Land law Essay Example | Topics and Well Written Essays - 1500 words - 2

Land law - Essay Example in respect of the land., these can be express covenants agreed between the parties or implied covenants as a matter of law (implied could be the obligation of the tenant to pay rent under the equitable lease. (Shiloh Spinners v Harding)1). Lord Templeman in Street v Mountford2 said that the essential feature of a lease is that exclusive possession of the property is given to a person for specified term, in return of rent. The most important issues in respect of exclusive possession is the fact that it gives ownership to the person for a specified period of time, and because of it being a proprietary interest, it can be assigned, and may be binding on subsequent owners of reversion. In the case of a license it is more of a personal right, binding on parties who created it. (Lloyd v. Dugdale)3. Furthermore, in the case of leases the landlord’s right is restricted to remove tenants and to set rent, this is contrary to what happens in the case of licences. Therefore the distinctio n of lease and licence is of the essence. The deciding factor in respect of lease and licence is that of exclusive possession. Exclusive possession is determined by the facts and surrounding circumstances and other factors. Labels in themselves are therefore not decisive, and so the intention of the parties are not relevant, but the substance of rights that have been created have been construed to be relevant. There are certain exemptions where even if the occupier is in exclusive possession a lease is not created ( Lord Denning in Facchini v Bryson)4. In accordance with Lord Templeman in Street, the fact that the substance of agreement and not the label, is what is important, restricts the situations whereby a license would be construed. From the facts, it can be construed that exclusive possession was granted to Tom. The next element that is important is the fact that it must be for a certain term. This is clearly the case as Lionel agreed to grant Tom a lease for five years. The next element of tenancy is that of rent as specified by Lord Templeman in Street. Clearly Tom was under an obligation pay the rent as well as the premium. Thus in the current situation a lease has been created. As far as creation of a lease is concerned, that is done in two stages, the first being the contract being concluded so as to grant a lease between the landlord and tenant, and the next step is that of the execution of the contract by grant of lease by deed. For the existence of a legal lease of more than three years or where a premium is charged are legal only if they are executed by deed, a requirement under section 52(1) of the Law of Property act 1925. A deed has been defined as a formal written document and in accordance with section 1 of Law of Property (Miscellaneous) Provisions Act 1989, a said document is construed to be a deed only if it expressly declared itself to be a deed and is witnessed by one other person. As far as equitable leases are concerned, they tend t o exist when an enforceable contract is entered into between the landl

What were the major characteristics of the urban culture that Essay

What were the major characteristics of the urban culture that developed in late nineteenth-century America - Essay Example Earlier, in the ages of slavery and racial isolation, diversity was far away from the limelight of urban cultural life. But the urban cultural scenario in the late nineteenth-century inculcated diversity to its core by showing acceptance without considering one’s culture, ethnicity, race, color and gender. Besides, diversity is the base of the urban culture of America. The African Americans, people from different parts of Asia makes the American society more diverse. The urban culture that developed in late nineteenth-century America helped the society to be well prepared for further development in following centuries. Another important characteristic of the urban culture that developed in late nineteenth-century America was ward politics or importance gained by local politics in national political scenario. As the urban society was more diverse, ward politics helped the diverse population to gain representation in national politics. Besides, restrictions upon voting franchise, like qualification on property and tax were lifted. This helped the people to participate in local, state and national levels without any pressure from the side of major political parties. Popular culture of simply ‘pop culture’ is one of the major characteristics of the urban culture that developed in late nineteenth-century America. Popular culture originated in 19th century and developed in 20th century. The urban culture in the 19th century provided enough space for popular culture to express emotion, views, ideas and perspectives of lower class people. Still, popular culture deeply influences urban culture in America. Summing, the unique characteristics of urban culture in late nineteenth-century America added a lot to its development in following centuries. The racial, lingual and cultural diversity in the urban culture was helpful to inculcate innovation to the core of American society. Besides, ward politics in local

