLR 1338 [3] Grant v Edwards (1986) Ch 638 [4] ibid n2 [5] ibid n3 [6] ibid [7] (1991) 1 AC 107 [8] ibid. obiter [9](1991) 1 WLR 1127 [10] ibid n3 [11] (1993) 65 P CR 1 [12] (1997) 60 MLR 420 [13] ibid [14] 1925 and 2002 Acts [15]

Sunday, January 19, 2020

Different Cultures Learning Styles Essay

The word culture has been derived from the Latin word â€Å"cultura† which means to cultivate (Online Etymology Dictionary, 2009). Generally it refers to the manners, norms, values, knowledge, attitudes, art, habits and behavioral practices that are preferred and chosen as ideal by majority of the people of the society. With the encroachment and progress in the hi-tech world of today, different cultures across the globe have rapidly undergone the process of acculturation. Thus, learning of diverse cultures around the globe is not a big issue. There are various styles by which one can easily get versed with the multitude of cultures. Some of the styles are as follows. Worldly classroom set up If we have a look at different traditional classrooms of different countries, as well as different classrooms in various cities within one country; we will witness that a number of similarities and differences exist. There are some common factors like discipline, teaching atmosphere, syllabus, curriculum, learning, traditional teaching tools and classroom sitting style; that are common to all classrooms in any part of the world. The difference comes in the degree of effectiveness in teaching, learning, resource input, extra facilities like heating and cooling system, comfortable sitting arrangements and provision of latest technology etc. These factors definitely contribute to creating differences in the scale of learning among the students. Traditional Classrooms around the world Another very popular and effective style of learning culture is the traditional classrooms around the world. Traditional classroom tends to favor cultural learning to its fullest. It is one of the best places where students can interact for a long duration and learn different regional cultural aspects with the passage of time. Interaction of young students with their fellow age group students and teacher with the students definitely promotes broadening of cultural patterns. These written and unwritten rules, which we call culture, consciously or unconsciously, affect people around us. Students at an early young age being quick observers and imitators are swift in picking, absorbing and following various cultural traits and values. Thus, classroom either at primary, secondary or higher level plays a vital role in learning one’s own as well as other cultures prevailing around us. Today’s American culture verses others If we look into different cultures prevailing across the globe, we see impressions of American culture on rest of the world; reason being advanced technological development. America has played a vital role in diffusing its cultural traits to other cultures. Whether it is progressivism, technology, living patterns, habits, music, entertainment and even mind sets of the people; American influence is clearly visible. Nevertheless, many of the traditional and deeply embedded cultures like Islamic, Chinese, Japanese, Indian and Greek cultures still are maintaining their identity, and have truly preserved their norms and values to a great extent. CUSTOMS AND COURTEOUS Taboo of learning in world cultures Every culture in every society observes certain taboos and manners. There are certain issues and topics that are considered forbidden in some cultures like restrictions on sexual activities and relationships, restriction on various diets, incest taboos, exposure of body parts, social-economic class, medical disorders and diseases, alcoholism, depression and divorce. Taboos vary from culture to culture; a taboo in one culture might not be a taboo in another. These taboos are learnt via culture and transmitted to generations. Adapting in different societies Adaptation level of culture and manners varies from society to society. There are various factors like education, technological advancements, public awareness, and values among the old generation that play their role in the adaptation of the culture. Researches have shown that technological advance societies have greater tendency to accept change and modifications as compared to the traditional backward societies (Whitehead, 2005). Learning styles in different communities Learning styles also vary from society to society. For example some societies are seen under great influence of electronic media like TV, radio, and internet. Where as some get inspiration from print material, poetry, literature, newspapers, and classrooms. In illiterate societies people have their leaders, teachers, religious scholars, parents and grandparents as a source of learning. TECHNOLOGY IN THE CLASS ROOM The progress of classroom learning Importance of the traditional classroom learning can never be ignored in any society, thus with the advancement in technology, teaching as well as learning has now become a trouble-free chore. Gone are the days when teachers just used to use simple black board for communication. Progress in the classroom learning can easily witnessed with the use of tools like multimedia, overhead projector, computer, audio and video tapes etc (Integrated Publishing). Many Audio Visual aids are available to teachers so they can perform their job quite comfortably. Making use of virtual class rooms has facilitated the teachers in loads. It saves a lot resources and time when the instructor and learner communicate from their locations. It further promotes distant learning, and makes the learning process enjoyable and reasonably priced (Integrated Publishing). Degrees pertaining to technology A lot of degrees that are related to technology are being offered these days. Computer science, instructional technology degree, technology in distance education, diplomas in virtual education, teleconferencing courses etc are definitely rewarding degrees in today’s modern day. Well advanced students with technologies today The amalgamation of Internet with the latest technological aids has played a vital role in enhancing the learning process among the students. Utilization of technology has no doubt drastically brought several changes in the learning of the individuals. Teleconferencing, virtual universities, online degrees and distance learning have very well equipped the students with latest tools and techniques (Conner, 2006). Moreover it provided the students with an opportunity to interact with a number of qualified teachers and students from within their homes. Several chat rooms, discussion forums are available in order to facilitate the students in broadening their views and thinking. We can safely say that well advanced students are equipped with latest technology today (Conner, 2006). POST SECONDARY LEARNING AROUND THE GLOBE Education in America Generally it is believed that education in America provides chances and corridors to achievement. Post secondary educational learning in American society carries great value and importance, as it contributes to the social, economic, cultural, political, mental and visual development of the nation. It therefore focuses on the expansion of critical thinking, promotion of exploration and research, problem solving, developing insight, adopting skills and proficiency among the youth. So that nation could be gifted with highly professional, mobile, innovative and productive individuals at higher levels. Education in Japan If we look into the post secondary educational learning in Japan, we observe that the aims and objectives prevailing are not much different from those prevailing in America. Both being highly advanced and developed countries, more or less focus on similar learning methods. Impacts of European methods of learning are also visible. However, along with similarities, Japanese educational learning system does have some uniqueness as well, like the Special course schools are similar to non-university education in US. Education in Australia An influx of migrants from more than 100 countries, Australia is basically a British-European society. In earlier times post secondary education meant university education. Main aim behind the post secondary education is the development of mental power (intellect), university should be the center of professional training of students. Along with this, in order to cope with the latest trends it is indispensable to inculcate in students such abilities that will help them to become experts in a specific field of study, put out their best and add to the relevant work in their field. It too has influences of British and American educational learning on it. Conclusion In today’s society, there are a multitude of different cultures. In this paper you will learn about the different types of learning styles around the world. You will also be able to understand the different how technology has greatly improved learning and how different regions of the world have different technologies used for learning. References Conner, M. L. (2006). Introduction to a e-Learning Culture. Retrieved July 22, 2009, from Ageless Learner: http://agelesslearner. com/intros/elc. html Integrated Publishing. (n. d. ). THE SELECTION AND USE OF AUDIOVISUAL (AV) AIDS. Retrieved July 22, 2009, from Integrated Publishing: http://www. tpub. com/content/religion/14229/css/14229_324. htm National Governor’s Association. (2007). Innovation America. A compact for Postsecondary Education . National Governor’s Association. Online Etymology Dictionary. (2009). Retrieved July 22, 2009, from Online Etymology Dictionary: http://www. etymonline. com/index. php? search=culture&searchmode=none Whitehead, B. (2005, Oct 24). Educational technology allows for flexibility in learning and teaching. Retrieved July 22, 2009, from web-conferencing-zone. com: http://www. web-conferencing-zone. com/4030-educational-technology. htm

