Issues of Company Co-Ownership

Issues of Company Co-Ownership MEMORANDUM 1 i. When in a state of co-ownership, the decision to make alterations and repairs is one in which it is necessary, that both parties must have made a common agreement before any changes are made to a property.[1] It should also be noted that in previous cases where exceptional circumstances arise and the property is in need of necessary repairs that any one of the co-owners is able to make changes to the property.[2]. This can be determined by firstly and very basically establishing that they are in a co ownership,[3] and also that the case provided sees changes made to the property are not repairs as defined as necessary operations in rebuilding, repairing.[4] This means a unanimous agreement was therefore necessary and that the only other way Victor would be entitled to make the changes are seen in Rafique v Amin in which personal bar is referred which would only be relevant if Jack already knew about the changes that were going to be made but chose to do nothing as even though no agreement was reached yet no objection was made. This is also seen not to be the case as Jack was not present or notified at the time of the alterations. Since alterations (not repairs) have been made to the property and not minor changes that are permissible, it can be quite clearly stated that Victor was not permitted to carry out such alterations on the flat. On the one hand there is room for Victor to plead that what is being proposed is so trivial as to fall within the principle enshrined in the brocard à ¢Ã¢â€š ¬Ã‚ ¦ [5] , on the other hand it seems that the changes made could be classified as more than trivial so it seems that Victor was not entitled to carry out the changes made to the property. ii. The issue of whether Jack can do anything to prevent Victor from making more changes can be rather complex. As found in Barkley v Scott(1983) 10 Sh Ct Rep 23 and owner is quite entitled to make changes to a property as long as they are regarded as de minimis meaning that they are minimal such as previously mentioned above.[6] This would be a an ordinary use of the property in which Jack could not prevent although would need further enquiry. It should also be noted that unauthorised actions will become subject to an interdict. This would prevent Victor from carrying out any more alterations to the property. Such action would require court action which in multiple cases sees declarator granted along with interdict and on occasion a reinstatement in favour of the pursuer who at the time was not contacted.[7] It seems that in this case to stop Jack making further amendments an indictment would have to be placed upon him with the penalties for breaking such indictment becoming ever more serious.[8] So, it can be said with absolute certainty that the common proprietor has the right to veto that will therefore prevent further alterations on the property regardless of whether the property they are disputing over is able to be sold or not.[9] On occasion the pursuer often seeks for a financial return through damages. This would see Victor have to pay for the damage he has done, although often the amount to pay out through damages is hard to quantify[10] and it has been said that for a breach there has to be shown to have suffered material damage from such a breach[11]. For that reason, sometimes the repayment of damage maybe in this case is not suitable. So, it can be said that perhaps indictment is one of the most feasible routes here to prevent Victor from making further changes to the flat. Often, this results in Jack who has been greatly inconvenienced to look to dispone his shares of the flat. This would be at Jacks discretion as whilst not directly linked to preventing Victor from making further unwanted changes to the flat this often occurs when there is a break down in cooperation and in practice the best remedy for this is actually the sale and division of the property. iii. Despite it being clear that Victor does not want Jack to sell the property it can be hard to prevent. The selling of a property is of thought to often depend on, mutual compatibility goodwill, and understanding.[12] Providing that this still exists between Jack and Victor the usual step would be to sell shares of the property or sell the property as a whole. It is said in Latin that both in communionemà ¢Ã¢â€š ¬Ã‚ ¦ nemo compellitur invitus detineri[13] and that regardless of the relationship communion est mater rixarum.[14] This is particularly significant in Victors case as it means that if the issue is raised in court each party as pro indiviso owners has an absolute entitlement to the right of division and sale.[15] When the division and sale takes place the property will either be sold all together and then split between co-owners or the property is physically divided into the extent of the shares so in this case it would be evenly split. This does seem to then favour division of the property which would prevent sale however, in a situation where it is seen as far from practical or grossly unsuitable it will end in the sale of a property.