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

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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. 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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?

Wuthering Heights Essays (884 words) - British Films,

Wuthering Heights When Wuthering Heights was published it was blasted it's contemporaries as obscene. They railed that Catherine and Heathcliff were the most immoral and in general worst people they had ever had the misfortune of reading about. Although Wuthering Heights has taken it's rightful place as masterwork of 19th century literature and Emily Bront? has receive credit for her work, it is still possible to see where the early attacks are based. Heathcliff especially behaves in a very obtuse manner. The basis for this behavior is Heathcliff's bizarre love/hate relationship with Catherine. His frustrated desire to be with her causes him deep personal pain, which he transfers to other characters in a sadistic attempt to force them to feel that pain as well. Heathcliff and Catherine's relationship is neither stable nor in any way normal. Instead it is full of violent emotions which are either soaring high or dashingly low, with very little between the two. Catherine declares that she and Heathcliff "Whatever souls are made of, his and mine are the same"(73). Heathcliff desires nothing more than to be with Catherine, but their relationship is undermined by the revelation that Catherine feels that "it would degrade me to marry Heathcliff . . ."(73). Heathcliff was unsuitable to Catherine because he is poor with no family. However, Edgar Linton has both and for those shallow reasons Catherine marries Edgar betraying Heathcliff's feelings for her and her own feeling as well. Catherine had hoped to marry Edgar but also to keep on loving Heathcliff as well, to "have her cake and eat it too". The violence, hatred, love, and passion of Catherine and Heathcliff's relationship is encapsulated in their "conversation" on Catherine's deathbed: He [Heathcliff] could hardly bear, for downright agony, to look into her face. . . . She was fated, sure to die. ?Oh, Cathy! Oh, my life! How can I bear it?'[Heathcliff speaking] . . . . . . . . . . . . [Catherine speaking,]?I shall not pity you, not I. You have killed me? and thriven on it, I think. . . How may years do you mean to live on after I am gone? . . . .. . . . . . . . I shouldn't care what you suffered. I care nothing for your sufferings. Why shouldn't you suffer? I do!' . . . . . . . . . . . . [Heathcliff answers,]?You know you lie to say I have killed you: . . . I could as soon forget you as my own existence! Is it not sufficient for your infernal selfishness, that while you are at peace I shall writhe in the torments of hell? . . . . . . . . . . . . How cruel you've been?cruel and false. . . . . . .. . . . . . I have not broken your heart?you have broken it; and in breaking it have broken mine. . . . What kind of living will it be when ? oh, God! Would you like to live with your soul in the grave?'(147-48) Love and hate are so closely entwined that they are both expressed in a single sentence. No one will call that exchange ?normal' but it contains the essence of their relationship. Despite the barbs of blame for the situation being thrown there is no doubt that Catherine's death pains Heathcliff to the very soul. Heathcliff becomes determined to share the pain caused by Catherine's betrayal and her death. The victims of his deranged vengeance are Isabella Linton, Edgar Linton, Linton Heathcliff, and Catherine Linton II. "The more the worms writhe, the more I yearn to crush out their entails!"(140). Clearly a sadistic attitude and one that makes it absolutely clear that Heathcliff's marriage to Isabella is a revenge on both Catherine and Edgar. The marriage of Heathcliff to her sister-in-law is emotionally damaging to an already frail Catherine. Edgar, who despises Heathcliff throughout the novel, is shock and very nearly disowns his sister for marrying a ruffian like Heathcliff. So Heathcliff gets vengeance on Edgar as well. Poor Isabella is caught with a man who does not, in fact never, loved her. She writes Nelly, ". There is another motivation for the marriage: money. Though his marriage with Isabella Heathcliff has placed himself in line for not just money, but Edgar Linton's money. With Catherine and Isabella's deaths and the birth of Catherine II and Linton Heathcliff, Heathcliff continues his manipulations into another generation. The forced marriage between first cousins

