Thursday, September 26, 2019
Global Trends in Corporate Power Assignment Example | Topics and Well Written Essays - 1500 words
Global Trends in Corporate Power - Assignment Example However, the 1970s experienced a failure of the Keynesian economic policies to address unemployment and inflation issues. Conservative politicians fought for the growth of large corporations by faulting the enforcement of anti-trust laws and lowering tax rates on corporations.The fall of the Eastern Bloc nations and the Soviet Union near the end of the twentieth century also gave room for the spread of free-market capitalism. Capitalism played a crucial role in enhancing quick expansion of large American corporations such as Coke, McDonald's, and Levis into new markets that had been dominated by Communist countries. International agreements on free trade and privatization are fueling the removal of trade barriers. Corporations are now riding on preferential treatment by nations. Their impacts on peopleââ¬â¢s welfare are felt from Wall Street to the poorest country on the globe.Global distribution of Multinational Corporations (MNC) suggests the vast influence of corporate power. T he United Nations reported that there were approximately 75000 MNCs operating globally in 2005. The developed industrial economies boast of being the mother countries of about three-quarters of the MNCs. Denmark is a home to 12% of the total MNCs, followed by South Korea. Germany follows with 8%, then Japan (7%), China (5%) and lastly U.S. (3%). India and Brazil are the leading developing countries that home a significant number of MNCs. However, a greater share of the geographic distribution of only the very largest corporations is in U.S. and Japan.
Wednesday, September 25, 2019
Mohammed Ail Research Paper Example | Topics and Well Written Essays - 1500 words
Mohammed Ail - Research Paper Example He rose to fame even outside the boxing ring for his outspoken and brave behavior. When the government demanded of him to join the military in 1957 to fight in Vietnam he refused citing religious reasons. He said that he cannot fight until and unless it is justified through religious teachings. The US government did not recognize this excuse and arrested him for draft evasion charges. The American public shifted their perception about Ali after his conviction (Ezra, 2009). People turned sympathetic towards him and saw him as an inspiration. Due to this incident, he could not professionally box for four years at the prime time of his career. Later Aliââ¬â¢s appeal worked its way to the Supreme Court. He won the case in his favor. His court victory made him an icon for a generation that would reject forceful inclusion in the military or any action against their will. Finally in 1971 he returned to the ring. He won the world heavyweight championship title three times; 1964, 1974 and 1978. His career as a boxing legend involves historical matches with boxing greats like George Foreman and Joe Frazier. Muhammad Ali rose above his sport after mastering it (Remnick, 2011). Ali brought the game of boxing to a whole new level. With his charismatic personality, his sheer power in the ring and his butterfly movements he became an icon for the sports of boxing. Ali is an entertainer when it comes to interviews and TV shows. He is an outspoken personality and would love to talk about issues other than boxing. He was the first African-American athlete who would shout his pride of being from the black race. He stood firm against the white establishment. Ali was kept under surveillance by the FBI, and received the same treatment as Martin Luther King Jr. and Malcolm X (Remnick, 2011). He lived a high-profile life and move the masses. Ali was born in Louisville Kentucky. His father Cassius Marcellus Clay
Tuesday, September 24, 2019
Outline presentation+PP presentation slides Essay
Outline presentation+PP presentation slides - Essay Example In the past, electronic cigarette has been seen as a media ploy. However, with technological change, it is possible to develop unique products and services. The E-cigarette is a product of innovation and intelligent product. The amount of money spent on cigarette has been increasing over time due to increasing costs of production. However, with the production of the E-cigarettes have been effective in reducing the cost of cigarette consumption (Malaval and Benaroya 89). The research by the Howie Zee, the average consumption cost reduces over year, and the graph below illustrates the changes in costs after the uptake of the new product. The results are based on the personal consumption rate of one pack per day The graph above illustrates the performance of E-cigarette compared to the tobacco cigarette which has been in use for a long time. However, the establishment of the e ââ¬â cigarette brand has been poor due to poor investments over the years. Media use has improved the performance of the cigarette for the last decade with the main beneficiary being the Blu brand of E-cigarette. The