Definition and Examples of Subordinate Clauses

In  English grammar, a subordinate clause is a  group of words that has both a subject and a verb but (unlike an independent clause) cannot stand alone as a sentence. Also known as a dependent clause. Contrast this with a main clause and coordinate clause. Subordinate clauses are usually attached to main clauses or embedded in matrix clauses. Pronunciation: Suh-BOR-din-it Exercises Exercise in  identifying adverb clausesPractice identifying independent and dependent clauses Examples and Observations Whenever you find yourself on the side of the majority, it is time to pause and reflect.(Mark Twain)That spring, when I had a great deal of potential and no money at all, I took a job as a janitor.(James Alan McPherson, Gold Coast, 1969)Memory is deceptive because it is colored by todays events.(Albert Einstein)Bailey and I did arithmetic at a mature level because of our work in the store, and we read well because in Stamps there wasnt anything else to do.(Maya Angelou,  I Know Why the Caged Bird Sings, 1969)If you cant leave in a taxi you can leave in a huff. If thats too soon, you can leave in a minute and a huff.(Groucho Marx, Duck Soup)If a free society cannot help the many who are poor, it cannot save the few who are rich.(John F. Kennedy)When you lose your laugh, you lose your footing.(Ken Kesey)Every book is a childrens book if the kid can read.(Mitch Hedberg) Grammatical Juniors Subordinate clauses are grammatical juniors, dependent on the main clause for complete sense. They are not subordinate in any other way; they need not be stylistically inferior, and indeed may be more informative than the main clause they depend on, as in this example: If you go on with a diet that consists exclusively of cottage cheese, dry toast, and Brazil nuts, I shall worry. The main clause is I shall worry: it is, I think, rather feeble in view of what precedes it, a sad anticlimax to what was promising to be a fairly arresting sentence. But although that previous clause is much more interesting in every other way, it remains grammatically subordinate: it could not stand on its own.(Richard Palmer, Write in Style: A Guide to Good English, 2nd ed. Routledge, 2002) Types of Subordinating Conjunctions Finite clauses are introduced by a subordinator, which serves to indicate the dependent status of the clause together with its circumstantial meaning. Formally, subordinating conjunctions can be grouped as follows: simple conjunctions: when, whenever, where, wherever, because, if, unless, until, while, as, althoughconjunctive groups: as if, as though, even if, even though, even when, soon after, no soonercomplex conjunctions:: there are three subclasses: (i) derived from verbs . . .: provided (that), granted (that), considering (that), seeing (that), suppose (that), supposing (that), so (that)(ii) containing a noun: in case, in the event that, to the extent that, in spite of the fact that, the day, the way(iii) adverbial: so/as long as, as soon as, so/as far as, much as, now (that) Angela Downing,  English Grammar: A University Course. Routledge, 2006) Subordinate Clauses in Poetry When I heard the learn’d astronomer;When the proofs, the figures, were ranged in columns before me;When I was shown the charts and the diagrams, to add, divide, and measure them;When I, sitting, heard the astronomer, where he lectured with much applause in the lecture-room,How soon, unaccountable, I became tired and sick;Till rising and gliding out, I wander’d off by myself,In the mystical moist night-air, and from time to time,Look’d up in perfect silence at the stars.(Walt Whitman, When I Heard the Learn’d Astronomer. Leaves of Grass)