The New Technology of War Essay Example for Free

The New Technology of War Essay Tanks: Tanks were massive killing machines, which could hold many goods and many men. This was an advantage because before tanks were invented, the soldiers had to walk to and from different battlefields under the risk of shellfire. The tanks were obviously bullet proof and protective and could move through the battlefield. They could go through wire entanglements and cross enemy trenches. This was useful to make a space for friendly soldiers to attack and could push back the enemy frontline a few miles. The tanks were strong enough to carry massive guns capable of blowing down enemy trench walls from a 100 metres away. Ties meant that the enemy would be open so the friendly soldiers could shoot in. Because the tanks were so massive, they tear up mud by their caterpillar tracks, which make it a disadvantage for friendly troops to run and walk over. Many of the German trenches were too wide so the tanks front fell into the trenches instead of going over. Consequently if the machine gunners were close to the tank, they could put sticky bombs on the side of it. The tanks were sometimes unreliable and most broke down at the start. This meant that lots of them would be a waste of money. There were still many mechanical problems with tanks, but they proved themselves to be a weapon of the future. In the event, the full potential of the tank was not to be realised until it had been from its infantry support role. Once it appeared, backed by air power, the age of battlefield domination was over. Wars of movement were once possible. With machine guns the tanks were killing machines that were lethal. Machine guns: It provided rapid and sustained fire so you wouldnt waste valuable time reloading the weapon. This also meant that the enemy could be mowed down easily so that it could hold the frontline and was a very valuable defensive item. They were useful in planes because it was very hard to hit enemy planes so machine guns could fire randomly and fast so there would be a definite hit. The machine guns were very expensive and when in a time of war, countries were strapped for cash so they were very rare. They also used a lot of ammunition. Around 120 bullets were fired per minute so it would cost lots and lots of money to fuel it. The machine guns could not be used to attack because they were too heavy. Also if their own troops were going across, then the machine gunners would have to stop because they would kill their own men. The machine guns were a great invention and provided a fresh new start for some future technology. It proved useful in many battles. These machines mainly won some of these battles. Gas: The gas method was deadly and had never been seen before. It could spread through walls and trenches and went as far as it could until it diffused. This meant that you didnt always have to hit the right spot while releasing the gas. The gas could also kill people fast and could cloud the vision of many people so they would wander out, linking it to the tanks and so the tanks could move across without being seen or heard if the soldiers had gas masks on until the tanks came close. Usually to attack you would need to lose a few men at least but this new method meant that no friendly soldier would be hurt in the process. Although gas could kill quickly, it took a long time to get to its destination just like a zeppelin. Lots of gas was really needed to kill the enemy soldiers because the gas needed to be dense. This meant that it was expensive to use the gas and it wasnt always effective because most of the soldiers had gas masks after a few months. This meant that gas could be totally ineffective and so it would be such a waste of money on the gas. Gas, of course, could accidentally come back to your own trenches from wind coming your way. Gas was highly feared by many humans throughout Europe because many rumours had gone around that it was the work of the devil and could kill anything so when gasmasks were introduced it meant that many people were rushing around for them like they were a saviour. Planes and Zeppelins: Planes and zeppelins were very useful because there was warfare everywhere. On land, under ground and on water but now in the air. It was useful because no guns were able to fire up at 180à ¯Ã‚ ¿Ã‚ ½ so planes were very unlikely to get shot down. They could drop bombs straight down on the enemy. This meant they could be accurate. Planes are linked with machineguns because of the use of them in planes so you didnt have to be accurate to shoot fighter planes. Zeppelins could be massive transport carriers of weapons and other goods. These sorts of machines would take a lot of time to make and be expensive which makes them like tanks. They were not always in the air and so had hangers and such where lots of bombers could easily blow them up before they could get into the air. Like most of technology, both sides would always find out the secret of the new machine so battles in the sky would always take place and would normally be a long battle or a stalemate. Planes were lightweight because they could not fly if they werent so this meant they had no armour so were unreliable. Planes and zeppelins were not used until the Second World War because earlier planes were unsuccessful and zeppelins hadnt been invented yet. But planes were found to be useful and they evolved around the war. The zeppelins were massive airplanes like air tanks ready to drop massive bombs. Modern Technology These modern methods were more effective, accurate and much more reliable. The older methods included horses, which were fast, but as animals