Undue Influence law Essay Online For Free - Free Essay Example

Sample details Pages: 6 Words: 1756 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Essay any type Topics: Influence Essay Did you like this example? Part A Introduction The facts present various problems. The first issue is undue influence. This is the most obvious issue. Don’t waste time! Our writers will create an original "Undue Influence law Essay Online For Free" essay for you Create order Rachel took a mortgage out with Ernest for debts that her husband owed for his business and for this reason, it was a transaction not for her advantage. The second issue that must be discussed is sales at undervalue – a friend of the mortgagee advised his sister to purchase the property at a much reduced price. The final issue is the second charge, and the rights that the second mortgagee may have in regard to the sale and any proceeds from it. Undue influence The basic idea behind the doctrine of undue influence is that a person should not be held to a transaction if induced to enter into that transaction due to the exercise of power over him by someone with whom he had a relationship of confidence or trust.[1] Undue influence arrives when two key elements exist. Firstly, there must be a relationship of trust and secondly, there must be some evidence of abuse of trust.[2] In the case of Barclays Bank plc v O’Brien [3] the husband needed to raise money for his bus iness, and owned the matrimonial home jointly with his wife. They used the house as security for the overdraft, and his wife signed the paperwork and attended the bank to secure the funding. When the bank wished to foreclose, she claimed the mortgage was not enforceable against her, because she was a victim of undue influence by her husband and misrepresentation by the bank. Although the case was decided on misrepresentation, Lord Browne-Wilkinson set our two categories of undue influence. Class 1 was where the claimant had to prove that there was actual undue influence over her and this was the reason for entering into the transaction. Class 2 constitutes presumed undue influence, where all the claimant needed to prove is that a relationship of trust and confidence between her and the wrongdoer and was induced to enter into the transaction to her manifest disadvantage. The classification above was not entirely discounted in the case of Royal Bank of Scotland v Etridge [4] but ch anged in that the presumption in the second category was changed. It is now necessary for the person alleging undue influence to prove it. In Etridge, the court confirmed that manifest disadvantage was still needed, as it acts as a necessary limitation on the relationship of trust. If undue influence is proven, then the complainant will have the right to have the transaction set aside against the wrongdoer. In regard to the mortgagee, the undue influence gives rise to an equity in favour of the complainant – a right of remedy against the wrongdoer. This equity will be binding on the mortgagee if it has notice of the equity. In the class 2 cases as long as the relationship is known to the mortgagee, the mortgagee must be taken to be aware of the undue influence as it is a presumed consequence of the relationship.[5] In Etridge, the courts laid down the steps that the mortgagee should take, in order to protect itself against this requirement, when it is aware of a relationship of trust. These included insisting the wife obtained independent legal advise, and made aware of the consequences of her actions, and then obtaining this in writing from the solicitor of her choice acting for her. If these steps are not taken, then the transaction can be set aside against the mortgagee. In the present case, Rachel secured a  £90,000.00 loan from Ernest against her registered title to Manderlay. The loan was taken for a business debt of her husband. Applying the above facts, there is a relationship of trust between husband and wife. The loan was to Rachel’s manifest disadvantage. As Rachel was married at the time of the loan, Ernest should have taken steps to ensure she was acting of her own free will. On the facts, this appears not to have occurred, and therefore Rachel will have a strong case to set the mortgage aside against Ernest on the basis of undue influence. As the property has already been sold, she can apply to court to have the sale set aside and be reinstated as owner of the property. In regard to the subsequent sale for  £120,000.00 ( a figure below market value) there may be another issue involved – that of sales at undervalue. Sales of undervalue There is another equitable principle related to undue influence, called unconscionable bargain. This arises where there is some benefit to the person making a disposition, but the transaction is so unfair (due to a low price) that there is an unconscionable exploitation of a person for the recipient to obtain an undeserved benefit. [6] In the present case, Ernest’s friend, an estate agent, called Jason, instructed his sister to buy the property, and advised her of a good price. The whole sale and the location and timing set up very suspicious circumstances and Jason’s suggestion of the price is very dubious. On these grounds, Rachel could apply to have the sale set aside on the grounds of unconscionable bargain. Second Charge Where there is more than one registered charge, on the sale, the proceeds