Land Law free essay sample

Proprietary estoppel protects a person who has a non contractual agreement over land but they have suffered a detriment due to them acting upon a reliance based on an assurance made by the claimant. There has been much discussion in recent case law and academic commentaries as to the elements which make up the nature of proprietary estoppel. Unconscionaibility is a major point for discussion in deciding whether it should be treated as a separate element or if it is linked into the three main elements. This essay will consider and discuss the nature of proprietary estoppel and the two views on unconscionaibility; whether there will always be unconscionaibility if there has been a non-performance of an assurance causing the claimant to suffer a detriment based on the assurance which they relied on or if unconscionaibility should be proven as a separate element in each case. The starting point of proprietary estoppel was in the case of Willmott v Barber (1880) where five criteria were laid down, which had to be satisfied by a person claiming proprietary estoppel and the courts applied these criteria to a wide range of proprietary estoppel claims. However these criteria were criticised for being too strict leading to the broader approach established in Taylor Fashions Ltd v Liverpool Trustees Co Ltd (1982) where Oliver J stated: ‘whether, in particular individual circumstances, it would be unconscionable for a party to be permitted to deny that which, knowingly or unknowingly, he has allowed or encouraged another to assume to his detriment’. Although the approach became broader there still remained essential elements which must be satisfied for a successful claim. The more modern approach towards proprietary estoppel is based on three main elements, firstly an assurance of land or property being made to the claimant, the claimant relying on the assurance which has been made and finally the claimant suffering a detriment as a consequence of relying on the assurance made. The main point for discussion and questioning in proprietary estoppel is the role of unconscionaibility and whether it should be treated as a fourth element which too must be satisfied in order for a claim to be successful or if unconscionaibility is interlinked with the other elements of proprietary estoppel. Proprietary estoppel acts as ‘a sword and a shield’ and can be used in one of two ways. ‘Put positively, the reason why it is possible to use proprietary estoppel to generate a property interest in a favour of a claimant despite the absence of the normal formality rules is because of the need to prevent unconscionable conduct. This is why unconscionaibility is the foundation of estoppel. It is the antidote to the otherwise fatal absence of formality. ’ This is one of the views on unconscionaibility which suggest that unconscionaibility is at the heart of proprietary estoppel rather than a separate element of it. The first element of proprietary estoppel is encouragement where the claimant’s belief that they would have some rights over land or property has been encouraged by the promisor and this could have been done actively or passively. Active encouragement is seen in common expectation cases where the claimant has been actively persuaded through an express representation as in Inwards v Baker (1965) where a son was actively encouraged to build on his fathers land in the expectation that it would be his in the future. Common expectation cases are dealt with more generously by judges, compared to passive cases, as the promisor has lead the claimant to have a reasonable belief that they would acquire the land therefore leading them to rely upon that assurance causing them to suffer a detriment. It would be seen as unconscionable in a common expectation case for the claimant to have been encouraged to suffer a detriment for the promisor to then go back on their assurance, meaning that unconscionaibility is instantly a running theme in the elements as it can be seen at the first instance and should therefore not be treated as a separate element. The encouragement could also be passive, for example a land owner standing by watching someone build on their land knowing that somebody is acting under a mistaken belief. The nature of a passive expectation made to the claimant can be distinguished in commercial and domestic cases as was seen in Cobbe v Yeoman’s Row Management Ltd (2008) where the House of Lords established that the expectation of an interest in land should not be vague in a commercial situation. The expectation should be for ‘a certain interest in land’ for proprietary estoppel purposes which was not the expectation held by Cobbe therefore the expectation was held to be too vague. Lord Scott stated ‘Unconscionaibility in my opinion plays a very important part in the doctrine of equitable estoppel, in unifying and confirming, as it were, the other elements. If the other elements appear to be present but the result does not shock the conscience of the court, the analysis needs to be looked at again. This statement shows how case law endorses the unconscionaibility approach as being interlinked with the other elements of proprietary estoppel however if all of the elements are not satisfied there can not be a claim for proprietary estoppel as is the case here. In domestic (family) cases, the nature of the expectation doesn’t have to be so specific as long as there is an interest or right in land that would amount to a significant expectation. The assura nce made must be clear enough so that claimant is found to have relied upon. Lord Walker stated in the case of Thorner v Major (2009) â€Å"There is no definition