Definition and Examples of a Writers Notebook

Dostoevskys Crime and Punishment Quotes and Analysis

Russian author Fyodor Dostoevskys Crime and Punishment was originally published in 1866 as a series of monthly installments in the literary journal The Russian Messenger, but has since gone on to become one of the most influential works of literature of its time, riddled with numerous quotes ranging from a poor mans murderous thoughts to the guilt felt in the aftermath of a crime. The story focuses on Rodion Raskolnikovs moral dilemmas and mental suffering after he formulates and successfully plots to kill a pawnbroker to take her money, arguing that with the money he takes from her he can do good that would offset the crime he committed in murdering her. Like Frederich Nietzsches Ubermensch theory, Dostoevsky argues through his character that some people even have the right to perform such vigilante actions as murdering an unscrupulous pawnbroker for the greater good, arguing multiple times that murder is okay if done in the pursuit of the greater good.​ Quotes About Pity and Punishment With a title like Crime and Punishment one can correctly assume that Dostoevskys most famous work is riddled with quotations about the idea of punishment, but it can also be said that the author implored his punishers to have pity on the guilty and suffering the narrator must endure for committing his crime.   Why am I to be pitied, you say, Dostoevsky writes in Chapter Two, Yes! Theres nothing to pity me for! I ought to be crucified, crucified on a cross, not pitied! Crucify me, oh judge, crucify me but pity me? This question lends to the idea that there should be no pity given to the guilty — that it is not for a judge to pity the felon but to punish him appropriately — in this case, the speaker argues by crucifixion. But punishment does not only come in the form of a judge reaching a verdict and sentence for a criminal, it also comes in the form of a guilty conscience, wherein the morality of the criminal himself is pitted as the ultimate punishment. In Chapter 19 Dostoevsky writes, If he has a conscience he will suffer for his mistake; that will be  punishment — as  well as the prison. The only escape from this personal punishment, then, is to ask forgiveness of mankind and of God. As Dostoevsky writes at the end of the 30th chapter, Go at once, this very minute, stand at the cross-roads, bow down, first kiss the earth which you have defiled, and then bow down to all the world and say to all men aloud, I am a murderer! Then God will send you life again. Will you go, will you go? Quotes on Committing Crime and Acting on Impulses The act of committing murder, of taking another persons life, is discussed multiple times throughout the text, each time with the implication that the speaker cannot believe he is about to commit such a heinous act. From the very first chapter, Dostoevsky makes this point clear as a contention element of the protagonists life, writing Why am I going there now? Am I capable of that? Is that serious? It is not serious at all. Its simply a fantasy to amuse myself; a plaything! Yes, maybe it is a plaything. This is almost a justification for the speaker to act later on impulse, an excuse to give into his carnal desires, painting murder as a mere plaything. He argues this concept again, coming to terms with the reality of committing murder, in chapter five wherein he says can it be, can it be, that I shall really take an axe, that I shall strike her on the head, split her skull open...that I shall tread in the sticky warm blood, blood...with the axe...Good God, can it be?   Would the crime be worth the moral implications, or the known punishment for such an act? Would it defy the very idea of living a good life itself? Dostoevsky also answers these questions through a variety of quotes in the book Quotes on Life and the Will to Live Especially given the idea of committing the ultimate crime of taking someone elses life, the ideas of the will to live and living a good life come into play many times throughout Crime and Punishment. Even as early as chapter two, Dostoevsky discusses the possibility that mankind may have its ideals of a good life skewed, or at least that mankind is in and of itself skewed from a good reality. In Chapter Two, Dostoevsky writes What if man is not really a scoundrel, man in general, I mean, the whole race of mankind — then all the rest is prejudice, simply artificial terrors and there are no barriers and its all as it should be. However, in Chapter 13, when faced with the idea of being punished by being put to death, Dostoevsky visits an old adage of waiting for death for eternity being better than actually dying in a moment to observe the reality of a persons will to live: Where is it Ive read that someone condemned to death says or think, an hour before his death, that if he had to live on some high rock, on such a narrow ledge that hed only room to stand, and the ocean, everlasting darkness, everlasting solitude, everlasting tempest around him, if he had to remain standing on a square yard of space all his life, a thousand years, eternity, it were better to live so than to die at once! Only to live, to live and live! Life, whatever it may be! In the Epilogue too, Dostoevsky speaks of this hope, mans never-ceasing desire to continue breathing for at least one more day, saying of the two characters that they were both pale and thin; but those sick pale faces were bright with the dawn of a new future, of a full resurrection into a new life. They were renewed by love; the heart of each held infinite sources of life for the heart of the other.

