Application for a Loan Essay Example for Free

Application for a Loan Essay Briar Forest University is the dream project of Mr. Gary Cooper, M. A. PhD, a permanent resident of Briar Forest and a budding educationist who wishes to set up a University at Briar Forest for the following reasons: 1. A full-fledged university is long overdue in Briar Forest; 2. There is a growing global market for a full-fledged university; 3. Mr. Cooper owns a sizable land free from any encumbrances and appropriate in size for a full-fledged university; 4. Mr. Cooper has U. S. $1. 00 million to invest for the project; 5. Mr. Cooper has a dream to set up a university with true global environment, which would produce a new breed of prejudice-free and enlightened individuals, who would reflect a well-comprehended approach and attitude towards life, and thus would lead the society from the front. 6. He has weighed every detail on the prospect of this proposed venture with an appropriate team; 7. He has found his dream aligns with reality. Thus, the salient features of the proposed project have been placed below, before concluding on an approbatory note. Guiding Theme Mr. Cooper, PhD, has already earned a name in the field of Eastern Philosophy. It was in his internship days, he was greatly moved by a particular saying of the great Indian Philosopher, Swami Vivekananda; Education is the manifestation of perfection, which is already in humans. Since then he started dreaming on setting up a university which will cater to the society with a new breed of enlightened individuals who would be free from all prejudices and reflect a well-comprehended approach and attitude towards life. Thus he has chosen the above-mentioned saying of Swami Vivekananda as the guiding theme of the project. USP of the Project: There is no full fledged university in Briar Forest, in spite of being one of the significant hubs of trade and commerce in the area, where a huge population of local youth has to pursue their education outside the area, while the young executives who seek an MBA degree, are found to be avoiding any resident jobs here, due to the absence of a university that offers MBA program. Add to that, the new tax policy of the government has provided a huge scope for the prospective foreign student from all across the globe. Thus, primarily the USP of this project lies in its proposed placement, i. e. , Briar Forest. Proposed Educational Programs The university intends to introduce three major segments, like Undergraduate, Post Graduate and Professional courses, with conventional streams and respective subjects under them, under the provisions of the Education Council. Phases of Expense The one-time expenses involve the construction of the campus with strategically placed buildings and boundary, office equipments, vehicles for conveyance, digital communication and security systems, water and sanitary systems, fire-fighting systems, environment protection systems and beautification of the campus. Out of these, the primary focus has been placed on the construction of the buildings. A basic plan towards that is thus placed below: Types of Buildings: a. Main Buildings: These would house the main academic activity and students accommodation with appropriate space for administrative segments and adequate openings to facilitate the anticipated proceedings. Keeping in tune with the survey on the anticipated number of students, the foundations of these buildings would be empowered with 6-story capacity, where the floor-height according to the norms would be kept around 15 meters. The recommended FAR (Floor Area Ratio) apropos the anticipated proceedings stands as 1:3. The architectural design chosen for the project owes more to the European Renaissance period to create the vintage aura of old academic institutions, b. Annexes Buildings: They would hold purely administrative offices with Senate halls for executive meetings. These buildings would be two storied, though their foundation would have the provision for future extension of two more stories. The recommended FAR here stands at 1:2. Proposed architecture for these buildings contains a mixture of post-modern and present European mould for exteriors and interiors respectively, so that the exteriors wouldnt stand in stark contrast of the main buildings in spite of the absence of the frills, while the interiors would facilitate the modern style of office system. c. Supplementary Buildings: Canteens, Cyber Cafe, Plant and car shades around enclosures, fire-fighting or server stations, staff-quarters, etc. belong to this segment. While the Canteen, staff quarters and cyber cafe would be two storied provisioned with two more stories, the rest would be single storied, all with recommendations of post-modern exterior and modern interior. Placement of Buildings The main buildings would be clustered in the middle with equal division of the annex buildings among them, together facilitating the central quadrangle easily approachable from any side. Phases of Project The proposed project has been divided into two phases: One, the Kick-off phase and two Final phase. The kick-off phase would comprise two main buildings, one for student accommodation and the other for academic activities. Both of them at present would be complete with just two floors. These two buildings would have one annex building at their side, with Canteen or security establishments. Final phase would start right after the commencement of sessions in the Kick-off phase. Estimated Cost The cost of Kick-off phase has been estimated at U. S. $2. 75 million with U. S. $. 