of proprietary estoppel that is both comprehensive and uncontroversial†¦the doctrine is based on three main elements, although they express them in slightly different terms: a representation or assurance made to the claimant; reliance on it by the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance† One view on unconscionaibility stated that ‘Once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it’ therefore if it cannot be proven that an assurance existed then it wont be unconscionable for it to be withdrawn showing that unconscionaibility is a running theme within proprietary estoppel rather than a separate element. One difficulty in deciding these kinds of cases is that although an assurance has been made to the claimant in the way of a will, the claimant is also aware th at the will could be revoked at any time therefore the question to be asked is whether their reliance based on the assurance was adequate. The second element of proprietary estoppel is reliance where the claimant must have been encouraged to rely on the promisor’s assurance which has caused them to suffer a detrimental loss by changing their position and there must be a sufficient causal link between this in that the encouragement must have caused the detriment suffered. Reliance can not be treated as an element alone it has to have caused a change in the position of the claimant, if no detriment has been suffered then there can be no claim for proprietary estoppel. There are several ways in which the courts can show how the claimant was influenced to rely on the encouragement; firstly is by clearly showing that there has been a change in position by the claimants positive act, for example the claimant spending money on the land or making property improvements based on the assurance that it will become theirs, causing them to suffer a detriment. Where the claimant has acted in a way different to what he would had the assurance not been made nd relied on this can also show how the encouragement has influenced the reliance causing a detriment as in Jones (AE) v Jones (FW) (1977) where a son acted on the assurance of property becoming his left his job and house to live with his father, however had the assurance not had been made he would not have done this leading to the detriment that he suffered. There can be a presumption made that the claimant relied on the assurances given to them based on there conduct and in these cases the burden is put onto the other party to prove that the claimant did not rely on the promises made and this is hard to prove as it is a subjective matter based on the claimants state of mind. This was the case in Greasley v Cooke (1980) where the defendant did not have to prove that she relied on assurances as it was presumed from her conduct. The final element of proprietary estoppel is that the person must have suffered a detriment due to the reliance on the assurance which has caused a change in their position. The detriment suffered can be in many forms not just that of financial detriment although it must be substantial in making it unconscionable for the land owner to withdraw their promise of land to the claimant. Walton v Walton (1994) shows where financial detriment wasn’t the main detriment suffered, the claimant had suffered a personal detriment as he had spent years of his life relying on the assurance made to him that the farm would one day be his, and he couldn’t get those years of his life back. Public policy in formalities of contracts plays a major part in the deciding claims for proprietary estoppel. Section 2 Law of Property (Miscellaneous Previsions) Act 1989 states that (1) A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document, or where contracts are exchanged, in each. This act stops informalities in land transfers where a claimant would be expected to sign up a contract but hasn’t done so, as in Cobbe, and this is where they would turn to proprietary estoppel to try and show that the detriment which they have suffered is due to the unconsionability of the removal of the assurance which they had originally relied on. Proprietary estoppel acts as a way around formalities and a form of protection for those who have not followed contractual formalities in the transfer of land. Why should people be able to use proprietary estoppel to make a claim for land where they have followed formalities and drawn up a contract as in Cobbe, it can be seen that it is not unconscionable for the promisor to withdraw as there is no contractual agreement. However in domestic cases where there wouldn’t always be an expectation of a legal contract to be drawn up proprietary estoppel can stop unfair decisions being made due to the lack of formalities where it would be unconscionable for the defendant to suffer a detriment due to an assurance on which they have relied. There are clearly two competing arguments against proprietary estoppel, the first being that ‘once there has been detrimental reliance on an assurance, it is unconscionable to withdraw it. Indicating that unconscionaibility is a function of the three elements. If unconscionaibility was seen as a separate element then it would be pointless in having formalities as it wouldn’t matter whether it was unconscionable or not as long as the other elements had been satisfied. The second view on unconscionaibility is that of it being a separate fourth element and in some circumstance this can be seen as being successful for example in commercial cases where the first three elements of proprietary estoppel have been established but it would be unconscionable for the claimant to benefit due to the lack of formalities and contractual agreement.