they needed feeding, looking after and they needed rest so that meant they would have to wait prolonged periods for the chance to attack. It would cost money to feed the horse. They needed medicine to look after the horse as well. Dogs and pigeons were also used in the war for communication. Pigeons could fly distances of up to 60 miles and 80% of messages got through. But radio messages and telegraph wires were much more useful and would have direct contact with HQ and all messages would get through. So the older methods were fine for the time. Most battles did not take place and were stalemates so the newer technology was needed to break the stalemate and reach a quicker end of a battle, meaning a quicker war. But machine guns were meant to defend trenches and so were effective that they caused most of the stalemates. Many people had good ideas but tanks were the best and this pushed back enemy lines because enemy machine guns could not shoot them and waves of soldiers followed behind them. But tanks were for blowing up artillery not soldiers. So the army needed a weapon for killing masses of soldiers. The answer was gas. At first gas was used to knockout enemy soldiers but gradually more lethal gases were introduced. To kill, blind, maim and blister the enemy. Gas broke stalemates easily 178,500 British were hurt and 7,500 killed by gas. The Germans had 101,650 hurt and 5,350 killed. But then gas masks were invented and gas became so useless that some other machine was needed. Planes were used in earlier wars but were not effective but now new types were available so armies tried them and they seemed unstoppable by guns because they were so fast and there were battles in the air but as per usual there were guns to shoot down planes. So many new inventions were made and were, as you can see from my evidence, much more effective then old fashioned methods but there was always something to stop the new technology. The best defensive weapon is apparent to be the machinegun out of the new and old technology. This is because of the way it mowed down the enemy soldiers coming towards the trench. They could also be far apart because the gun could rotate up to 360à ¯Ã‚ ¿Ã‚ ½. Even though it is a defensive weapon, it was most useful in attacking machines such as planes because of its quick fire. The best technology for attack was the planes because of their ability to pass over anything and have no boundaries unlike tanks, which cant pass over some trenches. They were able to break the stalemate by bombing front trenches and pushing the enemy back. New Technology and inventions were vital in breaking the stalemate in the war on the western front and completely replaced older fashioned methods. To discuss this we need to look at different parts of the sentence. To start off with New technology and inventions were vital to break the stalemate in the war can be discussed easily. It says that they were vital but they were not only used to break the stalemate they were used also to keep the stalemate (machine guns). Some were not vital to the breaking of the stalemate but some were just used to destroy the trenches but not actually cause enough damage to break the stalemate and push the enemy back. The second part of the sentence is and completely replaced older fashioned methods. The word completely should not be used because if all the modern technology failed then the soldiers would have to rely on the older methods. So the word completely should be changed to parts. The fact is that nothing is ever totally replaced or exterminated. For example small pox is still around in the world today but not in Europe and that is why it is like the new technology. It may have replaced the older fashioned methods in Europe but it still did not replace it in the whole world. For example in China at that time, many horses were still used at the time. This sentence only complies with the positive side of the effect of modern technology. It uses two main facts to present the idea that the modern technology was only good. Coming into the new century was a big time for the old 19th century people. They were a new generation of invention lovers who were not afraid of the new technology unlike the generation before them. So they welcomed the new machines not fearing what damage they could do because they had only experienced mostly good things from new machines. Conclusion: The whole point of the essay was not to find out both sides of the modern weapon findings. As I went over the project I found different ideas and views on how technology was good and needed and how European Warfare would have been better off without it. I found out which machines were useful and which caused more hassle than good. I found why people views were what they were and whether they were good enough or not. At first before I came into this project fully, my views were that all technology was for the best but some were not and some were vital for peace. Weapons can be used for peace but they are mostly used for war. I found that tanks, if not invented, would surely effect the damage felt on Britain. Most probably increasing it because of the way the British used it so much. I had also found that if the German machine gun had not been invented, that the Germans may have lost the war much quicker because of the way they fiercely mowed down enemy soldiers heading towards the trenches. I found that many people had to put their trust in the machines and use them because of the inevitable increase in use of them. Many people I have read about have pushed for an technological advance in weapon warfare where others have the sure belief that it will all end up wrong.