75 million as the caution money to meet the exigencies. Recovery of Investment The campaign conduced by the appointed professionals to prepare a list of the prospective investors, had brought in the names of 125 such persons. Out of that, Mr. Cooper has been able to finalize the master list of 85 persons who finally have signed the Memorandum of Understanding (MoU) with Mr. Cooper, wherein they would provide a joint fund of U. S. $12 million, on the inaugural day of the Kick-off phase. This serves as the guarantee for the recovery of the loan from any bank. An independent body of trustees, who would clear the EMIs of the bank through an automated process, would handle the said fund. While it has been decided by the Board of Aids that the loaned amount would be paid through 60 EMIs, the targeted period of the Kick-off phase has been fixed as two years from the date of commencement of the project. This augurs the beginning of the academic sessions right from the third year of the project – which would also add money to the proposed joint funding of the 85 partners of the Final phase. On the other hand, the estimated cost of the Final phase along with a caution money in tune of 10% stands at 8.8 million – a realistic situation which further guarantees the recovery of the bank loan of U. S. $2. 00 million from the remaining U. S. $3. 2 million in the Final Phase fund. Degrees to be Offered As like any contemporary university working with the guidelines of National Education Council, this university would introduce its courses in alignment with that, which would include Arts, Humanities, Social Sciences, Physical Sciences, Technology and Management, along with other regular degrees in Biological, Medical and Veterinary Sciences. To cater the growing demand of MBA course, the university would introduce the same right from its Kick-off phase, which will later be followed by extended courses like Global Summer Schools, Executive Education, or the Entrepreneurship courses, once the other Final Phase is completed. Faculty Selection The board of governors would handpick the professors and other staff through a stringent guideline, aligned with the theme of the proposed university. Induction of the Guiding Theme With a view to create a new breed of enlightened individuals who would be free from all prejudices and reflect a well-comprehended approach and attitude towards life, there would be a parallel indirect education that would be imparted in this proposed university – which would imbibe the universally recognized Values and Ethics in the students and would made them both mentally and physically equipped to lead the world – which is the ultimate dream of Mr. Gary Cooper, the founder and director of this project. CONCLUSION Judging from all angles, the proposed project definitely looks like a risk-free, profiteering venture for all its prospective parties, mostly due to its unique financial planning. Alongside, this project would surely cater the long-standing need of the proposed region, besides the growing overseas demand for higher education. The location of this project surely serves its USP (Unique Selling Proposition), while the guiding theme of it will surely add a useful dimension to the main curricula.

The Reality of Rape Essays -- essays research papers

Running head: THE REALITY OF RAPE   Ã‚  Ã‚  Ã‚  Ã‚  Rape is a crime of violence and aggression that not only hurts a victim for the moment, but it shatters her entire life. According to the Britannica Encyclopedia, rape is defined as â€Å"any kind of unlawful sexual activity, usually sexual intercourse, carried out forcibly or under threat of injury and against the will of the victim.† This definition has been redefined to cover same-sex attacks and attacks against those who are incapable of valid consent, including persons who are mentally ill, intoxicated, drugged, etc. (rape). Because rape crimes affect all races, cultures, ages, and economical classes, it is difficult to create concrete research on the topic because of the variances. Society in the United States by no means condones rape, but it does expect it. The theories of rape are all different but the crime is always the same, a violation of one’s self through a sexual act. There are many different types of rape including date rape, statutory rape, gang rape, and acquaintance rape. Though there are more than a handful of different names to view rape, all of the names have one thing in common: a victim. The frightening reality is that all of the rape studies that have been done show that the perpetrator is usually someone that the victim knows and/or trusts; during the dating years, seventy to ninety percent of rapes are acquaintance or date rapes (Mackey). Even more terrifying is that only one-third of rapes are reported to law enforcement officials (Buddie & Miller). Victims are most likely afraid that by going through with the process of pressing charges on his/her perpetrator that they, in turn, will be blamed using one or more of the ridiculous rape myths, by society. The reality of rape is a startling combination of ignorance relating to rape myths, lack of reportings and convictions, severe post-traumatic feelings of the attack, and theories of ra pe, both psychological and sociological.   Ã‚  Ã‚  Ã‚  Ã‚  Rape is such a difficult crime to prove because it usually comes down to the victim’s word against the perpetrator’s word. In the United States, anyone who is charged with a crime is innocent until they are proven guilty beyond a reasonable doubt. In order to prove that the crime did indeed happen, a victim is usually humiliated and she is forced to re-live the h... ...d be convicted and sent to prison. REFERENCES Buddie, Amy, & Miller, Arthur (2001). Beyond rape myths: a more complex view of perceptions of rape victims – 1. Sex Roles: A Journal of Research. Retrieved from the World Wide Web November 18, 2004: http://www.findarticles.com/p/articles/mi_M2294/is_2001_August/ai_82782443 Mackey, Frank Misogynist. Cultural rape myths. Survivors Emerging. Retrieved November 18, 2004 from the World Wide Web: http://people.morehead-st.edu/students/ar/aeruck01/culturalrapemyths.html rape Britannica Concise Encyclopedia. Retrieved November 19, 2004 from Encyclopedia Britannica Premium Service: http://www.britannica.com/ebc/article?tocld=9376486 Rennison, Callie Marie. (2002). Rape and sexual assault: reporting to police and medical attention, 1992-2000 (United States Department of Justice, Bureau of Justice Statistics No. NCJ-194530). Washington DC: U.S. Government Printing Office. Retzinger, Suzanne, & Scheff, Thomas. (1997). Shame, anger, and the social bond: A theory of sexual offenders and treatment. Electonic Journal of Sociology. Thio, Alex. (2004). Deviant Behavior (7th ed.). Boston: Pearson Education, Inc.