The Harsh Reality of Racism Free Essays

Black Boy, a novel by Richard Wright, is a heart-wrenching story about the harsh reality of racism, prejudice, and hostility that are revealed through the struggles of one young black boy. The young black boy is desperately trying to understand the cruel and negative world he is living in. This young black boy is on a mission to be educated and be successful. We will write a custom essay sample on The Harsh Reality of Racism or any similar topic only for you Order Now Richard Wright is determined to succeed in life. Richard’s success is based on his determination and drive to overcome obstacles that he would face on a day to day basis in all aspects of his life. Richard was growing up in a time period that was both discouraging and hostile to blacks attempting to obtain an education and become successful. Through all of his hardships and obstacles, Richard continued to have a positive outlook on life. A positive outlook kept Richard focused on his dream to leave the south and eventually be free from all racial and prejudice matters. During the early twentieth century, racial issues, along with very strong prejudice feelings ran throughout the south. The Jim Crow laws separated the blacks from the whites and led the blacks to believe they were not important. Seating arrangements on busses, drinking from different water fountains, and even the arrogance of not being allowed to eat at counters in public restaurants were examples of some of these laws. Therefore, very little emphasis was placed on the education and success of a young black boy. In order for Wright to be successful, he had to pursue an education and overlook the strong prejudiced feelings he was faced with. These were hard times for blacks, but he worked hard to overcome his obstacles and reach for what he believed in. He did this during a time when there was no desire to see a colored person overcome the chances and be successful. Richard Wright’s determination to succeed, and to overcome the social forces fighting against him was facet of southern culture that was familiar to all who lived, or even passed through the South during this time. The races showed no initiative of coming into contact with one another. However, there was a fear among them. Although he had fear, his curiosity about the races was not eliminated. For example, Richard once ventured into a white neighborhood attempting to sell his dog for money to buy food. On that day, he saw a glimpse of a world he had never seen before. Wright saw things such as I tucked her under my arm and went for the first time alone into a white neighborhood where there were wide clean streets and big white houses. Finally a young white woman came to the door and smiled. I waited on the porch, marveling at the cleanliness, the quietness of the white world. (69) Richard now understood that whites lived so much better and he wondered why he and his brother had spent so many days doubled over in pain from the hunger they had come to know so well. Wright uses prejudice and racism throughout his autobiography to encounter some of the most ludicrous moments that he had to experience while growing up in the South. For example, when Wright responded to the question on what he wanted to do in life, the lady turned to him and told him he was wasting his time trying to become a writer, knowing he was a Negro as stated in this quote: â€Å"Then why are you going to school?† She asked in surprise. â€Å"Well, I want to be a writer,† I mumbled, unsure of myself; I Had not planned to tell her that, but she had made me feel so Utterly wrong and of no account that I needed to bolster myself. â€Å"To write stories,† I mumbled defensively. â€Å"You†ll never be a writer,† she said. â€Å"Who on earth put such Ideas into your head nigger head?† â€Å"I didn†t think anybody ever would,† she declared indignantly (Wright 147). It was unheard of being someone of importance and being black at the same time. Another good example of the prejudiced lifestyle of Wright was when he accepted his first job as a porter for a in a clothing store. Wright was forced into washing floors and was not allowed to come into contact with people who entered the store. In Richard’s early life, many social roadblocks threatened to make it more difficult for him to hold on to his dream. Race and prejudice created challenges, but the true challenge came in an entirely different form. The true challenge was to become an accepted black man in a white mans society. Richard Wright became successful in a country that did not encourage him or to create opportunities for blacks. He succeeded in spite of personal hardships, racial adversity, constant hunger, and the lack of educations. Richard Wright fought the battle and came out victorious. Wright became a man who was not defined by his color, but by his talent. His talent was recognized because his strength and determination led him to succeed. How to cite The Harsh Reality of Racism, Papers

Canadas Institutional Landscape and The Governmen Essay Example For Students

Canadas Institutional Landscape and The Governmen Essay ts Ignorance of Farmers NeedsSaskatchewan farmers have been continually ignored in Canadasinstitutional landscape. Never has the situation been more evident as it iswith the possibility of Quebec separation. The Canadian governments ignoranceof farmers needs has caused a cynical view of the political process in the eyesof farmers. One of the major sources of the cynicism is that Canadian federalinstitutions are developed so that most political of the clout is developed fromthe east. The eastern domination of the House of Commons, and indirectly theSenate, means that Saskatchewan wheat farmers do not have a strong voice inCanadian political decisions. But what does the Saskatchewan lack ofrepresentation in Canadas political institutions in Ottawa mean? What canSaskatchewan wheat farmers do to rectify the situation? And, following a Quebecseparation what can wheat farmers do to uphold their livelihood? The intent ofthis report is to focus on the actions Saskatchewan wheat farmers can t ake toensure their success in the future. A focus on the recent political policydecisions by the federal government, the need for