Psychology and Care Plan Essay - 1218 Words

UNIT CU1520 Questions 1 – Be able to assess the development needs of children or young people and repare a development plan. 1.1 – Explain factors that need to be taken into account when assessing development. * Progress * Improvement * Behaviours * Look at goals within care plan are they on track? * What activities they are partaking in and how well are they dealing with them. * Whether they are interested, compliant and accepting or not. 1.2 – Assess a child or young person’s development in following areas :- physical, communication, intellectual/ cognitive, social, emotional and behavioural and moral. A) Please see attached sheets of evidence (Daily session record and behaviour tick†¦show more content†¦* Given as much choice and inclusion in decisions to meet individual needs 2 – Be able to respond to inappropriate behaviour 3.7 – Explain the features of an environment or service that promotes the development of children and young people. A) Within the service to be aware through care plans of the trigger points of YP’s that initiate the inappropriate behaviour B) To be aware through the care plan how best to respond to the individual to defuse inappropriate behaviour C) Use positive reinforcement and praise when individual responds well and behaviour improves, hopefully enabling young person to develop and recognise themselves that the inappropriate behaviour is not rewarded or acceptable, hopefully making the occurrence of inappropriate behaviour less often. 3.8 – observation 3 – Understand how working practices can impact on the development of children and young people. 4.9 – Explain how own working practice can affect children and young people’s development. * My different approaches and attitude can affect the YP’s mood, behaviour etc as if I appear abrupt or aggressive in manner it may cause the YP to become aggressive themselves or non-cooperative and act out. * If I do not follow care plan this may have an effect on the YP as I am not meeting their specific needs which may cause agitation as they may not be getting what they need. *Show MoreRelatedPsychologys Influence on Nursing Essay1149 Words   |  5 PagesAs defined by Mason and Whitehead, psychology is a branch of biological science which focuses on the study of conscious life in its origin (66). 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Kate Chopins The Story Of An Hour And Gail Godwins A Sorrowful Woman Essay Example For Students