blue cigarette has been developed with several flavors making it diversified with exceedingly many options. The product comes with seven flavors namely cherry crush, classic tobacco, Java Jolt, Magnificent Menthol, and vivid vanilla. Other flavors are peach schnapps and Pinna Colada. The variety offered makes the products better in providing options in the cigarette industry. The products do not have smoke, ash or smell making them valuable especially when used in public areas. The products contain rechargeable packs and the flavors are presented using cartridges in order to facilitate easy change of flavors (Preston 23). The flavor cartridge has great vapor and come with a single design, and each cartridge is equivalent to one pack of cigarettes. In addition, the company obtains smoke juices, which are manufactured in Wisconsin and the flavors
Monday, September 23, 2019
What Factors Affect the Gender Pay Gap in the UK Industries Essay
What Factors Affect the Gender Pay Gap in the UK Industries - Essay Example This research will take both a mixed method approach where both qualitative and quantitative methods will be applied. The incorporation of a mixed method approach will help increase reliability while increasing both internal and external validity. The qualitative method will be used in order to explain the beliefs and the behaviors that surrounds gender pay gap. This method will involve interviews with various individuals that will shed light on the disparity in pay between men and women. The interviews will involve corporate managers; ten shall be interviewed where at least four should be of the opposite gender. In addition, employees drawn from various sectors will be interviewed. Ten companies that are involved in manufacturing of various products and provision of diverse services will be chosen, for every organization, one individual shall be interviewed. In this case, at least 40% of the interviewees should be of the opposite gender. For the quantitative research, a survey of th e payments of individuals across various industries will be done. This data shall be provided under the consent of the management of the respective organizations. Payment data from twenty-five organizations shall be collected. This will help create an understanding of the disparities in gender across occupations as pointed out by Farrell. Both research methods will adhere to ethical standards of research. Firstly, there will be informed consent for both the interviewees as well as the management shall be aware of the use of the payment data. Another aspect is confidentiality; both the intervieweeââ¬â¢s information as well as their individuality will be kept confidential, the same will apply to the payment data that is meant for survey purposes. The variables under considerations are two; gender (dependent) and the independent variable will be payment. A relationship will be drawn between the two from the quantitative data obtained through the surveys.
Sunday, September 22, 2019
Management, Personal Relationship and Decision Making Essay Example for Free
Management, Personal Relationship and Decision Making Essay The concept of interpersonal relationships and management involves ideas, taught, and beliefs that are related with social association and affiliations which are employed as approached to marketing, operations, training, management and executive decision (Giddens, 2001). These taught and perceptions constitute different philosophies used by various organizations that create a harmonious place for members and personnel. These beliefs allow the organizationââ¬â¢s business to improve. Business improves since personnel performances are able to maximize their potential because people are working perfectly as a team. It is no secret that in order for business to be successful, management plays a very important role (Virine, 2007). Thus, for business to prosper, philosophy in management should be carefully taken into consideration (Virine, 2007). à à à à à à à à à à à à In order to successfully manage an activity or personnel it is important that a manager is strong-willed, determined and possessed the ââ¬Å"driveâ⬠needed to achieve the desired goal. à It is significant that a person should do a specific thing really well. In order to achieve this, a fine plan should be accomplished and when the plan is executed it is necessary that the plan is strictly followed. It is also important that the existing plan can adapt to changes that when problems are encountered, it can easily be resolved. Also in managing, it will be fitting to add that it is not enough that a person would know how to do things correctly, but it would be a welcome addition to recognize that a person knows how to things better. à à à à à à à à à à à A person should understand and put into his mind that there are occasions when great just isnââ¬â¢t good enough. He should not settle for less instead strive and work harder to deliver and perform things way beyond what people have expected. He should not