Should the Law Continue to Threat Married Couples Differently from Essay

Should the Law Continue to Threat Married Couples Differently from Unmarried Cohabitants in Property Disputes - Essay Example Instead, post-separation property disputes between unmarried cohabitants are resolved by reference to the law of trusts (George, 2008). The decision of the House of Lords in Stack v Dowden addressed one issue arising between unmarried cohabitants in a post-separation property dispute: the correct division of the beneficial interests in the absence of an express declaration of trust in a title deed where both cohabitants hold the legal title (Stack v Dowden, 2007). However, Stack v Dowden does raise some issues about the appropriate principles that should be applied to property disputes in the family contexts regardless of whether the family is comprised of a conventional married couple or not, however, those issues remain unresolved (Gardiner & Davidson, 2011). The primary issue is determining the interpretation of imputing or inferring the parties’ common intention, which remains the primary method of resolving property disputes between unmarried cohabitants (Gardiner & David son, 2011). This paper considers whether or not it is realistic, given the social realities of the modern family to treat post-separation property disputes between married couples and between unmarried cohabitants differently. This paper is divided into two parts. ... on Property Division Between Unmarried Cohabitants There is no statutory authority for the courts to determine how to settle property or property rights relative to unmarried cohabitees who having cohabited for a significant period of time, have come to the decision to separate. Unmarried cohabitees therefore have limited options. They may attempt to have their property disputes resolved by engaging in civil suits if a contract of some sort exists (Deech, 2010). Alternatively, unmarried cohabitants may have the issues resolved by reference to the principles of equity and trusts (Singer, 2009). Under the current state of the applicable principles of equity and trust relative to unmarried cohabitants, the common intention of the parties is the primary method by which the courts attempt to imply a constructive trust in a fair division of the property (Dyson, 2008). The common intention of the parties was first referred to in the case of Lloyds Bank Plc v Rosset (1991). Essentially, the courts will seek to determine whether or not there was a common intention on the part of the parties to divide the property a specific way despite the descriptions rendered by the legal title and the declaration of beneficial interests. The result is the imposition of a constructive trust. Thus a constructive trust imposed by evidence of a common intention is intended to avoid unconscionable consequences in circumstances where the title deeds do not reflect the realities of the acquisition and holding of the property (Pawlowski, 2006). Unfairness arises because, the principle of common intention seeks to determine matters of trust involved in relationships and has evolved as decidedly unclear and unpredictable, making it difficult for unmarried cohabitants to know and assert their property

No topic Coursework Example | Topics and Well Written Essays - 500 words - 1

No topic - Coursework Example The easiest part was the inclusion of moderate physical activity as part of a daily routine. Moderate exercises do not demand too much from the body. For example, a walking fast for thirty minutes was very refreshing. Some of the mild exercises like stationary cycling are things that I enjoy doing. The most difficult part of the recommendations is maintaining a vigorous activity for twenty minutes. The vigorous exercises were made more difficult because I had to do them after finishing the moderate exercises. For example, running vigorously for twenty minutes pushed my lungs to the limit. Managing the strengthening exercises was not a problem. The recommendations made me realizes that I need to create a routine physical activity schedule. Based on my performance, I should walk for at least 30 minutes on a daily basis. The walk will help in improving the ability of my lungs to hold air and strengthen my legs. I should also consider doing core exercises because I noticed that my core strength was very low. I struggled to finish ten sit ups. Finally, I should keep doing yoga exercises because they help with flexibility. The inclusion of these physical activities in my routine would help in increase my overall fitness. Do you believe these recommendations are easy or difficult for the average person to incorporate into their lifestyle? List your reasons for why it is easy or barriers that could make this difficult for the average person. I believe these recommendations are relatively easy for an average person to incorporate in his or her schedule. They are not too intense after some time. It is easy in the sense that the body can handle routine without interfering with normal operations. However, the incorporation of these recommendations is easy based on the types of exercises one chooses. For example, a person who loves basketball can put basketball as her vigorous activity. It makes the whole process fun. The incorporation of these

Essay on your name Example | Topics and Well Written Essays - 250 words - 1

On your name - Essay Example The hospital staff told my parents why they strongly believed that I should be named Victor. They told them the origin of the name. The name Victor is a Latin word meaning â€Å"one who conquerors† or â€Å"champion.† It is derived from the word â€Å"vincere† which means â€Å"to win.† The doctors also said that early Christians referenced â€Å"Victor† to Christ’s victory over sin and death and that there are numerous saints and three popes named Victor. One of the saints was Victor the Moor, a Christian martyr, born into a Christian family who became a soldier in the Roman Praetorian Guard. After he destroyed some pagan altars, he was arrested, tortured and killed. It was claimed that miracles occurred above his grave. A church was built above the supposed grave site. Many churches have been dedicated to him in the city and throughout the Diocese of Milan and its neighborhood. His memorial day is May 8th in the Roman Catholic Church and th e Evangelical Lutheran Church. One of the nurses stated that although I was not born on that day, yet my parents were granted a miracle and it was my determination to make it to this world that allowed that miracle to occur. Everything from the circumstances in which I was born to the name’s beautiful meaning went in favor of having me named