Saturday, January 11, 2020

Christianity and the Identity of Jesus Essay

Although Muslims believe in one God, as do Christians, they reject as heresy that this one God is three persons. For more detail on what Christians believe on this, see the slot we did on this a few weeks ago which is posted on our website. For now, let’s suffice to say that Muslims reject the idea of God being three in one. Especially, the Qu’ran (main holy book of Islam) is strong on saying that Jesus isn’t God; ‘Isa (Jesus) was simply a created human being, and a slave of Allah’ An-Nisa’ 4:172 Jesus is given great honour in the Qu-ran, his status as a prophet and as a miracle-worker, even as God’s Christ is strongly affirmed. But he’s not God. In contrast the Bible is adamant that far from being just a created being, that Jesus is God himself become a human being. ‘In the beginning was the Word, and the Word was with God and the Word was God†¦The Word became flesh and dwelt among us.’ John 1:1 and 14 The Islamic and Christian views of Jesus: a comparison The person of Jesus or Isa in Arabic (peace be upon him) is of great significance in both Islam and Christianity. However, there are differences in terms of beliefs about the nature and life occurrences of this noble Messenger. Source of information about Jesus in Islam Most of the Islamic information about Jesus is actually found in the Quran. The Quran was revealed by God to Prophet Muhammad (peace and blessings be upon him), and memorized and written down in his lifetime. Today, anyone who calls him or herself a Muslim believes in the complete authenticity of the Quran as the original revealed guidance from God. Source of information about Jesus in Christianity Christians take their information about Jesus from the Bible, which includes the Old and New Testaments. These contain four biblical narratives covering the life and death of Jesus. They have been written, according to tradition, respectively by Matthew, Mark, Luke and John. They are placed at the beginning of the New Testament and comprise close to half of it. Encyclopedia Britannica notes that none of the sources of his life and work can be traced to Jesus himself; he did not leave a single known written word. Also, there are no contemporary accounts written of his life and death. What can be established about the historical Jesus depends almost without exception on Christian traditions, especially on the material used in the composition of the Gospels of Mark, Matthew, and Luke, which reflect the outlook of the later church and its faith in Jesus. Below are the views of Islam and Christianity based on primary source texts and core beliefs.

Friday, January 3, 2020

The Revolution And Reformation During The Renaissance

Revolution and reformation; these are two words that are often identified with war, disagreement, and regional effects. While these things do indeed come along with a revolution or reformation, they heed an array of positive and secular outcomes as well. In addition, a revolution can, and usually will, cause a reformation. Conversely, a reformation can cause a revolution. This can happen despite the two things involved with the change or disagreement being seemingly unrelated. The world is connected and affected in ways that we cannot comprehend until we look at our world’s history and see how every small occurrence leads to a landslide of repercussions. The Renaissance is a prime example of this interconnectedness, as it was a time of rebirth, revolution and reformation. During the Renaissance, many changes ensued as a result of scientists, scholars and humanists who realized that they weren t being taught or treated properly. This idea of unsatisfactory treatment as a resu lt of the humanist spirit of the Renaissance led to the Scientific Revolution and The Protestant Reformation, movements that occurred during the Renaissance that changed life in Western Europe, and eventually the whole world, forever. Imagine being told that everything you have learned from school and books was based simply on the beliefs of philosophers. All of the scientific readings that you and everyone you know have been studying because you trusted them to be true were written not byShow MoreRelatedHow the Renaissance, Reformation, and Scientific Revolution Led to a More Secular and Democrtatic Society1437 Words   |  6 PagesSocial Revolutions Lead to Political Reform: How the Renaissance, Reformation, and Scientific Revolution Led to a more Secular and Democratic Political Atmosphere. 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