The Process of writing an Essay Example For Students

The Process of writing an Essay Do you know how to write an essay? Writing an essay could be easy or hard. Some students cannot do it well and that is why they hate it. You can find the writing as something interesting and important for your own future. If you do not know how to write an essay, there are several steps that you can follow. There are three basic steps to write an essay; discovering a topic, supporting the thesis, and editing the essay. Through these steps, you can write an effective and clear essay. First of all, you need to get some information and materials to discover a thesis and a topic sentence. For example, you can use prewriting, which can be freewriting, making a list, and questioning Langan 23-32. The freewriting technique is to help you write sentences or phrases without worrying about spelling or grammar mistakes. Freewriting is a good way to overcome mental blocks about writing. You can also learn the habit of thinking how to start writing a rough draft. Another helpful technique is making a list, also known as brainstorming. You start writing ideas and details that relate to your subject. Brainstorming can help you put the ideas in chronological order. Questioning is also a good method to find ideas and details. For example, questioning yourself such questions include Why? When? Who? And How? Langan 23-32. Asking these questions can be an effective way of getting yourself to think about specific topics. Secondly, the next step is supporting the thesis. Usually, you need three supporting paragraphs and those can be the body parts of the essay. You should organize adequate and specific details. Supporting paragraphs consist of concrete evidence such as giving examples, getting direct quotes, and personal experiences Langan 55. Each one has the importance of making the essay clearer. Now you have an outline of the essay. Then you arrange an introductory and concluding paragraph based on the thesis. On the other hand, using opposing ideas or questions in the introduction is one way to make the essay more interesting, because it gets the interest of the reader Langan 87-89. Finally, you should edit your essay for its contents and style. Editing is one of the important stages of the writing process. It is as important as prewriting, outlining, and drafting. Revising includes checking the structure, the grammatical accuracy, and the contents of the paper Langan 34-36. Editing involves rewriting the paper to make it clearer and stronger. By editing, you can make sure whether your paper is unified, supported, and well organized. Also, revising which is included in editing, helps you to correct errors in grammatical mistakes, punctuation, and spelling Langan 34-36. Of course, it is very helpful to use a dictionary to do the revising and editing. After the editing, you can finally type your essay to make it complete. In conclusion, if you ask yourself how to write an essay, it is important to have in mind to follow a process to develop  an essay. This process consists on discovering a topic, supporting the thesis, and editing the essay. Discovering a topic includes freewriting, making a list, and questioning. Supporting the thesis also includes giving examples, getting direct quotes, and discovering personal experiences. Editing the essay likewise involves rewriting the essay to make it clearer and stronger. Will you be more concern of writing an essay?

Finding Military Time on an Essay

Finding Military Time on an EssayIf you are planning to write military time on an essay or curriculum vitae, you can find time management tips on this site. After doing a little research on writing a military curriculum vitae, it is a sure way to have good information and to avoid extra stresses and anxieties.Using the Armed Forces Scholarship Money to pay for college does not sound too impossible to do when you are a family of soldiers and college students. But, this might not be possible if you have a second job or if you don't have a lot of savings or funds to spare. Some scholarships are for military only and most do not offer any type of financial aid in their applications. It is understandable that those who served their country would not want to leave it when they have to attend college.However, the armed forces have created scholarship funds for all types of people regardless of race, gender, religion or sexual orientation. Scholarships may be awarded to the military applican t and it will be up to the student to decide which scholarship to apply for.The scholarship for those who have served in the military is an easy way to find military scholarship money so it is very helpful. There are thousands of scholarships that are available to the military personnel and it will be up to the students to search for them.There are a lot of websites that are specialized in offering help to military people who need financial assistance and by becoming a member, you will also get access to their database of scholarships for military personnel. The advantage is that it will not only help you find money but you can also access all of the other services and information that the website offers as well.Writing military time on an essay will be easier and you will be able to finish your essay in less time. This will help you to apply for scholarships faster. The first thing you have to do is to research the necessary information and you can get that from the websites that a re listed below.These websites are dedicated to helping military personnel to attain a degree and writing a military time on an essay is one of the easiest ways to do that. It will help you have the necessary papers to present to your college.These websites will provide you with some advice on how to write and use different software programs and online military time on an essay. You can choose the right material and format depending on your school requirements. It will also help you study hard and earn a degree faster so it is a very good idea to make use of the help that these websites can offer.

