Property Law Rights of a Tenant

Property Law Rights of a Tenant Part 1 In this scenario, Raj has allowed his sister-in-law, Joyce, to live in his property. The question is whether Joyce enjoys the rights of a tenant, or if she is actually a mere licensee. There is, in English property law, a crucial distinction between the tenant and the licensee; the former enjoying significantly greater and more secure rights than the latter. It is often not, however, a clear cut distinction. In the present case, the terms of the occupation agreement that the parties drew up will need to be considered. Firstly, the document itself needs to be considered. The first term of it expressly states that Joyce is living in Rajs house as a licensee, and not as a tenant or lessee (that is, that no lease has been created). The document itself, however, might well represent a contract, which would put Joyce in the position of a contractual licensee (following such cases as R v Tao (1977) ). Even a contractual licensee, however, enjoys no proprietary interest in the property in question, as was evidenced in the case of Ashburn Anstaldt v Arnold (1989). A contractual licence can be contrasted to a bare licence, which is simply a personal permission, granted in this case by Raj to Joyce, without Joyce paying consideration, for her to enter his property. The purpose of the bare licence is to provide a defence against an allegation of trespass, so long as the licensee does not overstep the permission of the licence, as happened in the case of Tomlinson v Congleton Borough Council (2003). A contract ual licence, by contrast, must involve (as in any contract) valuable consideration moving from the licensee. This was established by Megaw LJ in Horrocks v Forray (1976). Joyce pays a monthly rent of  £600 to Raj, and this could well qualify as the consideration put the licence agreement on a contractual footing. The second term of the occupation agreement states that Raj can nominate a third party to share the premises with Joyce. This relates to the issue of exclusive possession, which is an essential element of any lease or tenancy. This was described as â€Å"the proper touchstone† of a lease by Windeyer J in Radaich v Smith (1959). Two seminal cases highlighted this distinction between leases and licenses. In Street v Mountford (1985), Lord Templeman stated that a tenant is entitled â€Å"to keep out strangers and keep out the landlord unless the landlord is exercising limited rights reserved to him by the tenancy agreement to enter and view and repair.† In AG Securities v Vaughan (1990), however, it was held that a licensee has â€Å"no legal title which will permit him to exclude other persons†. The agreement in the present case expressly allows for Raj to install a third party at his wish. This certainly argues strongly against anything other than a license govern ing the situation. Certain factors, however, suggest that it is not such a simple case of Joyce being merely a licensee. She pays a periodic monthly rent of  £600, and the occupation agreement states that she will live there for a fixed term of four years commencing 1 October 2005. To return to Street v Mountford (1985), the House of Lords, in that case, identified three inherent components of a lease or tenancy. The first was exclusive possession, which has been discussed already, and which is not apparently in evidence in this case. The second, however, is that the lease or tenancy must be granted for a fixed or periodic term certain. This means that the maximum duration of the lease or tenancy must be clearly ascertainable from the outset. Although the strict application of this rule was relaxed somewhat, the principle was reaffirmed in Prudential Assurance Co Ltd v London Residuary Board (1992). The 2005 agreement that granted Joyce the right to live in Rajs house clearly identified a term of fou r years after which the right would expire. In this respect, then, it would seem that the arrangement more closely resembles a lease. This is also a characteristic, however, of the contractual licence. The third element identified in Street v Mountford was the consideration that was discussed above. This too would suggest the arrangement is more akin to a lease, or at least a contractual licence, than a bare licence. It seems, then, that although the arrangement shares some of the characteristics of a lease, the rights enjoyed by Joyce are, in fact, only those of the licensee; that is, a person whose presence is only grounded upon the personal permission of the licensor. Joyces position is stronger than that of a bare licensee, however, by virtue of the contractual arrangement. A further blurring of the limits in this area exists between contractual licenses and equitable or estoppel-based license, which has increasingly become proprietorial in character. A contractual licence does not, however, confer any proprietorial interest on the licensee, as was illustrated in Cowell v Rosehill Racecourse Co Ltd (1937) by Latham CJ who stated that â€Å"fifty thousand people who pay to see a football match do not obtain fifty thousand interests in the football ground.