be satisfied by saying ââ¬Å"this will already doâ⬠and ââ¬Å"this is alrightâ⬠. He should always work to be the best. Being the best should not be the endpoint that will mark the conclusion of a venture, but it should be a starting point of something that is great. Through sheer innovation one should take something that works, it could be ideas, or various products such as electric appliances, glassware or simple things like papers and plastics, then transform them and improve them to something that is really unexpected. A person should always try to work to achieve excellence. à à à à à à à à à à à However, in order to properly manage things there are other factors that should be taken into account. One major factor is inter-personal relationship. Relationship with others influences the way we manage things our everyday life (Kahneman, 2000). It is because of our relationship to our love ones that we strive to make things better. It is because of these people who are close to us and we hold dearly in our hearts that we struggle in order to create a better living condition. Because of them we ââ¬Å"shoot for the starsâ⬠and aim for the best. Furthermore, our relationship in our workplace with fellow personnel and with the manager dictates the success or the failure of an activity. As mentioned before, it is important to achieve a working area that is surrounded by people which are friendly and are always prepared in lending help. Somehow, they can be your family that during the most challenging times in the work one would have somebody to lean on (Lauria, 1964). They would provide you support and the much needed boost during office hours. With someone to call on, personnel can fully utilize their skills and maximize their talents. Workers do not need to be worry of accidents that may happen, since a sense of security and protection is given to them, as a result they become more focused. Also, in return workers and personnel would work doubly harder to showcase their affection to the people who have helped them in work and their gratitude to the organization and their bosses. Another essential issue that arises from the proper managing of things is decision making. Making a sound decision is hard and when at one point an organization has arrived to a decision, it is always certain that not everyone would be pleased, there would always be contentions. Generally, there are no rules that would make a person a good decision ââ¬âmaker (Plous, 1993). There are always risks that are involved and often times these risks impose immense problems that lead to the downfall of what seems a fair decision at the beginning. There are, however things that can help a person in making decision. Information should first be gathered and accumulated about the issue at hand. Careful study and precautions must be done to properly weigh things. In making a decision it is important to first ask who will be affected once the decision is handed out. Then, we should also understand who will benefit and to whom the decision is detrimental. In making a decision, one should decide for the good of majority and sacrifice his own self interest. To be a good decision maker one needs to be self-less. It is a noble act, a supreme sacrifice. A situation that recently took place in my office is the grudge that happens between two of my colleagues. The conflict occurs because of a misunderstanding for the division of labor in the office. Due to the misunderstanding, a part of the job was left undone. When the deadline arrives and portion of their proposal was still incomplete, pressure started to build up and emotions run high. As a result, a dispute between them existed. For a period of one month or so they started not to talk with each other after their proposal was dumped. Since, both are my friends and I am the one who is being caught from their fight I decided to talk to them and invite them to be part of a project that was assigned to me. Although they were hesitant to work with each other, I convinced them telling they are the most trusted person I knew that could help me and the only person which fitted the job. Professional as they are, they put aside their differences, and worked as a real team. With me calling the shots, and making sure everything is carefully attended and no single detail taken for granted we finished an astonishing job with lots of time to spare. We can infer that by setting aside their argument and their pride for a better cause, and giving each other another chance to work a fine output is achieved. They decided to be selfless and put the organization on top of their priority. References Giddens, A. (2001). Sociology. Cambridge: Polity. Kahneman, D. (2000). Choice, Values, Frames. Cambridge: The Unviersity Press. Lauria, A. (1964). Respeto, Relajo and Inter-Personal Relations in Puerto Rico Anthropological Quarterly, Vol. 3 (No. 2). Plous, S. (1993). The Psychology of Judgement and Decision Making New York: McGraw-Hill. Virine, L. (2007). Management Concepts: Vienna.