Economic, Social And Political Economy Essay

Introduction In 1920, the independent kingdom of Korea was forcibly annexed to Japan, it lasted until the end of the second World War. After World War II, the United States (US) decided to occupy the southern half of Korea to prevent the Union of Soviet Socialist Republics (USSR) from taking control of the entire peninsula. USSR was helping North Korea’s fight against the Japanese forces. The US divided Korea at the 38th parallel to keep Seoul within the American-occupied area. USSR did not oppose the division. (Korean War, 2006) Both the USSR and the United States started to organize the governments in their half of Korea. When they did so, the political factions that used to be united against Japan started to emerge again. These factions represent the left-wing and right-wing views. The left-wing wanted an overhaul of Korea’s land ownership laws, which unduly favored rich landowners. And the right wing vehemently refused the reform. (Korean War, 2006) From 1945 to1948, the US suppressed the widespread leftist movement and backed Syngman Rhee. Rhee had lived for decades in the United States and has a solid anti-Communist credentials. He was also popular with the right. (Korean War, 2006) The USSR, on the other hand, supported the left and Kim Il Sung. Kim II Sung received support from North Koreans and China. Kim fought with Chinese Communist forces against the Japanese in Manchuria in the 1930s. Kim forced a radical redistribution of land when he first came into power. By the end of 1946 the regimes of both North and South Korea were in place. The division of Korea was formalized until 1948. The South established the Republic of Korea while the North established the People’s Republic of Korea.   (Korean War, 2006) The regime was barely in placed South Korea when it had to contend with a rebellion in the south from the left-wing, particularly in its southernmost province. North Korea supported the rebellion. It was South Korea that first provoked North Korea into a war, but and Kim II Sung was willing to fight the war, too, with the help of USSR and China. In 1949, fighting in the 38th parallel broke out between the North and the South. In 1950, the army of North Korea crossed the dividing line. The Korean War reached its height from 1950 to 1953. In 1953, a cease fire agreement was signed. It ended the fighting but the Korean peninsula remained divided. (Korean War, 2006) The Korean War was considered as one of the most destructive of the 20th century. There was an estimated death of 2.4 to 4 million Korean, mostly civilians. The other countries who supporter either side also experienced casualties. China, who supported the North, lost almost 1 million soldiers. The US, who sided with the South, lost a little more than 36 thousands. The economic and social damage to the Korea Peninsula was incalculable. In the North Korea, the three years of bombing destroyed most of the modern buildings. (Korean War, 2006) Because of the Korean War, the US and Japanese economy received a much needed boost after World War II.   Japan became the source of materials for the war. Meanwhile, defense spending in the US nearly quadrupled in the last half of 1950. (Korean War, 2006) The North Korean Economy after the War   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Because North Korea endured 3 years of US bombing, a new capital had to be rebuilt after the war in North Korea. By 1960, the discipline and forced-labor policies of the Kim II Sung’s regime resulted in recovery and development. The general standard of living of the people remained low.   There was an emphasis to heavy industrial growth but not production of economic goods. (North Korea, 2006) In 1995, there was a nationwide food crisis. In 1996, it became a widespread famine. USSR and China withdrawal of its food subsidies, the government’s agricultural policies, and a series of floods and droughts are factors that contributed to the food crisis. International humanitarian relief agencies provided food aid and other relief efforts. In 1998, an estimated 1 million people had died of starvation and famine-related illnesses. The food crisis continued into the early 2000s. (North Korea, 2006)   The Juche Idea Juche is the official state ideology of North Korea. It is also the basis for its political system. Juche literally means â€Å"main body† or â€Å"subject†. In North Korean sources, it had been translated as â€Å"independent stand† and the â€Å"spirit of self-reliance†. The core principle of the Juche ideology has been that â€Å"man is the master of everything and decides everything†. (Juche, 2006, para. 1) It was Kim Il-sung which advanced Juche as a slogan in speech titled â€Å"On Eliminating Dogmatism and Formalism and Establishing Juche in Ideological Work†. It was made in rejection of the policy of de-Stalinization in the Soviet Union. It became a systematic ideological doctrine in the 1960s. Kim Il-sung outlined the three fundamental principles which are as follows: (1) independence in politics, (2) self-sustenance in the economy, and (3) self-defense