of the sale will follow in an order of priority. The first registered charge will be satisfied first, then any excess, can be for the next registered charge. Notice of the sale should be give to all owners of registered charges to ensure their interests are protected. In the present case, Noel had a second charge on Manderlay. He could object to the proceedings of the sale, as the low price it achieves manifestly affected the security he had. He would have a very strong case to set the sale aside. Conclusion Rachel has a strong case to set the mortgage given to Ernest aside on the basis of undue influence. In addition, she can have the sale of her property set aside on the basis of unconscionable bargain. If these actions fail, Noel can apply to have that sale set aside. The only valid charge is the charge for  £60,000.00 in favour of Noel. Part B Introduction It is important to consider trusts arising from contribution, like constructive and resulting trusts and proprietary estoppel. It will also be necessary to consider matrimonial home rights. Once established, the steps that should be taken to protect those rights and rights of persons in actual occupation, under the Land Registration Act, 2002 will be considered. Finally, the position of these rights in unregistered land will also be mentioned. Trusts arising from a contribution and proprietary estoppel Co ownership in land can arise by implication under resulting and constructive trusts. This occurs where there is one owner of the legal estate but some form of contribution by the other person. In Gissing v Gissing [7] Lord Diplock stated that â€Å"A resulting, implied or constructive trust- and it is unnecessary for present purposes to distinguish between these three classes of trust.† From this case, it appears that there are two stages in establishing a common intention trust – an agreement and some detrim ental reliance on it. [8] In regard to the agreement, there must be an agreement at the time of purchase or later that the partner without the legal estate is to have a beneficial interest in the land. Acts to the claimant’s detriment can be contributions, financial and physical. In Lloyds Bank v Rosset[9], these principles were reiterated, and Lord Bridge stated that proprietary estoppel was an alternative to a constructive trust. Proprietary estoppel has been described in the case of Taylor Fashions Ltd v Liverpool Trusts Co.[10] The requirements are that there must be a representation; the representation must be relied upon by the claimant and the reliance on the representation must lead the claimant to act to his detriment. It seems on the facts in the present case, Norman’s long standing girlfriend Emma has made a financial contribution to the house. It seems from her conversation with Norman that she had the intention to acquire an interest and some form of agreement with Norman to have a beneficial interest in the property. She has a strong case to establish a common intention trust. Failing that, the above three requirements of proprietary estoppel would appear to exist, so likewise, she would have an equitable interest in the property. The protection of unregistered interests under the Land Registration Act, 2002 In order to protect an interest in the land of another, under the LRA 2002, Emma should have protected her interest by entering a Notice in the Register of title, under s32 (1). This would have protected her interest on the sale of the property as it would have served as notice to the world that she had an interest in the land. However, as it appears that Emma did not register her interest, the LRA, 2002 in Schedule 3, protects the interest of persons in actual occupation of the property and these rights will override a disposition unless certain exceptions exist. One exception is if an inquiry was made before the di sposition of the person in occupation, and she failed to disclose the right in circumstances where it would be reasonably expected of her. In the present case Reginald did not make any enquiries of Emma, and he should have done so. In the circumstances, he may be bound by her interest. Unregistered land If the title to the land was not registered, then the equitable interest that Emma holds will be enforceable against anyone, except a bona fide purchaser of the land without notice of her interest. The question in that instance would focus on whether Reginald had notice of her interest in the property. As he did have notice of her occupation, he would take the property subject to her interest. Conclusion It seems clear that Emma made a contribution to the property, to her detriment, with the intention of acquiring an interest in it. This would have given her an equitable interest in the property. As she is in actual occupation of the property, whether or not it is registe red, her interest would bind a purchaser. Bibliography Gray, K and Gray, S F: Elements of Land Law (Fourth Edition); Oxford University Press, 2005. Mackenzie, J A and Phillips, M: Textbook on Land Law (9th Edition); Oxford University Press, 2002. www.lawtel.com 1 Footnotes [1] McKenzie,J and Philips, M : Textbook on Land Law, 9th Ed, Oxford, at 19.17.2 [2] Allcard v Skinner (1887) 36 ChD 145 [3] [1994] 1 AC 180 [4] [2001] 3 WLR 1021 [5] McKenzie (above) at 19.17.7 [6] Fry v Lane (1889) 40 ChD 312 [7] [1971] AC 886 [8] Mackenzie at 16.5.1 [9] [1991] 1 AC 107 [10] [1982] 1 QB 133

