Memorandum Law Assignment Example | Topics and Well Written Essays - 2250 words

Memorandum Law - Assignment Example Goodchild would inherit the townhouse absolutely. Mr. Andrews has subsequently attempted to revoke these gifts. The main legal issues are therefore whether or not Mr. Andrews has established trusts or absolute gifts and if so, whether or not he is at liberty to revoke these trusts/gifts. In order to determine whether or not the gifts/trusts can be revoked it will be necessary to ascertain whether or not Andrews has the power to revoke the gifts as a settlor or otherwise. Rules/Authority It is a general principle of the law of equity and trust that once an express trust is created it cannot be reversed by the settlor.1 However, in the event a settlor reserves unto himself the power to revoke a trust, and he decides to exercise that power, the trust property will revert back to the settlor.2 In addition, the doctrine of donatio mortis causa may have a role to play in the settlor’s right to revoke a gift.3 By virtue of the doctrine of mortis causa, a settlor transfers property to a donee in contemplation of his death and with the understanding that the property will be held by the donee absolutely upon the settlor’s death.4 In other words, a gift made with the intention that the donee obtains absolute title upon the donor’s death is distinguished from an inter vivos absolute gift.5 Therefore the consequence of such a gift is that the donor may revoke the gift if he does not die. There is one caveat: the gift must be made in contemplation of pending death, not in contemplation of death at some future speculative time in the future.6 Where the death is speculative the gift is â€Å"inter vivos but conditional on death†.7 Thus the only method of revocation of the intervivos gift conditional upon the death of the donor is by an express provision of revocation in the trust instrument or transfer deed or by expressly resuming possession of the property transferred.8 At its heart, the main question for determining whether or not a trust can be revoked or trust property recalled is determining whether or not the settlor intended to divest himself completely and absolutely of the trust property.9 In this regard, the doctrine of resulting trust will be significant. In general it is the common intentions of the settlor and the trustee’s of the trust. A resulting trust arises to transfer property back to the settlor when both the trustee and the settlor are aware that the settlor did not intend to transfer the property absolutely to the trustee or that the trustee treats the property in a manner that is inconsistent with the donor’s intention.10 Thus resulting trusts operates on the conscience of the parties.11 Application to the Facts The gifts of the townhouses to Andrews’ children Colleen and Brian appear to be gifts only intended to take effect upon Andrews’ death. This was expressly noted in the attorney’s letter to the children and represents the terms upon which they accepted the gift of the townhouse. However, there is no evidence that Andrews made the gift in contemplation of death as he merely said that he was at a place financially where he wanted to pass his wealth along. As such the doctrine of donatio mortis causa will not be an available ground for Mr. Andrews to force the return of the gifts to him. There is no evidenc

Assess the importance of Chapter One in Great Expectations by Charles Essay

Assess the importance of Chapter One in Great Expectations by Charles Dickens - Essay Example Pip is an orphan who has had a good though sometimes rough upbringing by his sister Estella. The focus in the entire novel is on the family, which starts from the very first chapter as Pip spends his time in the graveyard amongst his family members. He has never seen his parents ‘for their days were long before the days of photographs’ (5; ch 1). This also creates the atmosphere that the novel was created in the early nineteenth century. With child-like innocence, he conjures the image of his parents (whom he had never seen) by carefully studying the lettering on the tomb. The first chapter draws out the tension and creates the proper mood for the novel. ‘Ours was the marsh country (13; ch 1) denotes the depressing atmosphere in which Pip lives as a child. It symbolizes the uncertain and mysterious times in his life. This bleak place overgrown with nettles was the churchyard (15-16; ch 1), the low leaden line beyond, was the river; the distant savage lair was the sea (19-21; ch 1)– add to the dreary scene. It also builds up a sense of dread that something fearful is about to happen. Soon after this Magwitch appears and threatens to cut Pip’s throat. The repetition creates an atmosphere of subdued and miserable tension that besieged Pip’s life when he discovers in chapter 39 that his benefactor is none other than Magwitch, the escaped convict who he had met at the graveyard. This revelation is awful and it destroys the little peace that he had known. The chapter further illustrates that no act of kindness ever goes unnoticed. He is frightened into helping an escaped convict called Magwitch. Pip returns bringing food and drink for Magwitch and this act of kindness has important consequences later in the novel. It was an act out of fear, as Pip was scared of Magwitch’s violent threats and because Magwitch made him promise, "Say

