Property Law and Express Trust Essay Example | Topics and Well Written Essays - 1000 words

Property Law and Express Trust - Essay Example An occupier under license has no right to remain in the property and can be removed very quickly. Here it is to be noted that the main characteristics which differentiate an agreement as lease or license are exclusive possession of the property, period of occupancy and time span of serving notices. In Radaich v Smith(1), it was decided that exclusive possession provides 'the proper touchstone' of a lease or tenancy, asserting that anything which negated an occupier's right to exclusive possession, meant no lease existed, simply a license. The aspect of "exclusive possession of the property was explained in the recent and famous case Street Vs Mount ford (2) as" the crucial determinant of whether a lease or license exists is whether or not the person has been granted exclusive possession of premises. " In the given case, Botolphs investments gave Micawber the only the right to use the ground unit or room of the building for certain purposes, not the exclusive possession of whole building. Here, the provisions in the agreement do not confer any exclusive possession of room on Micawber. If the agreement is lease, Micawber entitled to have possession of whole building. Moreover there can be a question arises regarding the time period of occupancy. ... A license gives someone access to and the use of whatever rooms (or equipment) the owner gives them license to use, but does not give a right to use that space exclusively. An occupier under license has no right to remain in the property and can be removed very quickly. 2Here it is to be noted that the main characteristics which differentiate an agreement as lease or license are exclusive possession of the property, period of occupancy and time span of serving notices.In Radaich v Smith(1), it was decided that exclusive possession provides 'the proper touchstone' of a lease or tenancy, asserting that anything which negated an occupier's right to exclusive possession, meant no lease existed, simply a license. The aspect of "exclusive possession of the property was explained in the recent and famous case Street Vs Mount ford (2) as" the crucial determinant of whether a lease or license exists is whether or not the person has been granted exclusive possession of premises. " In the given case, Botolphs investments gave Micawber the only the right to use the ground unit or room of the building for certain purposes, not the exclusive possession of whole building. Here, the provisions in the agreement do not confer any exclusive possession of room on Micawber. If the agreement is lease, Micawber entitled to have possession of whole building.Moreover there can be a question arises regarding the time period of occupancy. Here Micawber occupied the unit in November 2002, and the occupancy will be determined as per the notice on October 2007. But

Discussion prompt Essay Example | Topics and Well Written Essays - 500 words - 1

Discussion prompt - Essay Example When I previously thought of Vodou, of course the dolls came into my mind first. I thought of practitioners of Vodou were like witch doctors. I thought of it more as a witchcraft type of religion. I can presume that my opinion of this religion was based only on what I had learned from the media, primarily in movies. I had stereotyped the religion and thought of it as a practice with male hierarchy who worked in the Bayou in Louisiana. That is simply not the case with Mama Lola as a priestess of Vodou. She is everything that is good and is very welcoming to the people who need help. Mama Lola is actually one of the most well-known priestesses in Vodou. She learns from the spirit what people’s problems are. Anyone can come to her regardless of their own religion, status, class, ethnicity or some other classification. She teaches more about Vodou to others and she is strong in her belief system. She simply wants to help others based on what she has learned from the philosophies of the religion of Vodou and the worship of the spirits. Much of Vodou is practiced through various traditions such as songs and chants. It is not through the use of Vodou dolls. Mama Lola introduces the humanism and spiritualism that are intertwined within the practice of her religion. Any theology about Vodou that I previously assumed was void. Her religion is a lifestyle and it her entire life encompasses the belief. Vodou actually encompasses more than what meets the eye as well. As long as she has a faith in what she is doing and is able to practice and help others, she is doing what she truly believes she was put on this earth to do. That is what I believe religion actually is now. I think it is finding a way to discover a meaning to life and making it count for something. We may never know our purpose here on earth but through religion, we can look at the bigger picture. No one way could be the right way but as long as we have some