Saturday, September 21, 2019
A White Heron Essay Example for Free
A White Heron Essay A White Heron is a short story about a city girl who came to live with her grandmother in the country. She met a young ornithologist hunter looking for a rare white heron he heard that was seen in the area and to stuff it for his collection. She discovers her infatuation for country life and her love and values for the animals that are living there. She became part of nature and loved it. Sylvia is so overcome by natureââ¬â¢s beauty. When she went home, she could not tell of what she found. She knew she would be awarded with money for telling of the birdââ¬â¢s location, but she determined that it was more important to save the birdââ¬â¢s life. Sylvia was overwhelmed with the fact that it was more than a beautiful bird, she realized it had every right to continue to live in its own innocent world. The story gives us better understanding about the relationship among men, women, and nature. We can see womenââ¬â¢s involvement with nature, menââ¬â¢s domination over women and nature, and the return of womenââ¬â¢s unity with nature. The relation between men and nature was seen as men dominate nature because men saw nature as a supply for free enterprise, while the relation between women and nature was seen as women were closer to nature than men. Women and nature were valuable companions. And because nature was dominated by men, women and nature help each other and were enlightened from menââ¬â¢s domination. Women understand how to live harmoniously with the world. It was seen in the beginning of the story that Sylvia lives cordially with the nature near her even if she is new to the community in the countryside. Before being disrupted by men, women have good relationship with nature. The story represents the relation between women and nature, which is very close to each other and are seen as close friends. Even though Sylvia and nature are harmonious, they do not feel they are forced to be united. Nature gives her a warm welcome to be an important part of it. It is also seen that the animal is eager to be Sylviaââ¬â¢s friend and presents her a tour in the woods. The bird takes care of the girl with compassion because the bird considers her as a valued companion. This shows that nature welcomes Sylvia as a member of the countryside. This short story recommends that when women stay close to nature, women can greatly understand nature through their senses. In the story, Sylvia takes in nature when she is on her way home. Sylviaââ¬â¢s admiration of nature reveals that Sylvia can deeply understand and grasp nature through seeing, hearing, smelling, tasting, and touching. This short story totally expresses how women are a valuable friend of nature. It shows the importance of being friends. Without Sylvia, the old cow would be an ordinary cow in the farm. The story articulates that Sylvia treats the cow very well. Nature helps Sylvia at first by being her friend in the woodlands because sheââ¬â¢s new in the countryside and a life in her grandmotherââ¬â¢s isolated house, the girl doesnââ¬â¢t have any friends. The relation of women and nature, without menââ¬â¢s interruption, is absolutely compatible. Sylvia and her grandmother live contentedly in the countryside because they have great admiration and value for nature. The women in the story have good understandings of nature and nature can be good companions without menââ¬â¢s interference. In the beginning of the story, Sylvia and her grandmother symbolize women who live in harmony with nature. But when the young man arrives at the countryside, both of them become gradually influenced by him. Even though Sylvia thinks that the young man is not as friendly as her old cow, she shows warm hospitality to him. It is seen when he asks her for accommodation and some food and Sylvia eventually takes the young man to her grandmotherââ¬â¢s home. While at her house, the young man exhibits menââ¬â¢s approach towards women and he positions himself higher than women. His experiences from the city shape his views and lead him to offend the countryside. He believes that he is from a better group of people because ââ¬Å"The young man had known the horrors of its most primitive housekeeping, and the dreary squalor of that level of society which does not rebel at the companionship of hens (14). â⬠Opposite to his expectation, he found that Sylviaââ¬â¢s house very clean and comfortable. In the story, the view toward natural science is demonstrated in a different way through the young man and Sylvia. Sylviaââ¬â¢s attention and the young manââ¬â¢s curiosity in birds are also different. The girl sees the birds as her friends and becomes their caretaker. Though the young man was influenced by the patriarch and industrialization, he doesnââ¬â¢t perceive the close relation between women and nature. He tells the real purpose of his travel as he tracks a white heron flying three miles away from Sylviaââ¬â¢s house. Sylvia and the white heron are influenced and exploited by the young man as the girl becomes his worker by helping him look for the white heron. The bird is stimulated like it is one type of the resources which provide for the growth of capitalism. Because of temptation, Sylvia came to a decision to go into the woods alone to find the white heronââ¬â¢s nesting ground. Her voyage into the woods demonstrates that Sylvia is captivated by the young manââ¬â¢s charm and money. The trip exemplify that women are dominated by men to take advantage of nature. As Sylvia becomes the young mans worker, her knowledge and bravery are oppressed to provide the young manââ¬â¢s