† A longer contractual licence, however, such as the one enjoyed by Joyce, for a period of four years, begins to resemble a proprietar y interest in Rajs property, despite the absence of a right of exclusive possession. It is in relation to this last area that the decisive factor is most relevant. That factor is that when determining whether Joyces occupancy is a tenancy or a licence, the parties intentions (which were clearly that a mere licence should be granted to Joyce) are largely irrelevant. In Aslan v Murphy (1990), the court found that its task was to â€Å"ascertain the true bargain between the parties†. A crucial case of relevance to the present one was that of Addiscombe Garden Estates Limited v Crabbe (1958), in which an arrangement which purported to be a licence was in fact held to be a lease. Despite the fact that Raj and Joyce clearly intended the occupancy to be on the basis of a licence, and the contractual agreement was labelled as a licence, the court is at liberty to overturn this if the reality is that Joyce enjoys a lease. It seems unlikely, however, because of certain terms of the agreement, that Joyce enjoys a sufficient proprietorial interest in the property to becom e a lessee or tenant; but rather her position resembles that of a contractual (as opposed to a bare) licensee. Part 2 Section 11 of the Landlord and Tenant Act 1985 relates to the repairing obligations in short leases. Briefly, it obliges the lessor (that is, the party owning the greater estate, usually the freehold, out of which the lease has been carced) to undertake certain works and repairs to ensure that the property remains in good working order. An example is the obligation on the lessor to â€Å"keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes)†. In recent years, this section has been considered in a number of cases. A crucial case in the development of property law was Bruton v London Quadrant Housing Trust (1999). The relevance of section 11 to this case was that the claimant (or plaintiff as he then was) claimed that he was a lessee of the property in question, which was owned by the Trust. Of course, if he was a mere licensee, he would not benefit from the statutory protection afforded by the Act. The county court found that he was a licensee and there was therefore not any breach of section 11. The House of Lords overturned this, however. Subsequently, in Sykes v Harry (2001), the section was considered again. In this context, the issue considered by the court at first instance (and subsequently re-considered by the Court of Appeal was whether the landlords (that is the lessors) statutory duty under section 11 relating to the repair of properties subject to a short lease was co-extensive with the landlords contractual duty to keep in repair (that is, the obligation created by the lease instrument). Potter LJ stated that there is â€Å"implied into the tenancy a covenant by the tenant that the landlord may, at reasonable times of day, and on 24 hours written notice, enter the premises for the purpose of viewing their condition and state of repair.† Although at first instance the judge had found that the landlords duty to take care had been coextensive with the contractual duty of repair, the Court of Appeal overturned this using section 4 of the Defective Premises Act 1972, and the duties imposed on the landlord under this as the principal factor. Later that year, in Southwark London Borough Council v McIntosh (2001), section 11 was once again before the court. Here the property in question, which was owned by the council, became defective due to the effects of severe damp. The question before the court was whether the landlord (the council) was in breach of its section 11 duty of repair. The landlord appealed against a first instance decision that it was in breach, and the High Court said that the tenant had failed to establish sufficient evidence to the effect that the damp had been caused by the landlords breach of its section 11 duties. As such, there was no liability and the appeal was allowed. In Shine v English Churches Housing Group (2004), the question of damages awarded under section 11 was considered. The first instance judge had awarded damages to the tenant due to the landlords breach of section 11, but the Court of Appeal found these damages to be