Contract Law Assignment Example | Topics and Well Written Essays - 2000 words

Contract Law - Assignment Example The question that needs to be determined in the sale transaction between Tom representing the Buyer and Max representing the Seller is whether Tom, in making the payment of 28,000 pounds has paid up in full according to the contractual terms, or whether Buyer will be liable to pay the additional amount of 2800 pounds that is being claimed by Seller, as a function of a small price rise that is sanctioned under the terms of its standard sale/purchase agreement that Tom has filled up when placing the order for the equipment. Contractual validity: In order for a contract to be valid, â€Å"there must be a definite offer mirrored by a definite acceptance.†1 In the case of Harvey v Facey2 a telegram sent by Facey confirming price was deemed not to be an offer3, however in the instant case, the Buyer (Tom) has made a definite offer to purchase the hydraulic jack system for the price listed (28,000 pounds) in the brochure while the Seller (Max) has orally agreed to supply the goods at the agreed list price of 28,000 pounds. Therefore, a contract has come into being and Max’s acceptance of the contract may be seen by his action in going ahead with the manufacture of the Hercules equipment.

British Social Policy Essay Example | Topics and Well Written Essays - 1000 words

British Social Policy - Essay Example Starting from the Old Poor Law (established by Elizabethan Act in 1572) which provided the relief to the poor (provision for work, help to immigrations and compulsory poor rate), and up to the current social security benefits (child support, unemployment, income support, and pensions), the social policy has gone though the number of reforms which have changed the delivery of the social and financial assistance. In the early 18th century the number of immigrants to Britain has much increases and most of them were living behind the line of poverty. From economic perspective, the situation in the country was stable and, as the result, the government was able to address the needs of the poor. In particular, the workhouses and poorhouses were established where poor could work and satisfy their basic needs. However, the situation has started to change in the 19th century when the industrial revolution fostered the development of the towns and the rapid population growth. From microeconomic perspective, the government was no longer able to deliver social benefits to the poor and the poverty rate doubled (Laybourn 1995). The Poor Law did not meet the needs of people because the increased population was beyond the British ability to provide for and, moreover, the Poor Law was undermining the wages of the independent workers. The health perspective of social policy was first addressed by the Br... Medical care remained private and voluntary, even though the number of infirmaries grew rapidly. Interestingly, until 1885, there was the law that required people to be poor in order to use infirmaries (Poynter 1960). In the early 1900s, the government has laid the foundation of the modern social policy and social services and the infrastructure of the public services was developed. In the period of 1905-1911 the following acts were developed: Unemployment Workmen Act, Education Act (free school meals), School Medical Services, Pension Act, Labour Exchange Act, National Insurance Act. As the result of such governmental concern with the social policy, the delivery of the social services has much improved and the poverty rate significantly reduced. During the inter-war period, the Widows, Orphans and Old Age Contributory Pension Act was introduced which granted the financial assistance to those who were unable to earn for living because of war (Poynter 1960). The so-called wartime perspective has further influenced the delivery of social policy to British population. In 1942 the National Insurance system was proposed which rested on three perceptions: family allowances, national health service delivery and full employment. The key elements of the welfare state after 1948 included social security, health, housing, education and welfare of children. Unlike the Poor Law that separated these social services, the new social policy was focused on inter-relating the nature of the services as well as emphasizing the importance of each. From theoretical perspective, the Welfare State was not intended to reduce the poverty, but to encourage the provision of social services on the same grounds as roads and libraries (Alcock

Discussion Mentor Assignment Example | Topics and Well Written Essays - 250 words