Analysis and Importance of Peter Voulkos' Work in Ceramics Research Paper

Analysis and Importance of Peter Voulkos' Work in Ceramics - Research Paper Example This discussion will also include an analysis of some of this artists’ work. Biography Peter Voulkos is a well-known ceramic artist who in the 1960s was honored as the leading ceramic artist in California. He is acknowledged for raising ceramics to a higher rank of pensiveness and articulation of a person’s ideas. Peter Voulkos was born by his Greek immigrant parents in the year 1924. He went to school in Montana State University, where he studied painting and ceramics. He also won himself a masters of fine arts degree in California College of the Arts. Production of dinnerware was the first activity he undertook in his ceramics career. He later pioneered a department of art ceramics in Otis College of Art and Design and University of California, Berkeley. In the latter university, he worked until the year 1985 from 1959. His work was influenced by abstract expressionism whereby they renovated traditional ceramics to large scale and non-traditional ceramics (Carasso 56) . Peter Voulkos began his ceramics work in his senior year in the year 1949 at Montana State College. Despite being a ceramic artist, Voulkos also used other materials in his sculptures. He used bronze, and in other cases, he painted his works. Some of the pieces of art he made using bronze casting are Missoula and Bucci. In his later years, Voulkos was initiated into the use of wood-fired to make his sculptures. His work is found in quite a number of museums all around the world such as Museum of Modern Art, found in New York, Kyoto National Museum of Modern Art, found in Japan, Victoria and Albert Museum, in London, and The National Gallery, in Melbourne, Australia among other museums. Voulkos normally did his work in the presence of an audience. This was to help the audience, which was inclusive of other artists, to understand the techniques he used in his work. His work many times comprised of a plate, ice buckets, and stacks with wood firings. Normally, this ceramic artist dest royed other smaller pieces of art then made a new one of a larger scale. Peter Voulkos passed on in the year 2002 due to a heart attack after leading a ceramics workshop at a college in Ohio, Bowling Green State University (Carasso 57). Significance of Peter Voulkos ceramic work Peter Voulkos has been of great importance to the field of ceramics. To begin with, he facilitated the movement of abstract expressionism. This as stated above entailed the transformation of traditional ceramics to non-traditional ceramics. He amongst other artists made use of this movement in their artwork. This enhanced the way in which they expressed themselves. Peter Voulkos made the transition easy by elevating the conservative ceramics above the accepted limits. This formed a platform for abstract expressionism. Through this mode of expression, he managed to be the leading sculptor in the 1960s and created an avenue for California to be a centre for moulding using clay. This show the role he played in improving the use of clay in ceramics. It also illustrates his role in the facilitation of abstract expressionism, which faced challenges then, but currently is being used by many artists. Voulkos also loved working with an audience. This is of great importance since it created a channel through which he could educate his students on how he created his pieces. It also created an avenue for other artists to learn relevant techniques that could assist them in their work. As a result of this,

The Ethnic Groups in Southeast Asia Essay Example | Topics and Well Written Essays - 1500 words

The Ethnic Groups in Southeast Asia - Essay Example But there are oral accounts in the form of folk tales, out of which some suggest that Burma is indeed their original home, but there are some folk tales which point towards their origin being China. The Karens have script of their own as well, which is often termed as 'chicken scratch script' because the script resembles the scratches made by the movement of a chicken when it moves on sand or soft soil. Smith (2003) stated that, "until the annexation of Burma in the nineteenth century, the Karens were largely a hill of forest-dwelling people without a written literature.as a result, the Karens appear as an ethnic group very much on the fringes of the recorded history." Myanmar has at least 15 major ethnic groups with Burman (Bamar) comprising about half the population. The population of Karen is the next highest with 6-7 million people. The last comprehensive census with ethnicity count was held in the year 1931, under the British Colonial government. Thereafter the Burmese government avoided the questions about separate ethnic identity (Bowles, 2000). Basically, the Karen tribe is known to be agriculturists, with Buddhism being the predominant religion amongst the tribe. A belief amongst the Karen tribe is that historically they have come from a place called "Thibi Kawbi". This is termed as their representation of Tibet and southern Gobi desert. As time passed, gradually during the 18th century, Karen began to move down south towards Thai Payap (old northern kingdom of Siam)1. The Karen tribe have been demanding an independent identity and land for them since early 1880s, with the formation of Karen National Association. At that time, Burma was under the colonial rule of Britain. After independence of Burma in January 1948, they tried to have a peaceful existence under the banner of Karen National Union (KNU), with some important posts in the government offered to Karen people. Situation started changing after the Military junta took over the country in 1960s. Subsequently, the demand for a separate land for Karen became more voc al. The military junta started adopting oppressive measures after it took over. As a result, a large number of Karen people were forced to leave their homes and fled into bordering Thailand with the result that many thousands of Karen are now living in Thailand, Australia and elsewhere as refugees. The strength of Karen fighters depleted with Burmese army declaring a full scale war against them in early 1990s and by 1995 the KNU headquarters at Manerplaw fell to Burmese army. Culture and Religion The brass rings around the necks of Karen tribe people are stated to be because of a number of reasons2. Some say it is done to prevent tigers from biting them; appears to be a credible defense, because the tiger prefers to pull the life out of a human being with a firm grip around the neck. Another version is that it is practiced to make women less attractive, so that there is less likelihood of them being captured by the slave traders. But, there is still another version which finds that this is being practiced to make women for attractive, so that they are able to attract a better husband. Besides the neck ring, large sized ear-rings also make an important component of the beauty products of the womenfolk. As the age of young girls increases the size