â€Å"manifestly excessive†. Research strategy My research began, in both instances, with a textbook. I used the contents page and the index of such books and Gray and Grays Land Law, 3rd Edition; and their Elements of Land Law to identify key sections, such as â€Å"lease† and â€Å"license†. I conducted some background reading on these two legal interests in property, in order fully to understand the potential issues relating to each. It became apparent that there is often a blurred boundary between the type of legal interest a party enjoys in a property, despite what that interest might be labelled as. Having conducted this initial reading of key sections in various textbooks, I began to look for specific cases in which the issue of the lease/license distinction, and the application of section 11 had been considered. For this I used both textbooks, and electronic resources. I accessed LexisNexis Butterworths online, and was able to start by doing basic keyword searches in the case locator engine. From here I was able to read the judgments in the various cases, as well as (in some instances) abstracts of the key issues. In researching section 11, I began by finding the statute itself at the Office of Public Sector Information (again, available online) and was able to locate cases where it had been considered and applied. BIBLIOGRAPHY Statutes Defective Premises Act 1972Landlord and Tenant Act 1985Law of Property Act 1925 Cases Addiscombe Garden Estates Limited v Crabbe [1958] 1 QB 513, CAAG Securities v Vaughan [1990] 1 AC 417Alker v Collingwood Housing AssociationAshburn Anstaldt v Arnold [1989] Ch 1, CAAslan v Murphy [1990] 1 WLR 766, CABruton v London Quadrant Housing Trust [1999] 3 All ER 481Cowell v Rosehill Racecourse Co Ltd (1937) 56 CLR 605Horrocks v Forray [1976] 1 All ER 737, CAPrudential Assurance Co Ltd v London Residuary Board [1992] 2 AC 386, HLR v Tao [1977] QB 141, CARadaich v Smith (1959) 101 CLR 209Shine v English Churches Housing Group [2004] All ER (D) 125Southwark London Borough Council v McIntosh [2001] All ER (D) 133Street v Mountford [1985] AC 809, HLSykes v Harry [2001] EWCA Civ 167Tomlinson v Congleton Borough Council [2003] UKHL 47 Secondary sources Gray, K. and Gray, S.F. (2003) Land Law, 3rd Edition (London: LexisNexis)Gray, K. and Gray, S.F. (2005) Elements of Land Law (Oxford: OUP)

Defining Humanity Through the Depiction of Loss and Suffering in Epic Poems

Defining Humanity through the Depiction of Loss and Suffering in Epic Poems Casey Dalton 10/8/2010 Forms and Expressions in World Literature Though epic poems, such as Homer’s The Iliad, or Beowulf, were meant to entertain, spread religion and culture, and perhaps even to preserve historical truths, they also have a rarely noticed, possibly accidental agenda; defining humanity. Even tales such as The Epic of Gilgamesh and The Tragedy of Sohrab and Rostam have a mutual theme, though they come from completely different cultures and time frames.That theme is that what makes us mortal; what makes us human is the aspect of loss and suffering in our lives. This is true throughout all epic poems, whether subtle or not. The Epic of Gilgamesh, an ancient Mesopotamian story of a king and his brotherly bond, is a fairly obvious representation of the theme connecting humanity to loss and sorrow. This story dates back to one thousand B. C. E. and â€Å"can rightly be called the first true work of world literature. † (â€Å"Longman Anthology: World Literature† Volume A 57-97) According to the epic, Gilgamesh was a great warrior and king of the city-state Uruk.He was described as almost god-like. This idea is embodied by now popular stories such as the story of Hercules, who is half-man, half-god. He is both praised and feared for his power. The epic reads, â€Å"Supreme over other kings, lordly in appearance, he is the hero, born of Uruk, the goring wild bull. † (â€Å"Longman Anthology: World Literature† Volume A 57-97) Gilgamesh wields all of this power, yet he cannot control himself as a god would. He kills the locals’ sons, and rapes their women; possibly out of sheer boredom. He has been given more power than he can handle.In order to correct the problem, the god Anu convinces the goddess Aruru that Gilgamesh requires a counterpart to keep him occupied. Aruru creates Enkidu, an equivalent to Gilgamesh in size and strength, and t hey become loyal companions. Enkidu has a dream that he is attacked and killed by â€Å"a man of dark visage† (â€Å"Longman Anthology: World Literature† Volume A 57-97) and soon after, dies. Gilgamesh cannot handle the loss of his dear friend and companion. He stays with the body until it is a host to maggots, and then wanders in the wilderness by himself, mourning.Then, realizing that