demand. Although Sylvia is familiar with the woods, she abandons her unity with nature. It is obvious that Sylviaââ¬â¢s sensitivity about wild creatures changed and when she started to climb the tree top, she is not unified with nature. The girl destroys nests as she climbs and her attitude to nature changed. Instead of being a caretaker of animals, the girl is illustrated as a housebreaker (31). Nature and Sylvia become divided from each other. As Sylvia go up to the top of the tree, she absorbs a natural feeling again as nature tend to bring her awareness back. The white heron makes his entrance almost at the end of the story. This is to remind her that the bird is still her good friend. Sylvia has realized pain and fatigue of being inferior to the young man. She also recognized that nature is her true friend and not the young man. She experienced the world from a different point of view as: Yes, there was the sea with the dawning sun making a golden dazzle over it, and toward that glorious east flew two hawks with slow-moving pinions. How low they looked in the air from that height when one had only seen them before far up, and dark against the blue sky. Their gray feathers were as soft as moths; they seemed only a little way from the tree, and Sylvia felt as if she too could go flying away among the clouds. Westward, the woodlands and farms reached miles and miles into the distance; here and there were church steeples, and white villages, truly it was a vast and awesome world (34). It stated how she was impressed by nature and her attraction with the young man gradually lessens. These show that even though the relation of women and nature is interrupted by men, the relation can be easily brought back together because women are close to nature. In the end, the story suggests that women will be powerful when they work in assistance with nature. Sylvia makes a decision not to tell the young man about the white heron making them free from exploitation of the young man. People cannot sit around expecting to achieve a goal. They have to follow and do something in order to achieve it. The story relates to sustainability as Sylvia managed to overcome the influence of the young man with the help of nature. Sylvia starts to understand what it means to have maturity and to overcome her self-centeredness. Her experience in putting the bird first before taking money shows how Sylvia has matured. The Power of nature bears out to be much greater for her tough most people would have told the location of the bird and ran away with the money. Her relationship with nature was much stronger than any human relations she had, and she knows she gain more satisfaction from nature than from money. She saved not just the bird, but also herself. It relates to conservation of the environment so much. It made us realize how important the role of nature is for all of us. We take nature for granted. We experience calamities because of our own doings to nature. We should learn to appreciate the things nature gives us. It is not that hard to conserve our environment even if it is our source of livelihood. We should remember that it is also the source of our lives. The forest where Sylvia lives is second-growth forest, where the land was highest, great pine-tree stood, the last of its generation (28). And she finds knowledge in: Whether it was left for a boundary mark, or for what reason, no one could say; the woodchoppers who had felled its mates were dead and gone long ago (28). The rare old tree had emphasized the value of preserving the land. Without the help of nature, how do you think we could ever survive? So, the short story tells us how important it is to conserve our environment for it will benefit us so much for so many centuries to come. The conservation of animals is also simple like with the conservation of the environment. There are so many animals now that we canââ¬â¢t appreciate their beauty because of extinction and there are so many animals that are endangered of becoming extinct. We should appreciate their beauty and respect their right to live as part of nature. They belong to the open wide spaces of nature and not as a stuffed animal that hangs in our walls or as fur coats people wear. Works Cited Jewett, Sarah Orne. (1886). A White Heron Houghton-Mifflin http://andromeda. rutgers. edu/~ehrlich/224/w_heron. htm
Friday, September 20, 2019
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 à £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 ââ¬Å"the proper touchstoneâ⬠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 ââ¬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.â⬠In AG Securities v Vaughan (1990), however, it was held that a licensee has ââ¬Å"no legal title which will permit him to exclude other personsâ⬠. 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 à £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 ââ¬Å"fifty thousand people who pay to see a football match do not obtain fifty thousand interests in the football ground.â⬠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 ââ¬Å"ascertain the true bargain between the partiesâ⬠. 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 ââ¬Å"keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes)â⬠. 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 ââ¬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.â⬠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 ââ¬Å"manifestly excessiveâ⬠. 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 ââ¬Å"leaseâ⬠and ââ¬Å"licenseâ⬠. 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)
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