Human Motivation Essay Example for Free

Human Motivation Essay

Absorption Costing: Advantages and Disadvantages

Absorption Costing: Advantages and Disadvantages There are two main costing methods that this company can use, absorption costing and Activity based costing. Absorption costing and Activity based costing (ABC) are two similar systems that are used to assign indirect costs to cost objects. Absorption costing is also called traditional costing; it is more simplistic and uses arbitrary allocation. On the other hand, ABC is more sophisticated and uses cause-and-effect allocation. This report will deal with the different definitions, the history, the advantages and disadvantages of absorption and ABC systems. Then finial a recommendation on which system is better suited for this company. This company needs either of the two costing system because they are useful during planning and budgeting. Furthermore having the systems in place will allow overheads to be charged to services. ABSORPTION COSTING Absorption costing is a method of costing that, in addition to direct costs, assigns all, or a proportion of product overhead costs units by means of one or a number of overhead absorption rates. Cima (2005) Absorption costing systems is a costing system where manufacturing costs are allocated to products and non manufacturing costs are not allocated to the product but charged directly to the profit statement and excluded from the inventory. Drury (2008) Absorption costing is a system in which all the fixed manufacturing overheads are allocated to the products. Drury From all these definitions the Cima definition is the better definition because it mentions most of the key processes that are involved in absorption costing which straight away gives you an idea of what absorption costing is. The other definitions are also good as they state some processes involved in absorption but Cima puts the definition in a more understandable way. History This costing system was developed decades ago when companies were much smaller and had less overhead costs. During the time this system was developed there were mostly industrial companies which made this system suitable to assign costs to cost objects. How it works This company currently operates under absorption costing system for working out overheads for their services. Working out absorption costing involves a two stage process. Stage one considering the allocation and apportionment of indirect costs to service and production cost centres and then apportionment of the service department to production department. Allocation is the process of estimating the cost of resources consumed by a product that does not use direct measures. This process deals with overheads that can be directly assigned to cost centres without the need to be apportioned. Cost apportionment is a process of charging indirect costs to cost centres that cant be directly allocated. Service department overheads are transferred to the production department so they can be covered. Stage two works out the absorption rates that are then used to charge overheads to cost objects. The absorption rate worked out is used to calculate the total overheads of a product. From all these three stages only allocation is used in ABC. There are advantages and disadvantages of absorption costing: Advantages Inexpensive and simple to operate. Absorption costing is simple to operate which makes it less expensive to operate. This is good for the company as it allows them to reduce their costs and understand what they are doing. Disadvantages Less accurate. Its good that the system is simple, but this makes it less accurate when charging costs to cost objects because of the intensive use of arbitrary allocation. Arbitrary allocation is when an allocation base used is not a considerable determinant of its cost. Not knowing all the exact causes of certain costs will make it difficult during planning and budgeting. Absorption costing emphasises on variable and fixed costs. This makes it difficult for the company to use information from this system for decision making; its not detailed enough to help the business make predictions or budgets. ACTIVITY BASED COSTING Different sources define ABC in different ways: An approach to the costing and monitoring of activities which involves tracing resource consumption and costing final outputs. Resources are assigned to activities, and activities to cost objects based on consumption estimates. The latter utilise cost drivers to attach activity costs to outputs. Cima terminology Activity based costing is a refinement of absorption costing that aims to charge overhead costs in much more detail so that the overhead cost can be charged on the basis of a cost driver. Drury (2005) Between these two definitions Cima definition clearly states what ABC is all about and mentions cost drivers which are a key area of this system. While the other definition does not specifically state what is involved in ABC e.g. cost drivers though it does point out that its similar to absorption costing. Overall, the Cima definition is better as it is a more detail explanation. History ABC system was developed when the current system then (absorption costing) was becoming less useful for assigning costs to products in the changing business environment. In the 1980s companies begun to increase in size and producing wider product ranges and services. Information processing costs were high, which made it difficult for sophisticated overhead allocation methods to be justified. There was an increasing demand for more accurate product costs; this led to the introduction of the ABC system. Cooper and Kaplan conceptualised the ideas behind this system as a way of trying