[16] This is very much so relevant to issues involving common property that cannot be sold at all such as a commonly used stairwell,[17] or that the co-owners are married in which case would have separate rules or that one of the co-owners has been sequestrated, both are irrelevant to Jack and Victor.[18] It is even possible that it is not sold on the market and that Jack can ask Victor to transfer his share of the of the property to him for half its value, however this is the right to buy out is a contentious one but entirely plausible. It seems therefore, that there is very little Victor can do to prevent Jack from selling the flat. iV. As said previously situations in which property is sold is entirely different for married couples as they follow a separate set of rules regarding the sale of property between co owners. In Jack and Victors current situation at common law both cohabitants initially had no legally recognised status. Although unmarried separation rights are the exact same in property terms when the relationship breaks down it is then they are both distinguishable. Due to Jack and Victor not being married if their relationship was to break down their property would be divided into his his and theirs[19] where each couple will claim exactly what is they individually own. This is different if Jack and Victor were married as if they were then the property would be divided into what it is felt each party needs, like in some cases for example, the husband will leave the matrimonial home to be transferred to his ex-wife, along with the fact that matrimonial couples are seen as one unit rather than being treat ed as complete strangers. As at the end of a relationship in divorce it is to be shared equally[20] as special circumstances can be accounted for and these decisions are generally fully down to judicial discretion as it is then that it is decided to what property the property can be valued as. to what value it has. As at the end of divorce it is all calculated towards a figure as matrimonial property seems to only have significant importance during divorce proceedings which can lead to money being exchanged to make a property transfer order. [21]These are considerations Jack and Victor dont need to currently make as they are not married and the only Act that would apply to cohabitants would be the Family Law Scotland Act.[22] This only goes as far as giving the option of financial provisions and also to make sure that goods are perceived as co owned, cohabitants have similar but not entirely equal occupancy rights (such as occupancy rights only up to 6 months ) as contained in the M atrimonial Homes Act 1981. This highlights the problems of couples who live together outside of marriage (such as Jack and Victor) face when their relationship breaks down as while they have some rights protected by some Acts they are not as greatly protected as married couples are. i A lease can be defined as a contract between one person who grants permission for the other to use their property for a set amount of time in return for payment, which is known as rent. There are 3 types commercial, agricultural and residential property. Navid seemingly falls into the commercial property bracket. There are 4 main elements for a valid lease to be present. The first is that there must be a general agreement between the two parties the lessor and the lessee. Secondly, there must be property. The lessee must be given possession of the property and unless in special cases such as shooting rights which can be leased although this must be clarified so the subject of the lease is found.[23] Rent is another which is usual paid periodically and in most circumstance on a monthly basis but can be paid in various different ways such as through services and not only through money.[24] The court may also find a lease exists as long as the other three elements are found.[25] Finally for a lease to be valid there has to be a duration on the lease. So in theory it is allowed for a lease to last for many years.[26] So far it can easily be established that both Navid and Isa have a valid lease in place. Furthermore, the formality of whether or not the lease was signed is irrelevant if the lease lasts one year or less, and longer and both parties must have a written agreement.[27] So, if Navid has entered into a lease for over with Isa for it to be valid it is hoped that there was a written agreement in place along with the other four elements listed above. In most cases a lease will contain the rights of both the tenant and the landlord. This is because the lease is recognised by the law with its own set of terms. The first is possession and that the landlord is obligated (so in this case Isa) to give the tenant what is known as natural possession, one that the landlord should not interfere with.[28] The tenant as a consequence must be present in the property with only short absences allowed as without such a possession of the property the lease can be regarded as a material breach such as when a tenant was absent from a prison due to detention in prison.