intrastate institutionalreform, and effects of a possible Quebec separation will all be analyzed. The current institutional landscape of Canada has not acted favorablyfor Saskatchewan wheat farmers. The development of the institutions, ie. theHouse of Commons and the Senate, and the policies that have developed from theseinstitutions have continually ignored the needs of prairie farmers, emphasizingthe cynicism Saskatchewan wheat farmers have towards the political process. Theantipathy towards the political institutions has developed because of recentcost-cutting initiatives and deregulatory procedures by the government and bymis-representation of farmers needs in government today. The failure ofSaskatchewan wheat farmers to express their needs in the Canadian politicalarena successfully, when compared to other constituencies, is based on the factthat Saskatchewans representation in Canadas political institutions is weak. The result is the development of policies contrary to what would be accepted byfarmers. Saskatchewan wheat farmers, in accordance with most constituencies inthe west, have desired a institutional change to the Upper House in Canada. In1867, when the institutions were developed, the goal was to develop twodifferent political bodies. One, the House of Commons, would represent theCanadian people by means of elected representatives in a representation bypopulation scenario. The second, the Senate, would be a source of sober secondthought. In its creation the senate was intended to protect the ideals ofindividual regions. However, to the chagrin of Saskatchewan wheat farmers, theintended regional focus of the senate never developed and, hence, the senate hasbeen an institution that has been the focus of a lot of antipathy from the West. The drive for modifications to the Senate has been pressed by Saskatchewan wheatfarmers in an attempt to uphold their livelihood in a nation in which theyreignored. The development of intrastate federalism in the senate is typically themost desired institutional change. Intrastate federalism aids in bringingregional representation to the national political arena. The desire forregional representation in the Senate is held in high demand by Saskatchewanwheat farmers. The most prominent suggestion is for a Triple E senate (equal,effective, and elected) instead of the current form of the Upper House. Supportfor a Triple E senate is virtually guaranteed by Saskatchewan wheat farmer,because their views would have better representation in a central politicalinstitution which historically has ignored their needs. The reasoning behindthe lack of regionalism in the Canadian senate is based on two important factors. First, Canadian senators were not selected by provincial legislatures orgovernments, but rather were appointed by the federal government Secondly,Canadians opted for equal representation by region rather than equalrepresentation by province. Thus, the senates actions are extremely similarto the actions of the House of Commons. To answer the question of what Saskatchewan wheat farmers need to do touphold their livelihood concentrates on the necessity for a senate reform basedon intrastate federalism. The hope is that by doing so Saskatchewan farmerswould have a strong voice in the national political arena. However, modifyingthe senate is an extremely arduous task. Senate reform would most likely haveto follow the current amending formula of the seven-fifty rule. The seven-fiftyrule declares that any amendments made to the constitution have the support oftwo-thirds of the provincial legislatures (seven, in the current Confederation)containing fifty percent of the population agreeing to the modification. Themodifications would be difficult to achieve because the politicians in the east,who currently hold a lot of the clout in the current landscape, would be opposedto any changes that would see them lose power. Upon Quebec separation senatereform would be even more difficult to achieve. Without Quebec, Ontario currently has 49.8% of the remaining population. According to Statistics Canadademographics from July 1st, 1996. So, using the current amending formulawithout Quebec in confederation , the likelihood of Saskatchewan farmers havinga voice in central political institutions becomes even less likely asmodifications to the institutions would only be possible if all the provinces,besides Ontario, were in favor of the change. Without provincial representation in a central institution the needs ofSaskatchewan wheat farmers will be continually ignored as the provinces with thelargest population continue to develop policies to achieve their own goals. Onesuggestion has been modification to the House of Commons, however, this seemseven more unlikely then reform to the Upper House. The goal of the senate inits creation, as was noted earlier, was to provide sober second thought.Regional leaders can argue that the senate does not fulfill the goals it wascreated to attain, and hopefully modify the senate to attain the regional needsthey desire. The House of Commons intent was always to be an elected body thatwas selected through representation by population and, thus, modifications tothe House of Commons are less likely then changes to the Senate because theintentions of the House of Commons have been achieved. The fact that the institutional landscape in Canada currently favors theeast can be seen in three recent policy initiatives by the federal government. The policy changes have not been beneficial to farmers in Saskatchewan, andcontinue to be focused on what will help the east develop. The policy changeshave involved 1) the elimination of the monopoly the Canadian Wheat Board had;2) deregulatory initiatives involving the creation of the North American FreeTrade Agreement (NAFTA); and, 3) a cost-cutting policy initiative that saw theelimination of the Crows Nest Pass Agreement. Each policy change has causeddeep cuts at the roots of Saskatchewan wheat farmers. A focus on the policychanges shows that the policies have gained some support in other provinces,namely Alberta, but the policies have considerably hurt Saskatchewan farmers. Motorcycle EssaySurvival for the common farmer in Saskatchewan has become increasingly moredifficult as the