Free Essays on Public Help

â€Å"Was Welfare Started to help people in need or to help people become depended? I am for helping my neighbor, but when does help turn into support? When does it become my responsibility to take care of your responsibility? My grandmother had 14 children 10 girls and four boys. Out of 10 girls seven of them is now on some form of public assistance. I have an aunt Vanita who is a single mother of five children struggling to survive while working 20-25 hours a week for about seven dollars per hour. Vanita tries to be a proud woman who brags about her self-reliance and her ability to take care of her children with out the help of welfare or child support. Vanita does not receive a monthly welfare check but she does require some assistance from the government. One form of public assistance Vanita receives is from the Family Independency Agency (FIA), which administers the government food stamp program and Medicaid. The FIA provides Vanita with $ 475.00 a month worth of food vouchers. Of course Vanita and her children do not eat that many groceries in a month. Vanita sell part of her food stamps each month, buy expensive meats, or buy plenty of junk food for her children. A few years ago she was receiving so many vouchers each month she became the neighborhood candy lady. The FIA also provides my aunt and cousins with medical insurance. The FIA also helps pay Vanita utilities. The FIA has a program that provides emergency relief for people on public assistance who are faced with non-payment shutoff notices on their phone, gas and electric bills. Sometimes Vanita will purposely not pay her utilities for a couple of months, this way they will bring her a disconnect notice. Once she gets the notice she run down to the public assistance building and they take care of everything. Vanita has a four-bed room two-bath house that she can afford through section 8. Now her monthly rent is $125.00 a month, but if she stops working for any rea... Free Essays on Public Help Free Essays on Public Help â€Å"Was Welfare Started to help people in need or to help people become depended? I am for helping my neighbor, but when does help turn into support? When does it become my responsibility to take care of your responsibility? My grandmother had 14 children 10 girls and four boys. Out of 10 girls seven of them is now on some form of public assistance. I have an aunt Vanita who is a single mother of five children struggling to survive while working 20-25 hours a week for about seven dollars per hour. Vanita tries to be a proud woman who brags about her self-reliance and her ability to take care of her children with out the help of welfare or child support. Vanita does not receive a monthly welfare check but she does require some assistance from the government. One form of public assistance Vanita receives is from the Family Independency Agency (FIA), which administers the government food stamp program and Medicaid. The FIA provides Vanita with $ 475.00 a month worth of food vouchers. Of course Vanita and her children do not eat that many groceries in a month. Vanita sell part of her food stamps each month, buy expensive meats, or buy plenty of junk food for her children. A few years ago she was receiving so many vouchers each month she became the neighborhood candy lady. The FIA also provides my aunt and cousins with medical insurance. The FIA also helps pay Vanita utilities. The FIA has a program that provides emergency relief for people on public assistance who are faced with non-payment shutoff notices on their phone, gas and electric bills. Sometimes Vanita will purposely not pay her utilities for a couple of months, this way they will bring her a disconnect notice. Once she gets the notice she run down to the public assistance building and they take care of everything. Vanita has a four-bed room two-bath house that she can afford through section 8. Now her monthly rent is $125.00 a month, but if she stops working for any rea...

Reason and Faith Essay Example | Topics and Well Written Essays - 1500 words

Reason and Faith - Essay Example Faith is the opposite of reason, and it does not require any evidence for an individual to believe in a given issue or authority. On this basis, faith is a demonstration of assent or trust (Albl, 22). Faith, therefore, involves an act of commitment that emanates from the believer, in relation to a given belief. Religious faith involves the belief of an individual to a supernatural deity or God. The root cause of this faith always comes from an individual revelation of God, or the workings of God (The Bible, 3). On this note, revelation can either be direct, personally experiencing the powers of God. It can also be indirect, that is experiencing the powers of God through the testimonies of other people. Faith that emanates from religion is of two types, namely evidence insensitive faith, and evidence sensitive faith. Evidence sensitive faith is built upon by demonstrable truths, which includes testimonies brought forth by believers or people who ascribe to the same Faith. Mueller (27) denotes that this type of faith is also built on the teachings and lives of people who believed in God. On the other hand, Mueller (29) denotes that evidence-insensitive faith is built upon the individual experiences of a person with his God. All (26) explains that it is possible for a person to believe in God, through faith, or through reason. This paper takes a stand that the Bible is the main book that provides guidance on an individual’s Christian faith. The reason is only used to confirm and provide support for the various religious beliefs. Prickett and Robert (36) denote that the main factor that led to the problems associated with reason and faith comes from the concept of revelation. All religious beliefs are based on revelations. Revelations always entail an individual’s experiences with God, which in turn they are described through sacred pronunciations (Prickett and Robert, 33).  Ã‚