to improve the accuracy of the charge made to cost objects in complex business environments. How it works ABC system is worked out differently compared to absorption costing. They both use the two stage allocation process to assign overheads to cost objects. First stage overheads are assigned to cost centres and in the second stage the cost accumulated in the cost centres are allocated to cost objects. ABC differs from absorption costing by having more cost centres in the first stage and a greater variety of cost drivers in the second stage. Exhibit 1 shows an example of a companys annual overhead costs which i will use to how ABC works. Similarly to absorption costing, an overhead analysis sheet is produced where overheads are allocated to cost centres. This is shown in exhibit 2. Then activities are identified for each cost. From exhibit 3 column A, you can see that there are lots of activities that have been identified from major activities e.g. General factory support. The costs created over a specific period have to be assigned to the activities. When costs are accumulated by activities they are called activity cost drivers. Activity cost drivers have to be selected for each activity centre in order to assign the cost attached to products. In exhibit 3-column C and D you can see the activity cost drivers and the cost they each accumulate. Cost driver rates are worked out for each activity. Finally, the cost driver rates are applied to products. In exhibit 4 there is an example of Product G that is produced and uses various activity cost drivers and cost driver rates are applied. There are advantages and disadvantages of having ABC in place, these are: Advantages Helps identify unprofitable items from the product line. This will allow the company to make changes to their production, and improve their efficiency. Removing these unprofitable items reduces un-necessary costs the company maybe encountering. Also it enables the company to increase its profit without the need to increase prices. Provides quantifiable figures for planning and estimates. ABC identifies all the different cost drivers that contribute to the total overheads of producing a product or service. This will help when giving quotes to customers as well as for the business to see if taking up a certain project will be profitable to them. ABC uses a large number of cost centres in the first stage and a greater variety of allocation bases in the second stage. This makes the system accurate at charging overheads to products. Accurate cost charges to products or a service reduces the risk of making a loss if the right amount is not charged. Disadvantages Expensive to operate. The complexity of this costing system makes it expensive to operate compared to other alternatives. The business will have to invest time and resources in order for them to identify the cost drivers. E.g. one of the steps needed to identify cost drivers is to interview staff and have them fill in time sheets. This process will reduce the production time available to the company. Time consuming. Using ABC is a very long process and requires a lot of information to implement; this is time consuming for the company and its staff. There is too much attention to detail and control. Sometimes paying close attention to detail might make it difficult for the company to see the bigger picture or make the firm lose sight of strategic objectives just to seek for small savings. It may be difficult to implement. In service companies there are costs that are difficult to allocate to specific service units and service department, staff often get involved in many non informal activities which may be challenging to record cost data. Recommendations Given that the company supplies services to government bodies and operates under absorption costing, I recommend that we should change the costing system to ABC as it will be more suitable for the company. This costing system may be difficult to implement in service companies but it shows the company more detail of the various costs involved in each service they provide which is essential during decision making and planning. To implement ABC there certain things the business will have to do: Proper planning and commitment from staff, carrying out a pilot study first may be vital. This will provide information about whether having ABC will be a benefit to the company. A team will have to be set-up that will be responsible for determining which activities are necessary for the services. The team should be made up of experts from different departments of the company and a consultant from outside can be used. Having individuals from different allows accurate identification of overheads involved.5 When a team has been assembled, elements of each activity that cost money are determined. Attention to detail is vital as some costs are hidden. Once all the costs have been identified and recorded, they have to be put in a computer system. After the business has had enough time to analyze the data they can use the information in various ways e.g. working out total overheads for each service. Conclusion Absorption costing has been around for a long time, ABC was developed as an improvement of absorption costing. ABC is a more accurate costing system compared to absorption costing as it looks at individual activities that contribute to the total overheads, while absorption costing looks at departments. Having looked at both advantages and disadvantage of the two costing systems it is clear that even though they are similar they have significant differences. I have recommended that we introduce ABC, it will be a huge benefit for the company as it will decrease the number of errors made during costing.