federal government continues on its policy changes based on theidea that bigger is better, to the demise of the common farmer. One of the alleviating factors during the abolition of the crow was thepossibility of Saskatchewan wheat farmers to use the St. Lawrence Seaway as ameans of finding lower costs to farmers. However, with the possible separationof Quebec, the use of the St. Lawrence Seaway is unknown. Depending on theagreements made by the Quebec and Canadian governments following separation theprice of transportation may go up even further as Saskatchewan wheat farmerswould lose a possible location to ship their grain. This would assuredly causean influx of prices in transportation costs to farmers as the Canadian PacificRailways would undoubtedly continue its trend of charging high prices to prairiefarmers transporting their goods to the west, to combat the expenses of gettingthrough the treacherous Rocky Mountains. Exports are a concern to Saskatchewan farmers on a whole, but more so tothose involved in the egg, poultry, and dairy aspects of agriculture. Egg,poultry, and dairy are produced under a Supply/Management organization. Inother words, there is a strict management of goods to ensure that farmersproduce only what will satisfy domestic needs. When the system worksefficiently no surpluses or shortages of egg, poultry, and dairy are created inCanada. If Quebec were to separate, especially with Quebec being a primarydairy producer in Canada, a number of initiatives would need to be developed toensure that there is neither a shortage or surplus of goods. The repercussionsof this would involve the need for farmers in Saskatchewan to focus more ondairy production, so that the needs of the nation are matched. Also, egg andpoultry producers in Saskatchewan may be down-scaled or forced to close as thegoods they produce would no longer be needed by the rest of the country. Toprevent any developing problems it is imperative that the Saskatchewan farmershave some voice in the political discussion following a Quebec separation. Theoretically, we could simply import from Quebec after separation is made toensure that the demand of Canadians are met by Quebec supply. However, thesolution is not an easy one because the cost of dealing with Quebec would likelybe a high one due to an increase in transaction costs. Transaction costs are,the costs arising from finding a trading partner, negotiating an agreementabout the price and other aspects of the exchange, and of ensuring that theterms of the agreement are fulfilled. Simply put there would be an influx inthe transaction costs between Quebec and Canada as the trading agreement ismodified. Again Saskatchewan farmers, upon Quebec separation, are faced withyet another hurdle to clear in their attempts to uphold their lifestyle. In sum, the political policy development that has been developed in theEast has seriously effected Saskatchewan wheat farmers. They have lost a meansfor protection from a fluctuating market because of modifications to the price-support structure of the CWB, which could be extremely detrimental with thedevelopment of a new country and unstable economy. The internationalcompetition, witnessed through the eastern politicians focus for free trade, hascaused the price of grain to drop considerably because of the elasticity ofwheat caused by an increase in competition and substitutes. Finally, the risingtransportation costs, due to the elimination of the Crows Nest Pass Agreement,has meant that Saskatchewan wheat farmers spend more money to get their productto a market which has gotten progressively worse. Saskatchewan farmers areforced to spend more money to get their product to a weak market, which couldget weaker in a new developing country due to an unstable economy and theincrease in transaction costs. The importance of the institutions ability to steer Canadas policyneeds to be analyzed here to ensure its power and importance is understood. Institutions are like channels or grooves along which economic, ideological,cultural and political forces flow. Simply, the power of politicalinstitutions is not an abstract quality . With the branches of government builtunder the principle of representation by population the political clout is goingto be held where the largest population is held, the east. The result is thatof small constituencies are weakly represented in national governments whichfail to realize the practical implications their policy developments have toconstituencies not prominent in the east, such as Saskatchewan wheat farmers. The policies the national government have developed in recent events havespoiled the agricultural community in Saskatchewan. However, a change to thepolitical institutions would cause a change in the policies that the governmentscreated simply because the grooves would cause policies to follow a differentpolitical, cultural, and economic flow. Canadian political institutions have a serious effect on policydevelopment in the nation. With the power being held almost solely in the eastsmall constituencies, such as Saskatchewan wheat farmers are forced toconcentrate on methods to modify the institutions so that they serve their needs. Recent policy developments have had a detrimental effect on Saskatchewan wheatfarmers growth and the only means for farmers to prevent this in the future isto modify the institutions. However, Quebec separation poses a difficultproblem for Saskatchewan wheat farmers. Not only does separation mean that theeconomy farmers rely heavily on will drop but it separation also means thatinstitutional reform is even less likely. The situation is not futile, andalthough the road is a difficult one Saskatchewan wheat farmers have facedadversity before. It appears that their unity and strength will be called uponagain as they attempt to gain representation in Canadas national institutionsbefore their lifestyle becomes a concept of the past. BibliographyKeith Archer et al., Paramters of Power: Canadas Political Institutions. Scarborough:Nelson Canada (1995), pg. 180. Canadian Dimensions- Population and average growth rates, Canada, the provinces,and territories. Statistics Canada, Ottawa, Ontario, July 1st, 1996. Website: http://WWW.StatCan.CA/Documents/English/Pgdb/People/Population/demo02a.htmDavid Roberts, Farmers worry report wont bring change, The Globe and Mail(July 11, 1996), A9. Terry Johnson, After the Crow, new hope in the country, Alberta Report (August21st, 1995), 15. Richard Gwyn, End of an Era, Calgary Herald (August 1st, 1995), A5. Terry Johnson, After the Crow, new hope in the country, Alberta Report (August21st, 1995), 15. Robin Bade et al., Economics: Canada in the Global Enviroment. Toronto: AddisonWesley Publishers Ltd. (1991), pg. G-13. Keith Archer et al., Paramters of Power: Canadas Political Institutions. Scarborough: Nelson Canada (1995), pg. 3. Category: History