he is mortal as well as his beloved Enkidu, Gilgamesh sets off on a quest to find his â€Å"ancestor Utanapishtim, who joined the Assembly of the Gods, and was given eternal life. † (â€Å"Longman Anthology: World Literature† Volume A 57-97) The story of Utanapishtim’s gift was Noah’s Ark-esque. In which, he was given immortality for building a boat to save humanity and all other living things from a flood. Utanapishtim give Gilgamesh a plant that is said to reverse age. Gilgamesh tells a ferryman, â€Å"†¦this plant is a plant against decay by which a man can attain his survival.I will bring it to Uruk-Haven, and have an old man eat the plant to test. The plant’s name is ‘The Old Man Becomes a Young Man. ’ Then I will eat it and return to my youth. † (â€Å"Longman Anthology: World Literature† Volume A 57-97) The plant is stolen by a snake, being a literal representation of a loss of immortality; making him human. Though, it is also a representation of a rebirth; of the realization that comes to Gilgamesh. After all these events, Gilgamesh realizes that though physically he will die, he can live on through the legacy he leaves behind.And so, he returns to Uruk and becomes a leader, a hero, and a proper king. The theme of loss causing expression of humanity is proven through this passage, â€Å"Over his friend Enkidu, Gilgamesh cried bitterly, roaming the wilderness. ‘I am going to die! – am I not like Enkidu?! Deep sadness penetrates my core, I fear death, and now roam the wilderness - I will set out to the region of Utanapishtim, son of Ubartutu, and will go with utmost dispatch! ’† (â€Å"Longman Anthology: World Literature† Volume A 57-97) Before Gilgamesh’s loss of his companion, mentally, nothing separated him from being a god.He had the strength and ability to conquer anything or anyone. After Enkidu’s death, he realizes that no matter how powerful he may be, he is still a mortal and a human. Gilgamesh succumbs to a symptom of being human, mourning his loss. Previously, he had taken many lives carelessly, but when his companion’s life was taken, he becomes deeply emotional. He becomes irrational and wanders through the wilderness, becoming nomadic, like an animal. It’s as if he is attempting to avoid being human; to avoid being mortal.On Gilgamesh’s return to Uruk, the epic reads, â€Å"A snake smelled the fragrance of the plant, silently came up and carried off the plant. While going back it sloughed off its casing. At that point Gilgamesh sat down, weeping, his tears streaming over the side of his nose. † (â€Å"Longman Anthology: World Literature† Volume A 57-97) The death of his friend caused him to realize that he, too, was mortal, but the loss of his only possible source of immortality caused him to realize that he will never be more than human.Though, the human life he lives is his opportunity to become ‘immortal’ to his people. The tale of The Tragedy of Sohrab and Rostam is a part of the Shah-nama or, The Book of Kings. Though it is a Persian epic, and was originally written around the year nine-hundred eighty-one, it has many strong similarities to The Epic of Gilgamesh. This epic starts off with a hero by the name of Rostam whose cherished horse wanders off and is captured. In search of the horse he comes across the fairest of maidens, Tahmine, who was well aware of his heroic reputation and wished to bear his son.They conceived a son. Rostam leaves his seal with Tahmine, to give to their child and they proceeded to live separate lives. The son is named Sohrab and is born Turkish, opposing the Iranian Rostam, due to political issues. The father and son are unaware of their relation, and meet each other in the battle field. Rostam mortally wounded Sohrab, and with his dying breaths, still unaware of their relation, Sohrab vows that his heroic father will avenge his death, and reveals the seal given to him upon leaving home for battle.Rostam had â€Å"slain the one he held most dear. † (â€Å"Longman Anthology: World Literature† Volume B 509-18) He is then overcome with grief for the rest of his existence. This is the tragedy; the loss of a son, one’s attempt at becoming ‘immortal’, a legacy. Had Rostam not mistakenly slain his own son, and they had joined forces, they would have been an unstoppable force. Secrecy and bad politics kept the son from his father, thus keeping the son from be ing identified with his father, which is where the deeper meaning lies in the epic poem.Though god-like, Rostam was a mortal, and incidentally had destroyed his only son, who had not yet become identified with his father. As in Gilgamesh, the only hope for one to become near immortal is through one’s legacy, being another common theme spanning across the spectrum of epic poems. Rostam had