in national defense. (Juche, 2006, para. 2) In 1982, Kim Jong-il authored a document titled â€Å"On the Juche Idea†. An article in Wikipedia said: According to Kim Jong-il’s On the Juche Idea, the application of Juche in state policy entails the following: 1) The people must have independence (chajusong) in thought and politics, economic self-sufficiency, and self-reliance in defense; 2) Policy must reflect the will and aspirations of the masses and employ them fully in revolution and construction; 3) Methods of revolution and construction must be suitable to the situation of the country; and 4) The most important work of revolution and construction is molding people ideologically as communists and mobilizing them to constructive action. (Juche, 2006, para. 3) One of the first application of the Juche idea in North Korea was the Five-Year Plan known as the Chollima Movement. The Five-Year Plan involved rapid economic development, with a focus on heavy industry. This is to ensure independence from the USSR and China. (Juche, 2006, para. 4) But the reality of the Juche Idea is its economic program of â€Å"self-reliance† has resulted in economic dependence. North Korea has been an aid-dependent regime. From 1953 to1976 it depended considerably on Soviet industrial aid. The USSR remained North Korea’s greatest economic benefactor until its 1991 collapse. It experienced a food crisis in the early part of its regime which later developed in to a famine. It has accepted aid from China, South Korea and the international community. In 2005, the country was the second largest recipient of international food aid. In 1998, Juche made pragmatic adaptations to capitalism. (Juche, 2006, para. 5) The state ideology has been an alternative to traditional religion. Juche have incorporated religious ideas into the state ideology. Juche is considered the largest political religion in North Korea. Practice of all other religions is overseen and subject to heavy surveillance by the state. (Juche, 2006, para. 6) Improving Relationship with the South After the Korean War, North Korea developed a hard stance against the South. In the 1960’s, an assassination team nearly succeeded in killing Park Chung Hee, the South Korean president at that time. In 1968, North Korean gun boats seized a US intelligence gathering vessel and subjected its crew to extreme circumstances for a year. In 1969, a US reconnaissance plane was shot down. There were guerrilla raids launched against the South. These attacks made the South even more dedicated in renewing their defense measures and influenced the formation of a harder political order in South Korea. (North Korea, 2006) Through the 1970s and 1980’s, there were efforts to affect the unification of the North and South Korea, but these efforts failed. In June 2000, the leaders of North and South Korea, agreed to promote reconciliation and economic cooperation between the two countries. This was the first face-to-face meeting between the leaders of the two countries since the country was divided. (North Korea, 2006) The meeting of the leaders of these two countries led to the first cross-border visits of family members separated since the Korean War which was officially authorized by both states. The agreement also led to many favorable consequences for both countries. Trade and investment increase. There was a more relaxed military tension. It also partially reopened road and rail links severed by the Korean War. There was also a start of mail service between the two countries. (North Korea, 2006) During the opening ceremonies of the 2000 Summer Olympic Games in Sydney, Australia, the athletes from North Korea and South Korea paraded together under one flag, the neutral flag of the Korea Peninsula. But the athletes still competed separately in the different events. (North Korea, 2006) In October of 2000, Kim Dae Jung was awarded the Nobel Peace Prize for his efforts to bring about reconciliation between the two countries. (North Korea, 2006) South Korea, together with China, is instrumental in bringing almost 1 billion dollars in aid and investment to North Korea. South Korea’s help prevent the collapse of the North Korean economy (Fajola & Fan, 2006). However, recent political developments may trigger old hostilities in the region. The insistence of North Korea to develop and test nuclear weapons may bring war in Northeast Asia again (Fajola & Fan, 2006). South Korea, despite its own pressing need, offered to supply North Korea energy if it would cease the production of nuclear weapons (David 2006). There is still no news whether North Korea has accepted its offer. Politics and International Relations Before the Korean War, The Workers’ Party of Korea was established. Kim Il Sung emerged as the leader of North Korea. He enjoyed the military support of the USSR until the soviet troops withdrew in 1948. Under the Workers’ Party leadership, political and economic changes had been made. The egalitarian land reforms were enforced. There was a radical redistribution of land from the land owners to laborer and tenant farmers. The