Property Notes Essay Example

Property Notes Essay TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: â€Å"a convenient description of the immunity from attack by adverse claim to the land or interest in respect of which he is registered, which a registered proprietor enjoys† EXCEPTIONS TO INDEFEASABILITY * FRAUD- in the case of fraud a proprietor can be removed from the register. Fraud is not notice, it is dishonesty or moral turpitude (Assets v Mere Roihi [1905] AC 176 â€Å"Fraud must be brought home to the person whose registered interest in sought to be impeached, or to his or her agents acting within their authority. † Fraud must take place before registration. Anything that takes place after is subject to an in personam claim. EXPRESS EXCEPTIONS- Leases- s42(1)(d) RPA- less than 3 years * Easements- s 42(1)(a1) * IN PERSONAM- The registered proprietor is subject to unregistered interests that they have created, such as contracts, trusts and estoppel. (Barry v Heider (1914) 19 CLR 197 Bahr v Nicolay (1988) 164 CLR 603 * In 1979 the Bahrs obtained a licence of Crown Land in Western Australia. On the building of commercial premises the Bahr’s could transform the licence into a Crown Grant and so become the proprietors of the property. Th e Bahr’s sold to Nicolay. Nicolay was resell the property to them at the end of the 3 years. * During the 3 year term Nicolay sold the property to the Thompson’s. * The contract between Nicolay and the Thompsons contained an acknowledgment of the agreement between Nicolay and the Bahr’s (Clause 4 of the contract. * After the Thompsons’s became registered as proprietors they commenced negotiations for the resale of the property in accordance with their agreement with Nicolay but later refused to transfer the property. The Thompson’s argued that they had mere notice of the Bahr’s interest and so were not obliged to resell and were not guilty of statutory fraud. * Mason and Dawson JJ. Fraud, a â€Å"dishonest repudiation of a prior interest which the registered proprietor has acknowledged or agreed to recognize as the basis for obtaining title. * Wilson and Toohey JJ. No statutory fraud – in any case it occurred after registration. Cond uct does give rise to a constructive trust. * Brennan J collateral contract and constructive trust. We will write a custom essay sample on Property Notes specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Property Notes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Property Notes specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Torrens Assurance Fund * Section 129 of the RPA gives a remedy to a person for loss or damage against the Torrens Assurance Fund in respect of an interest in land, suffered as a result of the operation of the RPA, where the loss or damage arise from: * the registration of some other person as proprietor of the land or an interest in the land (s 129(1) (b));    * the person having been deprived of the land or an interest in the land through fraud (s129(1)(e)). VOLUNTEERS King v Smail [1958] VR 273- doctrine of indefeasibility only protects bona fide purchasers. Volunteers not covered. Bogdanovic v Koteff (1988) 12 NSWLR 472 – NSW volunteers covered Mrs B looked after Mr K on the basis of a promise that she would be given an interest in the house which would allow her to stay for life. Son inherited house. Breskvar v Wall applied no distinction is made between volunteers and purchasers hence indefeasibility is given to the son SHORT TERM LEASES Under 42(1)(d) of the Real Property Act, a registered interest is subject to a short-term lease if: * The term of the lease is less than 3 years including any options, * The tenant is in possession or entitled to immediate possession, * The registered proprietor before he or she became registered as proprietor had notice against which he or she was not protected: OVERRIDING STATUTES Pratten v Warringah Shire Council (1969) 90 WN (NSW) (Pt 1) 134, Barry v Heider (1914) 19 CLR 197 Barry was the registered proprietor of Torrens land. He had signed a document of transfer under which he agreed to transfer his interest in the land to Schmidt for consideration of ? 1,200. * The transfer stated that this had been paid, but Barry’s evidence was that he had received nothing. He claimed that he thought he was signing a contract, not a transfer and that the agreed sale price was ? 4,000. * Evidence was brought that the witness to Barry’s signature, a solicitor named Peterson, was n ot present when Barry signed. The Certificate of Title not given to Schmidt because the land had been subdivided and a new CT was to be issued nor had the documents been registered because they were waiting on the final subdivision. Barry signed a letter authorising the RG to deliver the new CT to Schmidt when it issued. * Using the letter and signed Transfer as evidence of his title to the land Schmidt created mortgages over the property to Heider and Gale. PRIORITY DISPUTES Registered v Registered Under s 36(9) priority between registered interests is determined by the order of registration, not by the date of execution. Order of registration is determined by the order of lodgment in â€Å"registrable form:† 36 (5) * â€Å"nemo dat quo non habet† Registered v Unregistered * Although equitable interests are recognized under Torrens title they are somewhat fragile in a priority dispute. They may be extinguished by registered interests unless they have been protected by the lodgment of a caveat, or they exist as an exception to indefeasibility. Unregistered v Unregistered * Since unregistered interests are generally thought to be