destroyed his only physical possibility of creating a legacy with his own hands, there lies the tragedy. Though, Rostam lost his link to everlasting life, it created one for Sohrab. Never knowing the sorrow of a substantial loss, Sohrab was killed in perfection; he died in a god-like image.Addressing Rostam, a man says, â€Å"Once from afar I saw his arms and neck, His lofty stature and his massive chest. The times impelled him and his martial host to come here now and perish by your hand. † (â€Å"Longman Anthology: World Literature† Volume B 509-18) Sohrab’s image will be preserved as a god’s, as unflawed, never knowing the feeling of suffering; the feeling of loss. Epic poems are not unlike other genres of literature in that they all share common themes and ideas, no matter how conflicting the cultures of which they are tied to.All epics, especially tragedies, remind us of what it means to be human. Whether intentional or not, these poems directly connect humanity to, through our mortality, the loss of what one holds dear. Though, it is taken one step further and is connected to pity, sorrow, and grief. Without these emotions, one is not human.Works Cited The Longman Anthology: World Literature. 2nd ed. Volume B. Pearson Longman, 2008. 509-18. Print. The Longman Anthology: World Literature. 2nd ed. Volume A. Pearson Longman, 2008. 57-97. Print.

What College Personal Essay Interesting Topics Is - and What it Is Not

What College Personal Essay Interesting Topics Is - and What it Is Not The Principles of College Personal Essay Interesting Topics You Will be Able to Learn From Starting Right Away To accomplish this, keep away from the desire to use fancy-sounding synonyms whenever you don't really understand what they mean. Remember that should you need to explain a lousy grade and have your explanation bear any weight, it should be significantly different from your usual performance. You should use your subject to reveal something deeper about yourself. It may be an intellectual challenge, a research query, an ethical dilemma anything that's of personal significance, whatever the scale. Who Else Wants to Learn About College Personal Essay Interesting Topics? Because that endeavor is intimidating, it's often hard to determine where to get started. Other red flags aren't as obvious. Obviously, it's even more advisable to find a head start and start your planning earlier. 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American History Class Address The Civil Rights Movement

Every American history class address the civil rights movement. Yet, author Timothy B. Tyson, in his novel Blood Done Sign My Name, specifically discusses the use of violence in this well-known movement. As a way to draw attention, many groups turn to acts of violence to attempt to rectify social injustice. Although violence may not directly change a negative situation, it indirectly helped the civil rights movement by drawing attention to the rising racial conflicts in Oxford, North Carolina, in hopes to find racial equality. The American Civil Rights movement holds a reputation for being a peaceful revolution, based on Dr. Martin Luther King Jr.’s doctrines of nonviolent civil disobedience. Unfortunately, the general public has an†¦show more content†¦Tyson revisits Dr. King’s last speech before his assassination. In this speech, King calls for a â€Å"revolution† to change the entire government and an extreme redistribution of power. Although King’s radical ideas stemmed from his desire to find true equality, their interment in American history shows that history only remembers the good of the victorious. This also explains why many aspects of the movement are also absent from American memory. Along with Martin Luther King Jr.’s extreme ideas, many history books leave out the incredible amount of violence that actually took place on behalf of the African-Americans as they begged and fought for civil rights. Quite frequently, history textbooks acknowledge the violence perpetrated by unjust white men and women on the helpless black community, but rarely does the focus shift to the violent protests and actions taken quite frequently by the black population in response. This skewed perspective of history teaches students that standing up for beliefs in a peaceful manner will resolve any conflicts without violence. By viewing the civil rights struggles as one of complete amity, the plight of the African-American people sounds more appealing and lends credence to their movement. This positive view of the black community’s struggle for equal rights is far more desirable that the harsh and unappealing truth of radical violence. This desirable portrayal has created a flawed memory for the modern generation in