[29] The second reason is that rent must be paid by the tenant when it is due. The reason leases are so short and are often changed is due to changes in external factors such as inflation, if the new rate set is not agreed on it is for the third party to decide, which will see the rent set in line with market rates. Thirdly, the property must be sufficiently plenished by the landlord to a reasonable standard in which it would be expected to be equitable for the payment of rent, as without this an interdict can be put in place against the land lord.[30] The tenant is also obligated to use the property for the purposes of let and may not alter or invert this which will cause a breach of the lease, however, The Landlord is obliged to make sure that the property in question is fit for the circumstances under in which it will be let, which can lead Isa to be questioned on her upkeep of her property. Finally, the property must be maintained by the landlord, so the landlord must carry out the maintenance to the property within a reasonable time and if he does not he is liable.[31] The landlord however is not liable if an Act of God occurs such as a flood, a third party causes damage ( in which case they are liable) or the tenant will be liable if they breach the obligation to take care of a property in which case they will be made to pay. There are reasons for either Landlord or tenant in this situation to bring the lease to an end. Firstly, Isa could feel the need for the lease to end due to the fact Navid has not paid rent for the past 6 months. This is a clear obligation of a lease, and the onus is very much on Navid to pay that money. Without Navid paying that money it can be cause for Isa to take action against Navid the remedies available include what is known as action for payment. This remedy is typically used for situations including this one in which rent is not paid, this results in the execution of the lease which is often found as a clause within the lease. This enables a judge to carry out what is known as summary diligence which sometimes does not even need court action.[32] Isa is also entitled to rescind the lease due to a material breach of a monetary obligation in which it would require her to give Navid a 14 day notice to pay the unpaid rent. Furthermore, Isa herself as a landlord has a right to th e goods brought into the property by the tenant known as invecta et illata for rent. It however, seems Navid has the stronger case as Isa has quite clearly fell short of providing a suitable standard of property due to the dampness that has ruined Navids stock. This entitles him to either; seek damages for the fact the landlord has failed to carry out the required repairs that will leed to Navid suffering monetary loss although defining the quantification of such a breach is difficult to determine. He is also able to seek the remedy of specific implement which sees the landlord required by the courts to carry out repairs on Navids shop. This is a remedy specific to Scottish courts which unlike England do not offer such a remedy to the keep open clause. A final option for Navid is to keep suspending his obligation to pay rent due to Isa breaching her obligation to repair the dampness on the premises as he is very much allowed to continue to retain the rent from Isa as long as he has not been paying her for months when she has been failing to meet her obligations. [1] Rafique v Amin 1997 SLT 1385 [2] Rafique v Amin 1997 SLT 1385 [3] Cargill v Muir 1837 [4] Bell Principles 1075 [5] Rafique v Amin 1997 SLT 1385 [6] Kleyn, D and Wortley, S Co ownership on Zimmerman, Visser and Reid Mixed Legal Systems. [7] Rafique v Amin 1997 SLT 1385 [8] http://www.lawscot.org.uk/news/2015/02/prison-sentence-for-john-odonnell/ [9] Deans V Woolfson 1922 SLT 165 [10] Barkley v Scott [11] http://www.jandhmitchell.com/pdf/Title%20Conditions%20Fact%20Sheet.pdf [12] Mclead v Cedar Holding Ltd. 1989 SLT 620. [13] No one can be forced to remain in co ownership [14] Common property is the mother of quarrels. [15] Upper Crathes Fishing Ltd v Baileys Exrs 1991 SLT 747 [16] Thom v Macbeth 1875 3 R 161. [17] Bells Principle 1082 [18] Bankruptcy (Scotland) Act 1985, s 40 [19] http://www.terry.co.uk/cohabs.html [20] [21] [22] [23] Conway v Glasgow City Council 1999 SCLR 248 [24] Paisley Land Laww para 79 [25] Glen v Roy (1882) 10 R 239 [26] Welwood v Husband (1874) I R 507 [27] RoW(S) A 1995, S 1 [28] Graham v Black and Stevenson [29] Blair Trust Co v Gilbert [30] Co-operative Insurance Society v Halford Ltd 1998 SLT 90 [31] Wolfson v Forrester 1910 SC 675 [32] Cowie v Martalo 2011 GWD 32-676

Solutions to the Air Pollution Problem in America Essay examples -- En