in the nature of equitable interests priority is generally determined by the application of the principles used in deciding priority disputes between competing equitable interests over old system land. It involves the search for the best equity (Rice v Rice). THREE STEP PROCESS * Look at the conduct of the holder of the first interest and decide whether they have done anything that should result in their interest being postponed. The major thing to look for is conduct that may mislead the later comer into thinking that there is no earlier interest in existence; * If the holder of the first interest has committed some act or omission that has had this effect then look at the conduct of the second holder. First look to see if they have notice of the earlier interests. If they do they cannot take priority. If they don’t then you need to see who has the better equity by weighing up the conduct of both. * If the equities are equal first in time will prevail. POSTPONING CONDUCT * not taking care of documents creating the right * taking too long to bring an action to protect a right * not speaking up to give notice of your claim of an interest * Making misleading statements * Otherwise misleading the second comer into thinking that you no longer have an interest MERE EQUITY * Latec Investments Ltd v Hotel Terrigal Pty Ltd (in liquidation) 113 CLR 265 THE RULE IN WALSH V LONSDALE * â€Å"Equity regards as done that which ought to be done† RULE IN LYSAGHT V EDWARDS The general principle of this rule is that in the absence of express agreement between the vendor and purchaser the vendor becomes a trustee of the property for the purchaser once there is a valid and binding contract between the parties. * This is known as the ‘doctrine of conversion’. The rule in Hunt v Luck [1902] 1 Ch â€Å".. possession of the tenant is notice that he has some interest in the land, and that a purchaser having notice of that fact is bound, according to the ordinary rule, either to enquire what the interest is, or to give effect to it, whatever it may be. † CONSTRUCTIVE NOTICE * S 164 Conveyancing Act 1919 NSW The kind of enquiries that a purchaser ought reasonably to make depend on current good practices. This means that a purchaser should at least undertake 2 types of enquiries: * The purchaser has a duty to physically inspect the land (Barnhart v Greenshields, Hunt v Luck), and, * The purchaser should search the documents of title and the register. CAVEATS S74F RPA- Lodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants. A caveat may be lodged: * Where a person claims to be entitled to a legal or equitable estate or interest in the land; * Where the registered proprietor has lost the certificate of title and fears an improper dealing with the land; * To prevent the granting of a possessory application;. * To prevent the improper exercise by a mortgagee of a power of sale; * By the Registrar-General to protect interest of a person under a legal disability or on behalf of the Queen Rule in Person-to-Person Finances Pty Ltd v Sharari [1984] 1 NSWLR 745 [I]t s the settled practice of competent solicitors acting for second or subsequent mortgagees, to ensure either the prompt registration of the mortgage or lodgement of a caveat ACTION| LEGAL EFFECT – TORRENS TITLE| Negotiation| None unless doctrines such as estoppel apply| Exchange of Contracts| Purchaser receives equitable interest providing contract is enforceable Lysaght v Edwards (1876)| Settlement (completion) and payment of Consideration| P urchaser receives approved form of transfer. Until registration interest is still equitable but may be deemed legal if s43A applies| Registration| Purchaser receives indefeasible title under s 42, RPA and is protected against notice of prior interests under s43. Voidness is â€Å"cured† by registration| S43A REQUIREMENTS * The person receiving the dealing should have possession of the certificate of title or be in a position to compel its production. (Court of Appeal in J H Just Holdings v Bank of NSW) * It must be immediately registrable in the sense that no intermediate dealings need to be registered before it. The person claiming the protection of the section should have dealt with the registered proprietor. Jonray (Sydney) Pty Ltd v Partridge Bros Pty Ltd (1969) 89 WN (Pt 1) 568 establishes that a transfer by direction fulfils this requirement. * IAC(Finance)PtyLtd v Courtenay-S43A results in a deemed legal estate’ SAMPLE CHECKLIST – TORRENS TITLE 1. What form of title is the land held under? Look for words such as â€Å"registered proprietor† or â€Å"held under the Real Property Act 1900 NSW† to establish that the land is Torrens title. 2. Ascertain the status of the interests. Which are registered and which remain unregistered (these, at best, will be equitable BUT an unregistered interest is not always equitable). Remember that a registered interest will generally defeat an unregistered interest. 3. Determine whether the registered interests are susceptible to any of the exceptions to indefeasibility? Make a list of all that might be relevant and have definitions of them available: * fraud (dishonesty, trickery, scheming) * in personam (dishonesty, unconscionability, binding contracts, constructive trust etc) ****REMEMBER, ONLY THE CONDUCT OF THE REGISTERED PROPRIETOR IS RELEVANT FOR THESE EXCEPTIONS*****   * short term leases (s 42(1)(d), * overriding statutes etc. 4. Are there any equitable / unregistered interests? There are a variety of ways in which these can be created: * by writing in accordance with sec 23C and 54A Conveyancing Act; * where a previously registered interest has been wrongfully removed from the register, eg through fraud or the im proper exercise of a mortgagee power of sale; * through the application of the law of part performance; * by the application of the doctrine of estoppel; by the application of the doctrine of constructive trusts. 5. Can the holders of the equitable interests use s 43A Real Property Act. This will deem their interest to be legal. 