Object Relational Mapping ( Orm ) - 1874 Words

Object Relational Mapping (ORM) is a programming technique for converting data between incompatible types in object oriented programming languages. ORM can be considered as a mechanism that helps and aids in addressing, accessing and manipulating data without having to necessarily consider the relationship between the data and the data source. Programmers can maintain a constant view of objects over time and can adapt to application access or data delivery changes while using ORM. ORM manages the mapping properties amongst a set of objects that have underlying relational databases, repositories or other sources of data that simultaneously hide constant details that have been changed in related interfaces from the developers and the code they create. ORM makes it theoretically possible for developers to switch applications between relational databases. Since ORM tools mostly rely heavily on metadata of both the database and objects, the objects do not need to know anything about the d atabase and the database doesn’t need to know anything about how the data is structured in the application. ORM provides a clean well designed data application. Advantages of ORM The most important key feature of using ORM is the mapping it uses to bind an object to its database. ORM performs the task of managing the application’s interactions with the database. There are various number of benefits to using ORM for development of database applications. The productivity increases as duringShow MoreRelatedObject Relational Mapping Tool For Java1805 Words   |  8 Pages â€Æ' Abstract Object Relational mapping tool (ORM) is the tool to simplify the creation of data access layers, automate data access, or generate data access code. Hibernate is one the best ORM tools that are being used for developing various applications. It can also be used to develop Standalone applications. It enables Developers to write applications easily whose data outlives the application process. It is popular open source object relational mapping tool providing powerful, ultra-high performanceRead MoreConcept Of Hibernate Objectrelationalmapping ( Orm ) Tool And How Hibernate1473 Words   |  6 PagesAbstract This paper explains the concept of Hibernate ObjectRelationalMapping(ORM) tool and how hibernate can be used to simplify the development of Java/J2EE application to interact with the database. The purpose of any ObjectRelationalMapping tool is to simplify the data creation, data manipulation and data access for an object in accordance with the relational database. Several ORM tools were introduced in the market over years and one of the most extensively used in the today’s market is HibernateRead MoreThe Locality Guide System Website Essay2019 Words   |  9 PagesCustomer retrieved any time when ever required using person’s username and password. Customer can easy to shop items and search local area shops. This System use to easy Order Items and Search location of his/her area Shops. 1.2 OBJECTIVES ïÆ'Ëœ Our main object is to make Shop Online and Search available Shops Local area. ïÆ'Ëœ So, They can more selling and marketing. Any user can Buy a Product on Click and Search his/her area Shops on Click. 1.3 SCOPE The Website is useful for Local Area Guide. This WebsiteRead MoreWeb Api Using The Entity Framework1826 Words   |  8 PagesThis chapter organized as follows. †¢ Using Entity Framework o Creating a data model from existing database †¢ Creating Web API using Visual Studio o Working with JSON Object in ASP.NET MVC using Angular †¢ Using Angular JS with ASP.NET MVC o Sending and Receiving JSON Object to Angular JS Using Entity Framework ActiveX Data Objects (ADO), in .Net framework ADO.Net is a set of classes to expose the data access services for .Net framework developer. ADO.Net contains the set of components to createRead MoreSecurity Of Nosql Database Against Intruders Essay1707 Words   |  7 Pagesdatabases efficiently to offer excessive availability and scalability to users. The new type of database resolves many new challenges especially in large-scale and high concurrency applications which are not present in relational database. These new sorts of databases are not relational by using explanations and hence they do not prop up whole SQL performance. As progressively insightful big data is being saved in NoSQL databases, it is essential to preserve higher security measures to ensure safe andRead MoreCase Study : Hospital Device Management1428 Words   |  6 Pageswith JSP ,ANGULAR JS templates and HTML. †¢ Used DOM for representing and interacting with objects in HTML, XHTML, and XML documents. †¢ concerned in configuring Front office with eclipse for deploying, version controlling tool. †¢ Used the light weight container of the Spring Frame work to provide architectural flexibility for inversion of controller (IOC). †¢ Used Hibernate ORM module as an Object Relational mapping tool for back end operations over Oracle database. †¢ documents of common troubles priorRead MoreEntity-Relationship Diagrams and the Relational Model2499 Words   |  10 PagesReview Entity-Relationship Diagrams and the Relational Model CS 186, Fall 2007, Lecture 2 R G, Chaps. 23 A relationship, I think, is like a shark, you know? It has to constantly move forward or it dies. And I think what we got on our hands is a dead shark. Woody Allen (from Annie Hall, 1979) †¢ Why use a DBMS? OS provides RAM and disk Review †¢ Why use a DBMS? OS provides RAM and disk – Concurrency – Recovery – Abstraction, Data Independence – Query Languages – Efficiency (for most tasks)Read MoreA Detailed Look Into The System Implementation1640 Words   |  7 Pagesis a Java based development framework focusing on application-level infrastructural support for the development of enterprise systems most notably MVC (model view control) web applications. 2.5.5 Hibernate Framework Hibernate is an object / relational Mapping (ORM) persistence framework valued for its scalability with other frameworks such as Spring to customize applications and combine the advantages of both frameworks. 2.5.6 Red Hat Jboss Jboss is a scalable and secure Java based middleware