Leadership Essay -- Trait Theory, Maslow

Leaders impact people's daily lives and futures. In good times and bad, there is always a need for strong leadership. According to Fesler (1960) leadership is a social process, it cannot exist without leader and followers. Leadership is results in followers’ behavior that is goal-directed in some sort of organized setting. In brief, leadership is a process by a person influences others toward the attainment of group or organizational goals. Like the words said by Keith (2003):† Leadership is ultimately about creating a way for people to contribute to making something extraordinary happen†. The development of leadership studies has three phases: trait theory, behavior theory and contingency theory. According to Robbins& Judge (2011), the studies at late of 1960s are applied to the â€Å"great man† theory which state that the leads are born to lead, they are not like other people and they have some special trait. The researchers examined the physical, mental, and social characteristics of individuals, they are expected to find out what kinds of trait will means the people is the leader. However, Fry& Kriger (2009) indicated that leader trait research ignored followers’ needs and not gives explanations for the proposed relationship between individual characteristics and leadership; it is not consider the impact of situational factors that might moderate the relationship between leader traits and measures of leader effectiveness. As a result of these drawbacks, trait theory is not successful and generally abandoned. While aware of the limitations of trait theory, the focus of leadership research shifted away to leader behaviors. The researchers begin to observe the relationship between behavior and leader effectiveness. The behavior ... ... the leader behavior that will accomplish these tasks depends upon the subordinate and environmental contingency factors. In conclude, there is no best way or universal style to manage an organization. A good must think over the situation around and find out an appropriate leadership style. Although Anna Bligh’s behavior is not totally same with effectiveness style which is indicated by behavior leadership studies, but her style is appropriate to the situation she met, and consistent with the definition of effectiveness leadership under contingency theory. Her case is also proof that behavior leadership has offered many kinds of leader style but a good leader generally should not use the same style with a group in different situation. Like contingency theory indicated: most efficacious leadership is the style that accordance with current circumstance.

History of Automated Teller Machine Essay

An automatic teller machine or ATM allows a bank customer to conduct their banking transactions from almost every other ATM machine in the world. As is often the case with inventions, many inventors contribute to the history of an invention, as is the case with the ATM. Read each page of this article to learn about the many inventors behind the automatic teller machine or ATM. In 1939, Luther Simjian patented an early and not-so-successful prototype of an ATM. However, some experts have the opinion that James Goodfellow of Scotland holds the earliest patent date of 1966 for a modern ATM, and John D White (also of Docutel) in the US is often credited with inventing the first free-standing ATM design. In 1967, John Shepherd-Barron invented and installed an ATM in a Barclays Bank in London. Don Wetzel invented an American made ATM in 1968. However, it wasn’t until the mid to late 1980s that ATMs became part of mainstream banking. Luther Simjian’s ATM Luther Simjian came up with the idea of creating a â€Å"hole-in-the-wall machine† that would allow customers to make financial transactions. In 1939, Luther Simjian applied for 20 patents related to his ATM invention and field tested his ATM machine in what is now Citicorp. After six months, the bank reported that there was little demand for the new invention and discontinued its use. Luther Simjian Biography 1905 – 1997 Luther Simjian was born in Turkey on January 28, 1905. While he studied medicine at school, he had a life-long passion for photography. In 1934, the inventor moved to New York. Luther Simjian is best known for his invention of the Bankmatic automatic teller machine or ATM, however, Luther Simjian’s first big commercial invention was a self-posing and self-focusing portrait camera. The subject was able to look a mirror and see what the camera was seeing before the picture was taken. Luther Simjian also invented a flight speed indicator for airplanes, an automatic postage metering machine, a colored x-ray machine, and a teleprompter. Combining his knowledge of medicine and photography, Luther Simjian invented a way to project images from microscopes, and methods of photographing specimens under water. Luther Simjian started his own company called Reflectone to further develop his inventions.