6. Apply the priority rules. In descending order of importance the interests are: * registered * unregistered but falling within sec 43A * unregistered (equitable) with the better equity, or, where the equities are equal, the interest created first in time. * unregistered (equitable). * mere equities CO-OWNERSHIP Two main types of co-ownership -Joint tenancy -Tenancy in common JOINT TENANCY Each joint tenant is â€Å"wholly entitled to the whole† as a ‘collective unity’ or a ‘composite person’. 4 Unities * Unity of Possession * Unity of Interest * Unity of Title * Unity of Time UNITY OF POSSESSION * The land is not physically divided. * Each tenant holds a physically undivided share of the land. * Each co-owner is entitled to possession of the whole of the land. This is called ‘unity of possession’ and it applies irrespective of the shares in which the property is held (eg one tenant holding ? and the other holding ? ). UNITY OF INTEREST * This follows from the proposition that each joint tenant is ‘wholly entitled to the whole’. The interest held by each joint tenant is necessarily the same in extent nature and duration. UNITY OF TITLE * This means that each joint tenant must derive his or her title from the same document (transfer or deed) or act (adverse possession). * A joint tenant can dispose of their share (notionally) of the land but only during their lifetime UNITY OF TIME * This requires that the interests of all joint tenants vest at the same time. A transfer of land to A B when they reach 18 years of age, will create a tenancy in common since there is no unity of time The Right of Survivorship * The other distinction feature of joint tenancies is the right of survivorship or the jus accrescendi * The essence of this principle is that when one joint tenant dies the whole of his or her interest automatically passes to the surviving joint tenants until only one is left. * This is unaffected by any contrary provision in a will. Wright v Gibbons (1949) 78 CLR 313 The Principle Of Forfeiture Rasmanis v Jurewitsch (1969) 70 SR NSW- Man kills wife†¦ will not receive her share of the tenancy. CONVEYANCING ACT 1919 SECT 35 – If both die at same time it will be presumed that the younger survives the older. * Hickman v Peacey [1945] AC 304. joint tenancy can be severed in 6 ways: 1. By a unilateral act by a joint tenant acting on his or her own share; 2. By a mutual agreement between the joint tenants; 3. By a course of dealing between the joint tenants; 4. By court order, most commonly under the Family Law Act; 5. In cases of unlawful killing; . On the bankruptcy of one joint tenant an involuntary severance will occur. S97 RPA- sever by transfer TENANCY IN COMMON There are 2 major differences between a tenancy in common and a joint tenancy: * There is no right of survivorship between tenants in common, and * Only unity of possession is required * There are 2 ways in which a tenancy in common will come to an end. These are: * When all the tenants in common transfe r their interest to one of the tenants; * Where the land is sold or partitioned under s 66G Conveyancing Act. Equity always preferred the tenancy in common because it represented certainty and fairness. * The parties would be treated in equity as if they were tenants in common in 3 situations: * Where co-owners contributed different amounts to the purchase price * Where co-owners advance money on mortgage; * In the case of partnership assets. IF EQUAL CONTRIBUTION THE LAW PRESUMES A JOINT TENANCY PARTITION AND SALE OF LAND In special circumstances court can order Under Div 6 Part 4 Conveyancing Act (sections 66F – 66I)

Comparison of The Whole Towns Sleeping, written by Ray Bradbury, and The Landlady, by Roald Dahl Essays

Comparison of The Whole Towns Sleeping, written by Ray Bradbury, and The Landlady, by Roald Dahl Essays Comparison of The Whole Towns Sleeping, written by Ray Bradbury, and The Landlady, by Roald Dahl Paper Comparison of The Whole Towns Sleeping, written by Ray Bradbury, and The Landlady, by Roald Dahl Paper Essay Topic: Literature Ray Bradbury Short Stories The Whole Towns Sleeping, written by Ray Bradbury, and The Landlady, by Roald Dahl, are two short stories that have many facts in common; including the setting, the plot and the main characters. The first one narrates the story of a small town where a woman is strangled every month or so by a serial killer. One evening, a group of friends find the dead body of a girl from the town. From then on, the girls become obsessed with the idea of the killer going after them. On the other hand, Dahls story describes how a man arrives to a town (Bath) late at night and is pulled in by a notice on a window into a Bed and Breakfast. The woman in charge of the place does not seem too weird, but even though the protagonist does not notice anything strange, the reader becomes aware of the old womans immoral intentions. The main common aspects are that they are both tales based on fear and apprehension, as well as having opened endings. The setting, the plot and the attitude of the characters are going to be analysed having as an aim, the need to create tension. One of the main parts of a story is the setting. Both of these stories have two different major settings where the plot takes place. In The Whole Towns Sleeping, which takes place in Illinois, the first place you first meet is Lavinias home. There, she feels secure and comfortable. Home. Oh safe at home. Safe, safe and safe at home! (The Whole Towns Sleeping, 56). This fragment of the short story is of great importance because it explains Lavinias personal feelings towards her home, which later will turn out to be wrong. However, the other main setting where most of the story takes place in is outdoors. The story happens an evening when the main characters have decided to go to the cinema. Outside its cold and dark. To get to the cinema they have to go through a scary ravine. They stood upon the edge of the ravine that cut the town in two. Behind them were lighted houses and faint radio music; ahead was deepness, moistness, fireflies and dark. (The Whole Towns Sleeping, 38). This passage full of imagery, it illustrates the unpleasing look of the appearing place of the narrow valley. The ravine is the place where the dead bodies of the victims of the serial killer are found, which makes it even a scarier place. The Landlady also has two principal settings. The story begins in Bath, where a young businessman has arrived. Outside, the