Who Can Write About American Womens History?

Who Can Write About American Women's History?It has been found that there are a lot of American women's history research paper topics to select from. You can find a lot of different topics here and you should be able to choose the one that best suits your needs. Most of the history research papers take time to prepare and it is always better to have a topic prepared well in advance so that you will be able to read on a regular basis.The topic you pick should be able to display the amazing accomplishments of the American women during their time. You should also mention in the paper that they were brave, strong and not to mention intelligent. They were a lot like other women today who were able to make a mark in their careers.When you write about these ladies, you need to have your own individual ideas about their past achievements. You may want to talk about how they made a difference in the world today or how they helped change the world. You can also talk about the things that they did when they were young so that you would know what she did when she was a kid. That way you would be able to come up with a truly original paper topic that could get a lot of attention from other students.One of the best possible subjects for the history paper is the women's suffrage movement. This is one subject that could give your paper a lot of controversy. When women are given the right to vote this is an amazing event which has sparked a lot of debates today. There are still debates about how the suffragettes could have done what they did and why they did it.These days there are many debates happening among the ladies worldwide as to what would have happened if the women had been able to vote. This is a great subject to consider because it is a topic that actually touches on some important issues and could help you make some great points during your paper. In fact, the latest political polls show that more women than men support the suffragettes.Of course, there are many top ics which were focused on by American women. These topics are ones that have been changed in order to focus on the achievements of these women during their lives. The first topic, which is not surprising at all is the Civil Rights Movement.These were great stories which helped to help women in general understand that they can do anything that they set their minds to. Some of the pioneers in this movement were arrested and even beaten and their families suffered greatly. Some women in particular didn't have the same opportunities as other women to have the same opportunities.All in all, American women's history research paper topics are many and it is up to you to choose the ones that you would prefer. Take your time and make sure that you find the ones that are interesting for you and for your readers.

Leadership Concepts That Are Vital Too Successful Quality Management Implementation

A Look at the Atomfest

A Look at the AtomfestEvery year at the end of June there is a large gathering in Cambridge, MA, called the Atomfest, which for some people is more important than the yearly scientific conference in Washington, DC. While science conferences are important and all, to me the event that is just as important is the Atomic Bomb Research Paper Contest.It is an interesting topic, as it is about the peace of nations. However, I feel that at the time when we have to do our best to reduce nuclear weapons that this is something worth doing, so there is something else that is really important.The Atomfest in Cambridge is one of the major American gatherings that brings together scientists from all over the country. Some people think that by attending an annual conference for nuclear physicists is just throwing our money away, but these people often don't know much about physics, and some physicists don't even like the term 'nuclear physicist.'When you see the name, I'm sure that you will start t hinking of nuclear researchers for new inventions and research paper topics. But actually we are not just here to invent new devices or research topics. We are here to see the outstanding work in physics.The Atomfest is a four day conference with amazing presentations and a lot of practical experiments in front of all of us. This year the field was from Los Alamos National Laboratories, and that is considered to be a grand success. The lab has had very successful experiments in particle physics, fusion research, and have developed new technologies in nuclear safety.This year's experiments were about how fusion reactors work, about atoms and what they are made of, about uranium fission and what happens with atoms around a radioactive substance. Some of the atomic bombs used for practice are used in this device, and the bomb tests were also included. While this is only a science paper contest, that is actually not very different from a science and engineering competition. For instance , there are different ways that you can go into the contest, but it does give the rest of the field something to do at the end of the day and there is more money in it for the rest of the world.

