Transfer of Property Law Essay Example for Free

Transfer of Property Law Essay 1.Marshall v Green (1875-76) L.R. 1 C.P.D. 35 In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he would remove them as soon as possible. Later, when the defendant cut down some trees, the plaintiff countermanded the sale and prohibited the defendant from cutting the remaining. However, the defendant still cut them and carried them away. It was not denied by either party that there was a verbal contract. However, the question here was whether the contract was required to be in writing under the Statute of Frauds. The issue was whether there has been a transfer of interest in land (in which registration is compulsory) or whether it was a mere sale of timber. The Court held that it was a contract of sale and there had been acceptance of the agreement. It was not required to be in writing. Transfer of interest in land- when sale is of something which is to derive benefit from the land and to become altered by virtue of what it draws from the land. â€Å"The principle of these decisions appears to be this, that wherever at the time of the contract it is contemplated that the purchaser should derive a benefit from the further growth of the thing sold from further vegetation and from the nutriment to be afforded by the land, the contract is to be considered as for an interest in land; but where the process of vegetation is over, or the parties agree that the thing sold shall be immediately withdrawn from the land, the land is to be considered as a mere warehouse of the thing sold, and the contract is for goods.† 2.Shantabai v. State of Bombay – AIR 1958 SC 532 This case was a landmark case that laid down the test to determine when timber trees are standing timber and when they are immovable property. In this case, the petitioner filed a writ petition under Article 32 of the Constitution of India claiming that her fundamental right to cut and collect timber in the forest in question has been infringed. The petitioner’s husband, owner of the forests in question, had executed an unregistered deed, called a lease in her favour. According to the deed, she had the right to enter upon certain restricted areas in the forests and cut and take out bamboos, fuel wood and teak. There was a prohibition on the felling of certain trees and a few other restrictions are also put on the cutting. The question was whether any proprietary interests or rights were conferred on the petitioner. In this case, the court held that although the document repeatedly calls itself a lease, it confers no rights of enjoyment in the land. There is merely a right to enter the land and cut and carry away the wood. There was no transfer of a right to enjoy the land itself, it is conferment of right to enter the land and take away a part of the forest produce. In case of a lease, a person has a right to enjoy the land but not take it away. However, profit a prendre is in contrast to this. In the latter case, a person has the license to enter the lands only to take away a part of the produce of the soil and not for the purpose of enjoying it. If a tree draws sustenance from the soil it is immovable property. Bose J. further explains that, â€Å"a tree will continue to draw sustenance from the soil so long as it continues to stand and live and that physical fact of life cannot be altered by giving it another name and calling it standing timber . But the amount of nourishment it takes, if it is felled at a reasonably early date, is so negligible that it can be ignored for all practical purposes The test here was whether it draws nourishment from the soil. 3.State of Orissa v. Titaghur Paper Milss Co. Ltd. In this case, the Orissa government and its sales tax department tried to tax transactions of severed bamboo. The State contended that the subject matter was goods, so it had legislative competency. However, the respondents’ contention was that the law tries to create a new class of goods not known to the law. This was beyond the legislative competence of the state and hence, unconstitutional. The court held that the right to fell, cut, obtain, remove bamboos from forest areas for the purpose of converting it into paper was profit a prendre taking into consideration the duration of the contracts and the ancillary rights granted (like right to collect timber, fuel other forest produce) . Also, the court held that it cannot be viewed as a composite agreement, one which relates to standing bamboos and is movable property and the other related to bamboos that will come into existence in future . The right is integral and indivisible.