landless labor and tenant farmers supported these reforms. Because of these reforms, there was massive confiscation of land and wealth from the Japanese or to enemies of the regime. Aside from the reforms, there was also party-directed economic planning and development. (North Korea 2006) Kim II Sung fought against the Japanese and, in 1949, welcome the war against South Korea. When North Korean forces crossed the dividing line to the South, the US joined the fighting with the approval of the UN. There was also a small contingent from Great Britain, Canada, Australia, and Turkey to help with the Americans. USSR, an ally of North Korea refused to vote during the deliberations in the UN. In October 1950, China supported North Korea in the War. When cease fire was finally agreed upon, thousands of lives where lost on both sides. Millions worth of infrastructure were also destroyed, particularly in the North which experienced massive bombing operations from the US. (North Korea 2006). In the political front, North Korean leadership began to veer away from USSR influenced. The intensifying conflict between China and the USSR, allowed North Korea even more independent action. (North Korea, 2006) North Korea actions after the Korean War seemed to be geared towards building of nuclear might. When both North and South Korea joined the UN in 1991, they signed agreements regarding nuclear and conventional arms control and reconciliation. In 1992, North Korea signed an agreement allowing the International Atomic Energy Agency (IAEA) to inspect the country’s nuclear facilities. In 1993 the North Korean government refused the inspection of nuclear waste sites which is believed to contain undeclared nuclear material for nuclear weapons. This resistance continued until the first half of 1994. (North Korea, 2006) South Korea suspended its formal acceptance of the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) which it signed in 1985. In 1993, the U.S. Central Intelligence Agency (CIA) suspected North Korea of building at least one atomic weapon from plutonium extracted from fuel rods at a nuclear power plant. (North Korea, 2006) In 1994, the US and North Korea reached an agreement called Agreed Framework. In this agreement, North Korea will suspend the operation of designated nuclear facilities capable of producing and reprocessing weapons-grade plutonium and allow IAEA inspectors to verify the suspension. The agreement called for annual deliveries of heavy fuel oil to North Korea. The U.S. agreed to take steps to end economic sanctions against North Korea, sanctions in placed since the Korean War. (North Korea, 2006) The 1994 Agreed Framework is also a step towards normal diplomatic relations between the US and North Korea. North Korea agreed to suspend operation of the nuclear facilities in return for two new reactors that will be built by US, South Korea and Japan. In 1995, the construction of the two reactors started. In 2002, US abrogated the agreement. It charged North Korea of violating the agreement by initiating a secret weapons-grade uranium-enrichment program. North Korea denied that it had such a program. Because the US abrogated in 2002, North Korea resumed plutonium production. In February 2005, it issued a statement that it was now a â€Å"nuclear weapons state.† (North Korea, 2006) While relations between the two Koreas are improving, the relations between the US and North Korea became even more strained because of the issue of nuclear weapons. The US had placed North Korea on a list of countries supporting terrorism and had characterized North Korea as being part of an â€Å"axis of evil†. China attempted to act as a mediator between North Korea and the US, but the US refused to meet in one-on-one negotiations. To compromise, China fashioned a series of negotiations which would take place among China, Japan, Russia, North Korea, South Korea, and the US. The talks were held in Beijing, China. (North Korea, 2006) Without reaching an agreement, the six-party talks recessed in early August 2005. When the talks resumed in September 2005, North Korea pledged to abandon all nuclear weapons and programs in exchange for economic aid and security guarantees. The talks stalled. Early of July 2006 North Korea launched seven test missiles, including a long-range Taepodong-2 missile, which fell into the Sea of Japan. Even if the test were considered successful, these raised tensions in the area. Concerned international community, through the UN Security Council, called for economic sanctions against North Korea. (North Korea, 2006) The 2006 Nuclear Testing Analysts are saying that North Korea’s gaining bragging rights as a nuclear power may have political and economic fallout. Many fears that the nuclear tests being done by North Korea can trigger instability in Northeast Asia. China, which had been a supporter of North Korea, is reconsidering its support for the Kim Jong II. China, with the help of South Korea, had given billions of dollars in aid and investment to North Korea. Both countries helped prevent the collapse of the economy for fear that such