Discussion Mentor - Assignment Example Much of the mentoring has occurred in informal settings, where the nurses only provide guidelines in seeking to ensure that I undertake various nursing activities accurately. They have become an integral part of my career advancement Many of the nurses are experienced and capable of assisting novice individuals with many of their requirements. The knowledge and skills they possess plays a fundamental role in ensuring that they provide the required support (Jill & Bally, 2007). Despite sometimes facing difficulties themselves, they are capable of undergoing extreme conditions, which are also critical in encouraging other nurses (Wilkes, 2006). The efficiency with which they perform their responsibilities is an element that makes them admirable mentors. Despite the inexplicable mentorship skills they possess, the nurses are sometimes affected by some numerous issues, which make them naà ¯ve and susceptible to external pressure. When faced with some challenging situations, it is common for inefficiency to become imminent and sometimes, they have to seek direction and guidance

Refraction of Light Research Paper Example | Topics and Well Written Essays - 1250 words

Refraction of Light - Research Paper Example Refraction refers to the property by which light bends when it travels from rarer to a denser or from a denser to a rarer medium. If a ray of light is travelling from a denser to a rarer medium, say from glass to air it bends away from the normal. If the ray of light travels from a rarer to a denser medium, it bends towards the normal. The phenomenon of refraction of light is governed by laws known as Laws of Refraction. When a ray of light traverses from one medium to another, the direction and the angle by which it bends is determined by these laws. The first law of refraction states that the incident ray, the refracted ray and the normal all lie in the same plane (Walker et al, 2010) The second law is prime factor for determining the direction of the refracted ray. This law is popularly known as Snell’s law. According the this law the direction of the refracted ray depends on the ratio of speed of light in the two mediums. Light travels with different speeds in different mediums. Most materials have refractive indices of their own which primarily depends on the wavelength of light. The refractive index of any material is given by the ratio of the speed of light travelling of light in that medium by the speed of light travelling in vacuum. Optically dense medium are those that have a high refractive index while those materials whose refractive indices are almost near to 1 are known as optically rare media (Haynes, 2014) When light travels from a medium of higher refractive index to a medium of lower refractive index, the path taken by the light rays is dependent on the angle of incidence. If the angle of incidence exceeds beyond a certain value the refracted ray does not travel to another medium but in fact returns back into the same medium. This phenomenon is known as total internal reflection and the angle of incidence is known as the critical angle. Critical angle is also known as the limit angle and is defined as the angle

Exploring the Bible Test #2 Assignment Example | Topics and Well Written Essays - 750 words

Exploring the Bible Test #2 - Assignment Example He tells us what he sees and what happens to him describing it as special. The events dazzled him evidently. However, the vision affects him saddening him because he cannot tell the people of what God is saying because he has spoken awful things. However the major thing is that God assures Isaiah that he has covered his sins and that is the whole element of the book that all men are sinners but that He will pay the costs of their sins through Christ Jesus his son. After God forgives us and covers us we are able to hear him just like Isaiah who thereafter offered himself as a servant. They have a choice to trust God or trust nations – either choice reflects whom they will serve. In Chapters 40-55, â€Å"Vocation of Servant hood is outlined.† The first nine chapters try to remind Israel of its calling and give the motivation to trust God and following nine chapters detail how Israel can become a servant. Explicit examples of servant hood are seen in Isaiah answering the call to be God’s prophet and Hezekiah who lives out the tension of Israel and still serve God first. He is not concerned with his nation’s survival; first he is more concerned on how its actions have provided the means by which God’s name has been brought to contempt. Thus, he knows 1God is aware of everything; 2God establishes the limits of our trials; 3 we should seek growth and not justification; 4there are many ‘whys’ that we will never understand; 5 trust in the face of anguish; 6 rewards the good and the bad; 7 when we learn what God is teaching us we grow and emerge victorious. Conventional wisdom refers to those opinions or judgments about a particular matter that are generally accepted by everyone while speculative wisdom like found in job incorporates issues such as the significance of life and God’s relationship with man . Proverbial wisdom on the other hand, gives account to short sayings which state rules for living and welfare. 1. Power difference