A Beautiful Mind :: Movie Film Beautiful Mind Schizophrenia Essays

A Beautiful Mind The movie "A Beautiful Mind" tells the story of Nobel Prize winner John Nash's struggle with schizophrenia. It follows his journey from the point where he is not even aware he has schizophrenia, to the point where Nash and his wife find a way to manage his condition. The movie provides a lot of information and insight into the psychological condition of schizophrenia, including information on the symptoms, the treatment and cures, the life for the individual and for the individual's family. The movie is effective at demonstrating various concepts related to schizophrenia, and provides an insight into the disease of schizophrenia.   Ã‚     Ã‚  Ã‚   The movie accurately portrays the nature of schizophrenia using John Nash as a perfect example, who exhibits many of the key symptoms of the disease. An inability to communicate is one of the main symptoms of schizophrenia, one which takes its toll on interpersonal relationships and intimacy. The movie does an excellent job showing the problems that Alicia had as she tries to help her husband seek treatment and recover from the disease. A Beautiful Mind directly shows a medical definition of schizophrenia. Nash exhibits many of the key symptoms of the disease: hallucinations (he has a roommates but he lives in a single dorm room), delusions (thinks he works for the government), ideas of reference, poor social skills (mumbles, doesn’t talk much to strangers), awkward gestures and facial expressions, and jumbled speech. I do, however, feel it is impossible for a film to convey the exact experience of a schizophrenic or to cover all the elements of the illness. Nash showed much change in the way he was functioning through the movie. After treatment, it seemed like he had his disease under control, but he still had problems disbelieving in his hallucinations by still acting on them. For example, he still thought he was working for the government by helping them decode secrete codes in the newspapers. He tried to hide this from his wife by keeping all his work hidden in a shed. Eventually, Nash's life is seen as he returns to the college to teach and continues completing his mathematics work, while still seeing the delusions. This life is clearly far from normal. But for Nash, it also seems the best option. Nash was still experiencing his disease at the end of the movie. Because it showed the people that he was hallucinating about, meaning that he could still see them and interact with them if he chooses to.