will send refugees pouring into their own borders. An Asia Times Online writer said that South Korea offered to supply North Korea’s energy needs if the latter will abandon its nuclear arms. China’s foreign minister, Li Zhaoxing expressed the Chinese government opposition to the nuclear test. (Fajola and Fan, 2006) Because of the tests, South Korea stopped the delivery of emergency assistance to help the North deal with recent floods. President Roh Moo Hyun said, â€Å"The South Korean government at this point cannot continue to say that this engagement policy [sunshine policy] is effective. Ultimately, it is not something we should give up on, but objectively speaking, the situation has changed. Being patient and accepting whatever North Korea does is no longer acceptable,† (qtd. in Fajola and Fan, 2006, para. 7). Analysts say that the shift in position of China or South Korea is partly based on the possible reaction of Japan, the nation most threatened by North Korea’s ballistic missiles. A nuclear-armed North Korea could lead Japan arm itself more aggressively. A U.S. congressional report may lead Japan, South Korea and Taiwan to develop their own nuclear weapons. It would start an arms race in the region and feed regional disputes. (Fajola and Fan, 2006) Japan has already said that it would impose harder measures against North Korea. The measures can include a ban on the remittances sent home by North Koreans working in Japan. (Fajola and Fan, 2006) Another motivation for China’s position is its failed attempt to mediate between US and North Korea in the series of negotiations in Beijing. To save face and to meet international pressure, China may impose tougher economic sanctions and reduce aid to North Korea to force the latter to stop production and testing of its missiles. (Fajola and Fan, 2006) Seung Joo Baek, an analyst from the Seoul-based Korea Institute for Defense Analyses also said: North Korea’s message is that no matter how hard South Korea, Japan, the United States gang up on them, they won’t budge. They want to be recognized as a nuclear power. They are assuming that it is the only thing that will keep them safe. We will have to wait and see if they are right. â€Å"(qtd. in Fajola & Fan, 2006, conclusion)       References    Korean War. (2006). In Encyclopà ¦dia Britannica. Retrieved November  30,  2006, from Encyclopà ¦dia Britannica Online: http://www.britannica.com/eb/article-9046072. Korean War (2006). In Microsoft ® Encarta ® Online Encyclopedia 2006. Retrieved November  30,  2006 from http://encarta.msn.com. North Korea (2006). In Microsoft ® Encarta ® Online Encyclopedia 2006. Retrieved November  30,  2006 from http://encarta.msn.com. Nguyen, D. â€Å"South Korea Enters the Great Game.† May 13, 2006.   Retrieved November  30,  2006 from http://www.atimes.com/atimes/Korea/HJ10Dg02.html. Juche (2006). In Wikipedia 2006. Retrieved November  30,  2006 from http://en.wikipedia.org/wiki/Juche Fajola, A. & Fan M. â€Å"North Korea’s Political and Economic Gamble.† October 10, 2006. Retrieved November  30,  2006 from http://www.washingtonpost.com/wp-dyn/content/article/2006/10/08/AR2006100801169_2.html   

Street v Mountford - Free Essay Example

Sample details Pages: 6 Words: 1942 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Did you like this example? â€Å"The right to occupy land in return for payment is consistent with the grant of a lease or a contractual licence, however, the consequences of the two alternatives are very different†(1) The reason for this difference is because under the Land Registration Act 1925, only a lease is a legal interest in land and is capable of registration. This affords the lessee a substantial number of rights including the ability to assign the interest. In contrast, a licence is essentially merely a personal right and can be revoked by a licensor much more easily than determining a lease. Don’t waste time! Our writers will create an original "Street v Mountford" essay for you Create order Licensees are also not protected by the Rent Act 1977 and this means that lessees have a much more secure security of tenure. It is essential to establish the courts interpretation as to whether a lease or a licence has been granted as it can avoid potential costly disputes in the future. Law prior to Street v Mountford In the case of Lynes v Snaith [1989] 1 QB 486 that courts decided that the fact that the defendant had exclusive possession of the property concerned, was indicative of the presence of a lease and not merely a licence. The case of Facchini a Bryson [1952] 1 T.L.R. 1386 restated this position and held that, â€Å"provided the other essential characteristics of a lease were present, the grant of exclusive possession determined conclusively that the occupier was a tenant.