Life processes †Biodiversity Free Essays

Often referred to as â€Å"Ecosystems†, Biomes are environments that differ depending on certain factors such as plant life, human presence (which will increase or decrease the pollution levels depending on the advancement of the civilization) and weather/climate. Biomes are easier to define in the worlds of biology, ecology, and biogeography than areas of the planet that have been sectioned and defined by the presence of humans. There are 6 basic terrestrial and aquatic biomes, these can be categorised into Freshwater, Marine, Desert, Forest, Grassland and Tundra. We will write a custom essay sample on Life processes – Biodiversity or any similar topic only for you Order Now Every different type of ecosystem is unique unto itself, with forms of plant life and animal species that are found only within them. The animals collect in these environment and they rely on the plants for food or shelter or both. Other major factors within a biome are the existence of clean water and suitable weather conditions that these animals can live comfortably in, without these factors, the ecosystem would fail. Biodiversity exists within a biome, this is used to categorise the different types of life within them. Sub definitions are food-chains, placing predatory animals that feed on lesser able animals higher up. Below is an example of a food chain in the rainforest. (1) A food web is a more detailed way of connecting food chains. A food chain diagram, like the one located to the left can only depict a simple staged diagram, whereas a food chain can show how many different types of wildlife can survive on different. Many animals eat more than one thing, a way of showing this is to illustrate it in a food web. An example of one can be seen below. (3) Animals multiply and thrive in some places better than others, for example, varieties of insects that rely on certain types of abiotic climates such as the warm and humid types found in rainforests, would not be able to survive in a desert environment as the conditions there would not provide them with the adequate plant life they need in order to survive both for food and shelter. Using the diagram located to the left it is possible to view some of the more widely known wildlife in this particular ecosystem, however if one were to compare this particular environment to one on the opposite end of the scale, for example, the desert, the wildlife, plant life and factors of human interference would be dramatically different. Rainforests have long been affected by the presence of man and as a result have diminished in size dramatically; this has a direct result on the ecosystems found within them. Our continuing harvesting of wood from trees and the use of land for grazing purposes for farms and such has reached a deadly climax for many species and has forced the wildlife and animal life to adapt to the changes and although they continue to live within these ever changing environments, some species have not. According to sources between 30-100 species of animals, including birds, mammals, fish and insects are being wiped out every single day due to human interference in their habitats (2) The question of which biome has the highest and lowest biodiversity is one that is in constant competition within scientists. Some believe it to be the marine biome as some say there are more variations of plant and marine life and it is the largest, covering two thirds of the earth’s surface. Another point directly relating to this particular decision is the affect of humans on the biome. Humans pollute the seas daily, this is not in contention, however the sheer volume of area within which these species survive is not as affected as the land as humans cannot affect as much of it as they cannot access it all. Another argument is that the neotropical climate of climate of Costa Rica puts it at the top, it has over 500,000 different types of species, approximately 300,000 of these are insects. An example of adapting within biomes is that of squirrels. Traditionally found in Britain are the Red and Grey squirrel, the latter of which was introduced to Britain around 130 years ago. The community of the red squirrel is under threat due to the grey squirrel, they raid the food hordes of the red’s and as a result their numbers are dwindling. The red squirrel is unable to digest acorns unlike their foreign cousins form across the seas, as a result, the red squirrel is unable to survive in many of the oak laden wooded areas around Britain, over time the red squirrel has found its niche and now, although greatly outnumbered, approx 2. 5 million greys to 160,000 red, the population have survived in man made habitats such as the one on the Isle of Wight and in North East England, Scotland Wales. Being born and raised in Blean, Canterbury, a regular family outing would be to take regular treks through Blean woods. This is a perfect example of a local ecosystem and evidence of biodiversity. Blean woods spans over 3,000 hectares and within its boundaries thrive many different types of wildlife. Nature reserves have been set up including an RSPB base and guided walks are available on most days, taking nature lovers deep into its terrain to understand, view and record the process of nature that dwells within. The woods themselves are a popular attraction with tourists that travel from far and wide, many of which are people who have come to discover Canterbury and wish to find out more about the surrounding areas. The area itself is maintained by charitable organisations and funded by donations and it is important to understand the financial benefit that these woods have on the area and how much people depend on them. The Conifer tree is the breed of tree that is found the least in these particular woods but there are sanctuaries within it that breed these trees. How to cite Life processes – Biodiversity, Essays

Safety Issues of the Suburban Utility Vehicle free essay sample

This paper discusses the relative risk of buying a Suburban Utility Vehicle (or SUV) as opposed to a standard car automobile from the point of view of a consumer. This paper discusses in detail the safety of the Suburban Utility Vehicle (or SUV). The author uses the science of physics and engineering and the relationship between a cars relative mass and center of gravity to understand to understand the problems. The author states that increasing the track width is the only way to make the vehicles more stable but that may modify the appearance of the car. What can be done to remedy these concerns over the Wranglers design? To answer this question, one must do more than simply understand more about the safety features of this particular vehicle or of SUVs in general. One must turn to the science of physics and engineering and the relationship between a cars relative mass and center of gravity to understand what the risks are for each vehicle and how best to potentially remedy those risk. We will write a custom essay sample on Safety Issues of the Suburban Utility Vehicle or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Or, to put the question in another way, if Einstein were an auto mechanic, what type of Jeep Wrangler would he like to be riding in? How might he modify the vehicles design?