6 Functions of Behavior and How to Identifying Them

6 Functions of Behavior and How to Identifying Them Behavior is what humans do, and its observable and measurable. Whether it is to walk from one place to another or to crack ones knuckles, behavior serves some type of function. In the research-based approach to modifying behavior, called  Applied Behavior Analysis, the function  of an inappropriate behavior is sought out, in  order to find a replacement behavior to substitute it. Every behavior serves a function and provides  a consequence or  reinforcement  for the behavior. Spotting the Function of a Behavior When one successfully identifies the function of the behavior, one can reinforce an alternate, acceptable behavior that will replace it. When a student has a particular need or function fulfilled by an alternate means, the mal-adaptive or unacceptable behavior is less likely to reappear. For example, if a child needs attention, and one gives them attention in an appropriate way because of appropriate behavior, humans tend to cement the appropriate behavior and make the inappropriate or unwanted behavior less likely to appear. The Six Most Common Functions for Behaviors To obtain a preferred item or activity.Escape or avoidance. The behavior helps the child to escape from a setting or activity that he or she doesnt want.To get attention, either from significant adults or peers.To communicate. This is especially true with children with disabilities that limit their ability to communicate.Self-stimulation, when the behavior itself provides reinforcement.Control or power. Some students feel particularly powerless and a problematic behavior may give them a sense of power or control. Identifying the Function ABA uses a simple acronym, while  ABC  (Antecedent-Behavior-Consequence) defines the three pivotal parts of behavior. The definitions are as follows: Antecedent:  The environment in which the behavior occurs and the circumstances that surround the occurrence of the behavior or people in the environment when the behavior occurs.Behavior: The behavior, what the student actually does, that needs to be defined.Consequence:  Everything that happens after the behavior, including how people respond to the behavior and what happens to the rest of the students educational program. The clearest evidence of how a behavior functions for a child is seen in the antecedent (A) and the consequence (C.) The Antecedent In the antecedent,  everything happens immediately before the behavior occurs. It is sometimes also referred to as the setting event, but a setting event may be part of the antecedent and not the whole. The teacher or ABA practitioner needs to ask if something is in the environment that may lead to the behavior, such as escaping loud noises, a person who always presents a demand or a change in routine that might seem frightening to a child. There also may be something that happens in that environment that seems to have a causal relationship, like the entrance of a pretty girl which can draw attention. The Consequence In ABA, the term consequence has a very specific meaning, which at the same time is broader than the use of consequence, as it usually is, to mean punishment. The consequence is what happens as the result of the behavior. That consequence is usually the reward or reinforcement for the behavior. Consider consequences like the child being removed from the room or the teacher backing off and giving the child something easier or fun to do. Another consequence may include the teacher getting really angry and starting to scream. It is usually in how the consequence interacts with the antecedent that one can find the function of the behavior.   Examples of the Pivotal Parts of Behavior Example 1: Jeremy has been taking his clothes off in the classroom. During a structured observation, the therapist noticed that when the time for art approaches, Jeremy gets really agitated. When the teacher announces, Time to clean up to go to art, Jeremy will throw himself on the floor and start pulling his shirt off. It has now gotten to the point where he quickly pulls his socks and pants off, as well, so the office will call his mother to take him home. The function here is to  escape. Jeremy doesnt have to go to art class. The teachers need to figure out what it is that Jeremy wants to escape from art. The teacher may start taking his favorite toy to art and not putting any demands on him, or he/she may want to put headsets on Jeremy (the room may be too loud, or the teachers voice may be too high pitched.) Example 2: The moment that Hilary is given a demand after group, she begins to tantrum. She clears her desk with a sweep, knocks it over, and throws herself to the floor. Recently she has added biting. It has taken as much as a half hour to calm her down, but after attacking the other students, the principal has been sending her home with Mom, who she has to herself for the rest of the day. This is another function of escape, though because of the consequence, one might say it is also indirectly attention since she gets the undivided attention of Mom when she gets home. The teacher needs to work on slowly shaping the academic behavior, giving her preferred activities at her desk, and making sure there is a home note that helps Mom give Hilary extra attention, away from her typical siblings, when she has a great day. Example 3: Carlos is a  seventh grader with low functioning autism. He has been hitting girls when he goes to lunch or gym, though not hard. They are affectionately referred to as love pats. He occasionally hits a boy with long hair, but his focus is usually girls. He usually grins after he has done it. Here, the function is attention. Carlos is an adolescent boy, and he wants the attention of pretty girls. He needs to learn to greet girls appropriately to get their attention.