† (2) This remained the legal position pertaining to leases until the mid-Nineteenth century, when the courts proceeded down a different route. There were a series of legislative changes in the mid 1970’s that resulted in the position of lessees being much strengthened in comparison to their licensee counterparts. As a result landlords, devised a method of bypassing the legislation by ensuring that they only granted licensees over their property. Landlords created a device called a â€Å"non-exclusive occupation agreement† to avoid providing there tenants with the increased protection of the new legislation. These agreements essentially were a statement by the tenant that they were not entitled to exclusive possession of the property concerned and they agreed to share the property with any persons whom the landlord decided to place there. Surprisingly, the courts upheld one of these agreements in the case of Somma v Hazlehurst and Savelli [1978] 1 WLR 1014. It was stated in the judgment of this case by Cumming-Bruce L. J. that, â€Å"We can see no reason why an ordinary landlord†¦should not be able to grant a licence to occupy an ordinary house. If that is what both he and the licensee intended and if they can frame any written agreement in such a way as to demonstrate that it is not really an agreement for a lease†¦Ã¢â‚¬ (3) Principles Established In the case of Street v Mountford (1985) A. C. 809, it was established that the deciding factor in determining whether a lease or a licence was created was the circumstances underlying the agreement and not either the content of the agreement itself or the intention of the parties concerned. Lord Templeman commented in his judgment that, â€Å"where the only circumstances are that residential accommodation is offered with exclusive possession for a term at a rent, the result is a tenancy†. (4) Three hallmarks of a lease were enunciated in this case and they were as previously mentioned: exclusive possession of the property, for a fixed or periodic time and at a rent. If these conditions were present, regardless of the content of the agreement between parties, the result was a tenancy. However, the presence of exclusive possession in the arrangement will be the deciding factor. This is the essential characteristic to determine whether a tenancy has been granted. The substance of the transaction as a whole must be examined to uncover if the occupier concerned has an actual right to exclusive possession. Assuming the occupier has exclusive possession, he will be presumed to be a tenant in the absence of any factors to the contrary. The most important thing to take from the Templeman judgment is that â€Å"†¦the test (used to establish whether a lease or a licence existed) was one of fact not form†(5) It should be borne in mind that this case did not completely sideline the parties’ intention when they entered into the transaction. â€Å"The intention of the parties is important in deciding whether or not they intended to enter into legal relations, or whether the transaction was a mere family arrangement or an act of frie ndship or generosity. This distinction as raised in Facchini v Bryson [1952] 1 TLR 1386 is still equally applicable to modern agreements, as it is one of the fundamental requirements of contract law and without it, no contract can exist. How law has developed subsequently There has been a large number of important cases in this area, that have clarified the legal position as regards to the distinction between leases and licences as expressed in Street v Mountford. The payment of rent has been held to not be an essential characteristic of a valid enforceable lease. Since common law and the definition of a lease in the Law of Property Act 1925, does not state that a lease has to be for a particular rent, it follows that this should not be held as an essential component, that could prevent an arrangement being defined as a tenancy. This approach was demonstrated by the case of Ashburn Anstalt v Arnold [1989] Ch 1. In this situation the courts decided that an agreement involving a business occupying a premises rent-free but paying outgoings was a lease and not a licence. Another matter to be considered in this case was that of uncertainty of duration. Fox LJ stated in his judgment that the arrangement, â€Å"could be brought to an end by both parties in circumstances which are free form uncertainty, in relation to the duration of a term that the parties do not know where they stand. Put another way, the court does not know what to enforce. That is not the position here.†(6) Another interesting case is Stribling v Wickham [1989] 211 HLR 381. In this situation there were several factors the court took into consideration when deciding that the arrangement was a licence and not a lease. The most influential factor, was that the three occupants were each individually responsible for the payment of their proportion of the rent. The other consideration the court reviewed was how the occupation of the residents was terminable. The fact that the landlord, or a ny one of the residents was able to end the occupation, by giving the other party twenty-eight days notice was viewed as significant to the outcome of the case. The case of Ogwr BC v Dykes [1989] 1 WLR 295 has demonstrated that in certain situations exclusive possession is not sufficient to create a tenancy. In this situation, the occupiers had in fact been granted