Solutions to the Air Pollution Problem in America   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It is steadily becoming harder to breathe these days. Every major city in the world is experiencing the ill effects of air pollution. The level of toxic air pollutants, known as toxics, has been on the rise globally, though not nationally, since the Clean Air Act of 1990, according to Office of Air Quality Planning and Standards [OAQPS], an office within the Environmental Protection Agency [EPA]. However, though more regions -- i.e., cities, metropolitan areas, rural areas, etc. -- are meeting the Office of Air Quality Planning and Standards, certain areas were and still are designated as "nonattainment" areas. These areas are regions which do not meet all the National Ambient Air Quality Standards [NAAQS] for ground-level ozone, a primary constituent of smog (USEPA-- National Air--Ozone and Carbon Monoxide 1).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   What are air pollutants and what is their composition? According to studies done by Brigham Young University on air pollution, air pollutants are made up of sulfur dioxide, carbon monoxide, hydrocarbons, nitrogen oxides, ozone, and lead (Health Problems 3). They are in particulate form meaning these compounds are particles 10 microns in size -- i.e., the diameter of an average human hair. In fact, most sources agree that these are the main components of outdoor, versus indoor, air pollution.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Locally, the state of Arizona has had trouble with sulfur dioxide levels in the past near mining areas such as Globe-Miami (USEPA--Breathing Easier 5-2,3). Those problems have been addressed and have been reported as below the Office of Air Quality Planning and Standards (USEPA--Breathing Easier ES-2,5-2,3). The big problem which remains is withi... ...tants: A Citizen's Guide." March 1991. United States Envirmental Protection Agency. Office of Policy, Planning and Evaluation. Office of Air and Radition. Environmental Indicators. [WWW document]. URL Go To, July 17, 1996. United States Environmental Protection Agency. Office of Air Quality Planning and Standards. National Air Quality and Emissions Trends Report, 1995. Ozone and Carbon Monoxide Air Quality Update. [WWW document]. URL Go To, 1995. United States Environmental Protection Agency. Office of Air and Radiation. 1995 National Air Quality Trends Brochure -- Toxic Pollutants. 1995 National Air Quality: Status and Trends. [WWW document]. URL Go To, 1995. United States Environmental Protection Agency. Region 9 Air And Toxics Division. Breathing Easier: 1996, A Report on Air Quality in California, Arizona, Neveda and Hawaii. Update Report, September, 1996.

The Impact of the Printing Press on Education

Interactive Media Center http://library. albany. edu/imc/ HTML & XHTML Tag Quick Reference This reference notes some of the most commonly used HTML and XHTML tags. It is not, nor is it intended to be, a comprehensive list of available tags. Details regarding the proper use of XHTML are at the end of this document. What It Is Basic Document Tags What It Does Indicates the start and end of an HTML Document Defines the portion of the document that contains essential formatting information. The material in the head is invisible. Defines the portion of the document that contains the visible information. Body Attributes What It Is What It Does Specifies the background color Specifies the text color Specifies the color of unfollowed links. Specifies the color of followed links. Specifies the color of links when they are clicked. NOTE: Body attributes may be combined within the body tag. Example: Text Tags What It Does The heading tags display text in sizes ranging from the ,, largest, h1, to the smallest, h6. These specifications ,, are intended to denote the importance data below the , heading. Specifies bold text. Specifies italics text. Specifies a typewriter or teletype-like text. Creates an emphasis on text that is rendered usually as italics, but sometimes as bold depending on the browser. Creates an emphasis on text that is usually rendered as bold, but sometimes as italics depending on the browser. Specifies the font size from 1 to 7. 1 is the largest, 7 the smallest, and 3 is generally the default size. Specifies font color. NOTE: Font attributes may be combined within the font tag. Example: Example of combined font attributes. 9/03 R. Lipera v. 2. 2 What It Is Interactive Media Center http://library. albany. edu/imc/ Common Formatting Tags What It Is (HTML) What It Is What It Does (XHTML) Defines a paragraph. Defines paragraph alignment left, right, or center. Inserts a line break. Defines a block quote and indents text from both sides. Usually with some extra space above and below. Defines the beginning and end of an ordered list. Defines the beginning and end of an unordered list. Defines the beginning and end of a line within a list. Start a line with a number in an ordered list, and with a bullet in an unordered list. Image Tags What It Is (HTML) What It Is (XHTML) What It Does Places and image. Specifies the alignment of an image; middle Specifies a border around and Specifies the alternative label for an for use nongraphical browsers. NOTE: Attributes within the font tag may be combined. Example in HTML: Example in XHTML: What It Is (HTML) Horizontal Rule Tags What It Is What It Does (XHTML) Specifies the start of a horizontal rule. Specifies the height of a horizontal rule. Specifies the width of a horizontal 9/03 R. Lipera v. 2. 