Difference between Anarchism and Socialism

Both anarchists and socialists aim to overthrow capitalism, to create a society where oppression no longer exists. The main difference between them is the strategy how to get there. Anarchism is a political theory that regards government and other forms of central authority as harmful and unnecessary. Although anarchism is often linked with violence and chaos, advocates of pure anarchism claim that it is the opposite. They believe that power corrupts and that those in power eventually place their own interests before those of the people they are supposed to serve.According to anarchists, a free and just society is possible only when government is abolished and individuals freely cooperate as equals. Further, anarchism is a belief that every form of regulation or government is immoral, and that restraint of one person by another is an evil which must be destroyed. Later anarchism proposed a social organization that was based on common ownership and free agreements, but its disciples d iffered themselves in methods and forms. Pierre Joseph Proudhon of France, often called the father of Anarchism, became the first to make anarchism a mass movement.Anarchism enjoys a complex relationship with ideologies such as Marxism, communism and capitalism. Anarchists may be motivated by humanism, divine authority, enlightened self-interest or any number of alternative ethical doctrines. Meanwhile, socialism refers to economic and political arrangements that emphasize public or community ownership of productive property. This is in contrast with the belief in the ownership of production by private individuals. Productive property includes land, factories, and other property used to produce goods and services.There are many types of socialism. They vary in the amount of public ownership desired and in their methods of operation. In some countries, the government controls all forms of production. In others, state control over the economy is less complete, usually involving owners hip of banks, transportation, and public utilities. Many countries adopted socialist policies that included government control of the economy and the establishment of vast social programs to the needy. The early socialist saw community ownership as an answer to poverty, great inequalities of wealth, and social unrest.The main difference of anarchism and socialism is that, anarchism promotes the ownership of production by individuals, while socialism promotes the ownership of production by the government. Anarchists believe that each individual have their own capacity to govern themselves and achieve progress and development in their own way. They oppose the government’s rule over the lives of each individual. Socialists, on the other hand, believe that the government can make the lives of the people better by equally governing their properties.Furthermore, anarchism believes in the right of the Individual to govern himself. Anarchists believe that man is manifestly destined t o be master of himself and his surroundings, individually free. His capacity for achievement has shown itself practically boundless, whenever and wherever it has been permitted the opportunity of expansion; and no less an ideal than equal and unfettered opportunity -that is to say, individual freedom–should satisfy him. On the other hand, socialism believes that one must be governed by others, specifically the government in order to attain progress.Socialists believe that the government has the means to govern its people and they have the capability to make decisions that will make the life of its people easier. They believe that they need a leadership not only to instruct them but to govern them and channel their energies in the right direction. Also, anarchists believe that the methods use to do something will affect the result. That is what they mean when they say means and ends are linked. Obviously, the manner in which they organize is influenced by the society they want to create.Anarchists want, not only to abolish capitalism but they also want to abolish all relationships that involve subordination and domination. Their aim is a truly classless society that isn’t divided into bosses and workers, or order givers and order takers. Anarchism opposes hierarchy. On the other hand, socialists believe that in a community, somebody in authority should dominate the people to lead them to the path where they should go in order to attain progress. They claims that society is graded into classes and all life’s business conducted by people are orders issued by the superior or dominating group.Moreover, Anarchists believe that after the revolution the people should immediately â€Å"smash the state† because any form of government is oppressive. They view government as a corrupt and fraudulent entity that will just destroy and hamper the freedom of the people comprising a certain community. They believe that the people themselves can be ab le to make progress in their own capacities and they needed to be free from all forms of government or any authority in order to do what they want for their own selves.Anarchists hate the State because they believe that it deprives men of their personal responsibility, robs them of their natural virility, takes out of their hands the conduct of their own lives, thereby reduces them to helplessness, and thus insures the final collapse of the whole social structure. On the contrary, socialists argue that the state is a product of class divisions and exists to maintain the dominance of a particular class. A revolution will not abolish classes overnight and therefore a state is necessary to reorganize society in the interests of the majority.Socialists believe that the people comprising the community cannot be able to attain progress without the aid of the government or without somebody who will govern and lead them to the right path towards unity and progress. Basically, socialists are interested in the welfare of the majority. They think of the community as one entity whose properties and well-being should be governed and directed because the community alone cannot stand without anybody leading the people. In addition, anarchists believe on private ownership or capitalism.However, socialists oppose capitalism, which is based on private ownership of the means of production and allows individual choices in a free market to determine how goods and services are distributed. As a summary, anarchism and socialism are two ideologies with the same goal but have different strategies in dealing with solving problems of the state and attaining progress. Anarchism believes that it is the right of the Individual to govern himself, while socialism believes that he must be governed by others.

Strategy Analysis Corporate Strategy - 912 Words

Introduction In organizations, clubs, households, and private lives success plans are in place known as strategy. A Harvard School of Business expert and professor on strategy, highlights the necessity of strategy to define and communicate the distinctive situation, and it should govern how organizational means, skills, and proficiencies ought to be combined to produce competitive benefit (Mindtools). According to the writing â€Å"Exploring Corporate Strategy,† strategy determines the direction and scope of an organization over a period of time, and they that it ought to determine the way resources may be configured to meet the markets and stakeholders needs (Mindtools). There are two types of strategies presented in this paper. Strategy one is the business-level strategy involving successfully competing in individual markets and addresses how a corporation wins in a particular market. Strategy two is the corporate-level strategy referring to the overall strategy of a corporation composed of various business entities functioning in multiple markets. Today, there is a growth challenge in the theme park industry in the market today. The growth of theme parks diminishes if the resources are not diversified. The Walt Disney Corporation â€Å"Disney† is a household name and global entertainment company to people worldwide. This paper presents Walt Disney’s business-level strategies, corporate-level strategies, competitive environment, and determine if Walt Disney’s competitive environmentShow MoreRelatedCorporate Strategy Analysis : Management1488 Words   |  6 PagesCorporate Strategy Analysis: The rationale that management uses to guide its decisions and actions is a four level strategic plan and the business logic and reasoning is that it make good business sense. 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