Health Promotion Reflective Piece Essay Example | Topics and Well Written Essays - 500 words

Health Promotion Reflective Piece - Essay Example Space was restrictively limited. Healthcare equipments were unfavorably lacking. There was a shortage of volunteer staff, leading to my group’s burn-out possibilities. Time constraint reduced healthcare delivery quality. However, such limitations further honed my leadership skills. Further, the World Health Organization rightfully spearheads the global healthcare process. The organization ensures stopping any disorder. The same organization focuses on improving the global population’s health issues. The organization helps alleviate or reduce the world’s disability statistics. Global health transcends the other concerns of each member nation (Sines, 2009). Furthermore, public health correctly incorporates several intervention processes (Sines, 2009). Disease is prevented from escalating or erupting. The average person’s life expectancy is increase. My Kyrgyztan volunteer team’s limited time, equipment, and other resources did not deter our successful delivery of quality services to our assigned patients. My team effectively delivered timely intervention strategies by framing each patient’s problem or issue, gathering of relevant evidences and related intervention data (patients’ daily data tracking charts and corresponding reports), and implementing the best intervention procedures within the limited time constraints. Moreover, health care theories are important (Sines, 2009). For example, the social cognitive theory rightfully focuses on learning from other people through observations and lectures. The health belief model correctly centers on the using the patients’ beliefs and attitudes to predict the patients’ future healthcare behavior. Lastly, I applied the change theory correctly enhance delivery of healthcare services to my Kyrgyzstan patients. Further, I liked the program planning cycle. I keenly applied the planning cycle when assessing my Kyrgyzstan patients’ healthcare needs, including

An Examination of Outsiders in Elizabeth Gaskell's Cranford and North Essay

An Examination of Outsiders in Elizabeth Gaskell's Cranford and North and South - Essay Example In Cranford, the outsiders and their relationship to the central characters are depicted with gentle satire and humor. Human foibles are examined with compassion and the tale holds out the promise of redemption. With typical narrative skill, Gaskell highlights the characteristics that mark both groups as unique in their own right and cleverly demonstrates the benefits to be enjoyed if their differences are ironed out. However she does not stress this point and brings out how it is also possible for the two to exist independent of the other, without too much hostility, overt or otherwise. In North and South, the role of outsiders is handled on a more solemn note, in keeping with the gravity of the subject matter. Gaskell reveals a thorough grasp of the situation as she depicts the painful antagonism that characterizes the mental framework of the outsiders and the inevitability of open conflict. Human existence itself becomes fragile under the oppressive, all - pervasive atmosphere of ill - concealed hatred, intolerance and mutual fear. She emphasizes the absolute need for reconciliation between the warring factions and the need for peaceful co - existence, improved communication channels, tolerance and better understanding. The novel reveals how such a ceasefire is not only possible but imperative in order to ensure better living conditions for all concerned. The difference in the depiction of outsiders in both the novels lies largely in the stronger stand she adopts in the latter. A thorough analysis of this subject helps one better understand the nature of the differences in the portrayal of outsiders and is likely to result in a better understanding of the content, themes and the narrative techniques employed, which in turn makes the reading experience far more rewarding and enriching. A Study of Outsiders in Cranford At the very onset of the text it is possible to identify the outsiders. Gaskell says, "Cranford is in possession of the Amazons; all the holders of houses, above a certain rent, are women In short, whatever does become of the gentlemen, they are not at Cranford" (1). Thereafter, men who arrive on the scene are perceived as the outsiders on account of their gender. From this point Gaskell sketches the peculiarities and peccadilloes that are the defining characteristics of both sexes with particular attention to the female sex. The traits unique to both sexes are seldom disparaged but often celebrated. Like the mythological Amazons, the women of Cranford had for the most part excluded men from their lives and are remarkably self - sufficient. However unlike their mythical counterparts they refrain from killing men, but do not baulk at driving them away by the sheer strength of their disapproval and superior numbers. Therefore the women are the central characters in Cranford; however despite the fact that theirs is a secluded community, insulated from the rest of the world, they cannot keep out men from their lives. Therefore male characters make their appearance at regular intervals for better or for worse and are essential elements of the plot. The community at Cranford is a close - knit one, where the genteel ladies are well established in their ways and are accustomed to the monotony of their uneventful lives. The ladies are used to each other's eccentricities and they take