2 2 Interactive Media Center http://library. lbany. edu/imc/ rule in either pixels or percent. States that the horizontal rule should have no shade. NOTE: Attributes within the horizontal rule tag may be combined. Example in HTML: Example in XHTML: Table Tags What It Is What It Does Specifies the beginning and end of a table. Specifies the beginning and end of a table row. Specifies the beginning and end of a table cell. Defines a table header. A normal cell with text that is bold and centered. Specifies the size of the border around a table and cells within the table. Specifies the space between cells. Specifies the amount of space between the border of a cell and the items within the cell. Specifies the width of a table in either pixels or percent. Specifies the alignment of contents in a row of cells as either left, right, or center. Specifies the alignment of contents in a cell as either left, right, or center. Specifies the vertical alignment of contents in a row of cells as either top, bottom, or middle. Specifies the vertical alignment of contents in cell as either top, bottom, or middle. Specifies the number of columns a cell will span. Specifies the number of rows a cell will span. Stops text from automatically line wrapping. 9/03 R. Lipera v. 2. 2 3 Interactive Media Center http://library. albany. edu/imc/ XHTML can be thought of as an upgraded and stricter version of HTML 4. 01. It is not much more difficult to write XHTML than it is to write properly formed HTML. There are some simple rules that must be followed. The most important rules are: †¢ †¢ †¢ †¢ XHTML tags must all be in lower case. XHTML elements must be nested correctly. All XHTML tag elements must be closed. Documents written in XHTML must be well-formed. Examples of lower case rule: This is incorrect. This is correct. Examples of the nesting rule: This is incorrect nesting. This is correct nesting. Examples of the closed tag rule: This horizontal rule tag is not closed- This horizontal rule tag is closed- This image tag is not closed- This image tag is properly closed- Examples of the well-formed document rule: XHTML documents must have the proper structure. This means all components must be within the opening and closing HTML tags, . Internal elements must be correctly nested and located properly. The basic components and structure of an XHTML document are 9/03 R. Lipera v. 2. 2 4 Interactive Media Center http://library. albany. edu/imc/ XHTML Syntax Rules XHTML requires that some basic rules of syntax be followed. As with the tag rules noted above, XHTML syntax is not much more difficult that correctly formed HTML. These rules are, however, much stricter and must not be violated. These rules follow. †¢ †¢ †¢ †¢ Attributes must be quoted. The Name attribute is replaced by the ID attribute Attribute shorthand must not be used. DOCTYPE statement must be used. The DOCTYPE statement is part of Document Type Definition, DTD, and is used to specify which syntax is used in the Web page. ) Examples of the quoted attribute rule: This is incorrect- This is correct- Examples of the Name attribute replacement rule: This is incorrect- This is the correct substitution- Examples of the no shorthand rule: This is an example of improper shorthand- This is the same tag corre ctly written without shorthand- Examples of DOCTYPE statements: This is a page without a statement 9/03 R. Lipera v. 2. 2 5 Interactive Media Center http://library. albany. edu/imc/ Example of a page with a DOCTYPE statement Note that the DOCTYPE statement goes ahead of the opening HTML tag, . The statement is not part of the HTML document and does not have a closing tag. It is used to tell a browser how to render the document. There are three DOCTYPE statements. Statement used to create clutter-free presentations and when Cascading Style Sheets are used: Statement used when HTML presentational features are present and when it is desirable to support older browsers that do not understand Style Sheets: Statement used when frames are incorporated into the design of the page: 9/03 R. Lipera v. 2. 2 6

A Professional Journey As A Nurse Of Today - 1612 Words

A Professional Journey as a Nurse of Today Many people today use the words career and profession interchangeably. Those two simple words have similar meanings but build upon each other instead of define one another. In fact, it could be said that careers may in fact lead to a profession. Nursing once started as a career and throughout the decades has grown to be a widely accepted and admired profession. The profession of nursing consists of specialized knowledge, a well-developed code of ethics, and the use of the scientific method. None of the above said skills are achieved over night. It truly is a journey to become a professional nurse. The Basics Prior to beginning the journey, let’s establish a very relevant and important lesson. Define the Professional; â€Å"relating to a job that requires special education, training, or skill done or given by a Person who works in a particular profession, paid to participate in a sport or activity†. (Merriam-Webster). 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