air was deadly cold and the wind was like a flat blade of ice on the cheeks (The Landlady, 80). This section of the book shows the protagonists need to find a comfortable place to stay for the night. After looking around town he finds a Bed and Breakfast, which in this story stands out for being the set where most of the plot happens. It is a comfortable house with a fire warming up the living room. In front of the fire, a pretty little dachshund was curled up asleep ( ) The room itself, so far as he could see in the half-darkness, was filled with pleasant furniture (The Landlady, 81). This passage explains how the protagonist sees the Bed and Breakfast as a great place to stay because of its appearance, which does not come out to be a great idea. Concerning the setting, both stories are quite similar. Both of them have a place where the protagonists feel most secure in (Lavinias house, and the Bed and Breakfast respectively), however, as the story flows, they will turn out to be not as safe as they looked like. When writing the plot of these stories, both authors had one aim in mind; to create tension. However, they turned out to achieve their aim by different means. The Whole Towns Sleeping plot consists mainly on a series of continuous mini-climaxes, thought of to create a steady tension around the fear of being attacked by the strangler. The Lonely One might follow us and kill (The Whole Towns Sleeping, 38). The quotation clearly shows the fright that the women experiment. On the other hand, The Landlady works in a different way. Even though it also creates the reader to become nervous and tense, the author uses little hints throughout the story, which will turn out to be related and predestine the young protagonist to his own fate. Hes still here. (Mr. Mulholland). Mr. Temple is also here. Theyre on the third floor, both of them together (The Landlady, 89). This quote shows how the old lady is giving hints to the young man about the danger he is in, however, he does not get the message. Despite the fact that the authors of these two short stories used different techniques to achieve the same aim, they both decided to give the same type of con clusion to the two of them; an opened ending. An opened ending is a story, which does not have a resolution. The last aspect of the stories to be analysed are the characters thoughts. Bradburys story has Lavinia as its protagonist. Francine and Helen are two friends of her in their thirties too. Lavinia is an adventure seeker. She thinks life is boring and has to be spiced up. Going through the ravine on her own, the narrator gets into the protagonists mind and the reader is able to feel empathy. There, there! she screamed to herself. At the bottom of the steps. A man under the light! No, now hes gone! He was waiting there! (The Whole Towns Sleeping, 53). The quotation shown makes the reader understand Lavinias distress while being followed by a stranger. The Landlady is made up of two main characters; Billy Weaver, a young businessman and protagonist of the story, and the old lady owning the Bed and Breakfast. This time the author does not go through the characters thoughts, however, it is obvious that Billy being seventeen years old is not mature enough and he is blindly guided by his misjudgements. She seemed terribly nice (The Landlady, 83). By making this first-sight judgement, he has prearranged his friendship with the old lady. Once that he trusts her, the old lady has to do something truly bad, for him to end up his confidence on her. As he says, briskness is the common characteristic of all successful businessmen, which probably makes him very vulnerable at the time of taking decisions. Though, they are quite different when the time of expressing the protagonists feelings comes, these two stories do appear quite alike in the aspect of their characters if looking at how they are used in each story. Both narrations have an evil person who tries to harm these protagonists without any apparent reason for doing so. Although two stories may look different at first sight, they surely have common aspects, which can be compared to find similitudes. In the case of The Whole Towns Sleeping and The Landlady, they are very similar stories that can be compared very easily. This occasion, the features contrasted were the setting, the plot and the main characters attitude of the short stories. Every time we were able to find at least one common point between the two stories to make them look alike, which means that they are quite similar. They both have a similar setting where the tale takes place, they have comparable plots with the same type of ending, and they have pretty related major characters, in the way they are chased by evil.

Texas Decision to Refuse to Expand Medicaid Essay

Texas Decision to Refuse to Expand Medicaid - Essay Example As the paper stresses texas decision of rejection has protected the private insurance and encouraged its growth. Therefore, private insurance in Texas are affordable, and the number of people with insurance is increasing. Rejection of the Medicaid has affected the country negatively in that the country spending in the country funded health care programs for the uninsured is increasing. Once the expenditure increases the government increases tax thus causing an increase in price on different commodities. According to the research findings the Medicaid program harms the people though it is intended to serve. Expanding Medicaid means that patients who are already enrolled in the program many of whom have nowhere else to go for coverage will be competing for medical services with up to 20 million more people being added to the program. Moreover, the most vulnerable patients who have the greatest needs are likely to have the hardest time getting care. Texas rejecting the expanded Medicaid has protected its people from this problem. The expanded Medicaid under the Affordable federal Act provides a strong health care system. Provision of quality health care increases the number of residents with health insurance reducing the uncompensated care cost. In addition, healthy resident is a sign of productivity in that state. Medicaid emphasis more on coverage and not to care provided to the patients.