exclusive possession of the property, however it was granted this by the local authority, pursuant to their statutory duties. It was held that the statutory duty under which the local authority was operating was sufficient to rebut the presumption that a tenancy had been created. The situation relating to a multiple occupancy agreement was looked at by the courts in AG Securities v Vaughan [1990] 1 AC 417. This case involved a landlord who had granted four people, four separate agreements to occupy a property, which he owned. The result would be, they collectively would have exclusive use of the property. The court decided that the four agreements were independent of one another and that the right of exclusive occupation was not conferred on any one person. Situations of this kind can generate complex legal issues and determining the issue of exclusive possession is more difficult in arrangements of this kind. â€Å"In the context of multiple or shared occupation, legal characterisation of the arrangement is not a simple choice between licence and tenancy: the occupiers may be licensees; they may be joint tenants of the whole property; or they may be parallel tenants, each occupier having a tenancy of a separate part of the property.†(7) The courts held in Westminster City Council v Clarke [1992] 2 AC 288 that in situations where a local authority is under an obligation to provide support for a particular individual, the treatment of the arrangement needs to be viewed in light of these obligations. In this case the court was not prepared to infer that a lease had been created in favo ur of the defendant, because of his homeless background and the fact that the local authority had provided him with exclusive possession of the property out of a statutory obligation. A similar situation existed in the case of Camden LBC v Shortlife Community Housing Ltd [1992] 90 LRG 358 and the result was also the same in this case. In Gray v Taylor [1998] 1 WLR 1093 the Court of Appeal held that in a situation involving a almshouse, despite the fact that exclusive possession had been granted, no tenancy had been created. It was held in Mikeover Limited v Brady [1989] 3 ALL ER 618, that â€Å"two identical agreements which conferred on the occupiers the joint right of exclusive occupation did not create a joint tenancy because the obligation of each licensee to pay part only of the rent was genuinely intended to be entirely independent of the obligation of the other licensee†(8) This case shows the courts reluctance in certain situations to infer a tenancy unless it is c learly apparent that one exists when all the circumstances of the agreement are analysed. The one factor that has been confirmed throughout the last twenty years, is the necessity of exclusive possession for a lease to come into existence. The case of Dellneed Ltd v Chin [1986] 53 172 is just one example of the courts upholding this defining principle. Conclusion The law surrounding the differentiation between leases and licences has been in a constant state of flux for the past hundred years, but there does now seem to be broad agreement as to precisely what will constitute a lease and what will not. The effect of the Rent Act 1977 and various amending legislation, on persons involved in residential arrangements for accommodation has been markedly reduced since the introduction of the Assured Tenancy and the Assured Shorthold Tenancy by the Housing Act 1988. This has had the effect of reducing the previously strong rights of tenants, especially involving security of tenure . There are however many tenancies that were created prior to the Housing Act 1988 and those will still be afforded the protection of the previous legislation. The effect of the current legal stance on the difference between the creation of leases and licences is still of great importance to businesses and it is an area that has been constantly litigated over since the Templeman judgment. Footnotes Land Law: Text and Materials (2nd Edition) – Nigel P. Gravells (Sweet and Maxwell, 1999) p361 Land Law: Text and Materials (2nd Edition) – Nigel P. Gravells (Sweet and Maxwell, 1999) p363 Somma v Hazlehurst and Savelli [1978] 1 WLR 1014 at 1024-25 Street v Mountford [1985] AC 809 at 426 Megarry and Wade – The Law of Real Property (7th Edition) – Charles Harpum, Stuart Bridge and Martin Dixon (Sweet and Maxwell, 2008) p737 Ashburn Anstalt v Arnold [1989] Ch 1 at 716 Land Law: Text and Materials (2nd Edition) – Nigel P. Gravells (Sweet and Maxwell, 1999) p385 Land Law: Text and Materials (2nd Edition) – Nigel P. Gravells (Sweet and Maxwell, 1999) p385 Bibliography Cheshire and Burn’s Modern Law of Real Property (17th Edition) – E. H. Burn and J. Cartright (Oxford University Press, 2006) Megarry and Wade – The Law of Real Property (7th Edition) – Charles Harpum, Stuart Bridge and Martin Dixon (Sweet and Maxwell, 2008) Land Law: Text and Materials (2nd Edition) – Nigel P. Gravells (Sweet and Maxwell, 1999) Landlord and Tenant (3rd Edition) – Mark Pawlowski and James Brown (Oxford University Press, 2005) www.lexisnexis.co.uk www.lawtel.co.uk