Kate Chopins The Story Of An Hour And Gail Godwins A Sorrowful Woman Essay Kate Chopins The Story of an Hour and Gail Godwins A Sorrowful Woman are both similar pieces of literary work in that both stories offers a revealing glimpse of extremely unhappy marriages. Both Mrs. Mallard and the unnamed mistress in A Sorrowful Woman called (the wife) seem to reveal a problem or possibly a disease which is plainly inherited through the institution of there marriages. They are so unhappy with the lives they lead and the person(s) in them they seem to drive themselves to there own death. The Story of an Hour seems to pick up in the middle of an on going battle of Mrs. Mallards feelings towards that of her husband Brantly Mallard, (which seems to be a decent guy from this short story introduction). This is why you really can not come to grasps with her hatred towards Mr. Mallard and why she feels it. There is little introduction of the husband Brantly Mallard which leaves any thought or opinions of him completely to the imagination, while in A Sorrowful Woman the wife seems to be a very selfish, and self centered person who can care only for herself. Godwin describes mostly all characteristics about the husband and wife in that the wife tells her husband that the sight of himself and the child made her so sick she did not want to see them ever again. The husband being his very understanding self-comments he understood such things, and asked what would she like him to do (33). In the begging Mrs. Mallard is so overwhelmingly happy (acting very distraught) to receive the telegram informing her of Mr. Mallards death but she had to conceal her happiness simply because there were loved ones in her presence including her sister Josephine and Mr. Mallards great friend Richard. It was he (Richard) who had received intelligence of the death as he was in the newspaper room and heard fist word of the rail road disaster with Brently Mallards name at the top of the death list. Josephine had delivered this information just before Mrs. Mallard had stormed off to her room for the concealment and solitude that she had needed (12-13). For the wife in A Sorrowful Woman loneliness and solitude was all that she had wanted out of her family member role throughout the story. She was placed to bed the first night and was given a sleeping draught that was guaranteed to put her to rest swiftly after informing her husband that she wanted to be away and out of the sight of him and their little boy. For many days straight the wife remained there alone and to her self only to appear to wonder throughout the house aimlessly a few short times when the house was vacant. For Mrs. Mallard remaining in her room resting in her roomy armchair staring aimlessly out of the open window was to rejoice and unleash her true feelings of Mr. Mallards death after a few short moments of morning (12). While in A Sorrowful Woman the wife was detained by her own state of misery and loneliness for she wantedto be away from both her husband and her child also (the majority of the time) sitting inher big chair staring out at the snow-ridden branches wearing her slacks and an old sweater (35). While there is no major role playing by Mr. Mallard in The Story of an Hour the husband in A Sorrowful Woman tries to be very caring in every way possible to his wife. The day after everything took place he brought her breakfast in bed and let her lay to rest until it grew dark again, and after taking there son for a walk he brought her up a tray of buttered toast, celery sticks and soup. She says to him I am the luckiest woman, (crying) he then replies nonsense, you need a rest from us, referring to there son and himself (34). He would then continue to take over all of the house hold duties such as: fixing her meals/sleeping liquids, doing dishes, making dinner for the himself and there son, taking and picking up there son from school, and holding down his employment at the office as well. All of these chores were beginning to become too much for him to handle by himself so with his wifes permission he hired in the perfect young girl that was very dynamic. After a short period of ti me the wife fired the girl because she had brought the child in to see his mother and he sat a grasshopper in her hand which made her become very irate. The husband then apologized to her and said he would take care of it but was very disappointed that he had to let the girl go. As time went by his wife became more and more distant moving into a room by her self, limiting the husbands ability to see her, as well as her sons. .u8f53038c868e2c4cf39198487fe57c4a , .u8f53038c868e2c4cf39198487fe57c4a .postImageUrl , .u8f53038c868e2c4cf39198487fe57c4a .centered-text-area { min-height: 80px; position: relative; } .u8f53038c868e2c4cf39198487fe57c4a , .u8f53038c868e2c4cf39198487fe57c4a:hover , .u8f53038c868e2c4cf39198487fe57c4a:visited , .u8f53038c868e2c4cf39198487fe57c4a:active { border:0!important; } .u8f53038c868e2c4cf39198487fe57c4a .clearfix:after { content: ""; display: table; clear: both; } .u8f53038c868e2c4cf39198487fe57c4a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u8f53038c868e2c4cf39198487fe57c4a:active , .u8f53038c868e2c4cf39198487fe57c4a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u8f53038c868e2c4cf39198487fe57c4a .centered-text-area { width: 100%; position: relative ; } .u8f53038c868e2c4cf39198487fe57c4a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u8f53038c868e2c4cf39198487fe57c4a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u8f53038c868e2c4cf39198487fe57c4a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u8f53038c868e2c4cf39198487fe57c4a:hover .ctaButton { background-color: #34495E!important; } .u8f53038c868e2c4cf39198487fe57c4a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u8f53038c868e2c4cf39198487fe57c4a .u8f53038c868e2c4cf39198487fe57c4a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u8f53038c868e2c4cf39198487fe57c4a:after { content: ""; display: block; clear: both; } READ: Lung Cancer EssayWith the women from both stories still locked away in their rooms the time passes. As Mrs. Mallard is sitting in her chair whispering over and over Free body and Sole free her sister Josephine comes to the door and urges her to come out, so she finally does so and carried herself unwittingly like a goddess of Victory (14). She then clasped to her sisters waist causing them both to descend down the stair with Richards waiting at the bottom. At that same moment in time the front door opens and Brently Mallard walks through the door with his gripsack and umbrella. He was no where near the accident and at that same moment Mrs. Mallard died with what the doctor called a heart disease. And as for the other distant wife on her last day of living she withdrew from what had became her domain for one last noble accomplishment. She had cooked supper to last many weeks, two weeks of fresh-laundered sheets, 5 loafs of bread, and had hand-knitted two matching sweaters. The man and child ran to the little room, could not contain themselves to knock flung back the door and there lie his wife/mother restless without the slightest movement and last deed; her freshly-washed hair. In relationships people must work together as a family in order to survive and remain a hole. It is apparent in both The Story of an Hour and A Sorrowful Woman the families did not work together as one unit. It appeared both wives was so submerged in there own sorrow and grief that no matter how hard they could have tried they would have never nor ever wanted to see it through to have what once may have been and could have been a very beautiful relationship.

Should filibustering be eliminated in the Senate

Introduction A filibuster refers to any tactic that is obstructive or dilatory and useful in the prevention of certain pieces of legislation from being tabled for voting. The senate may attempt to prevent or delay a vote by using these obstructive tactics such as extending the debate on the issue at hand.Advertising We will write a custom essay sample on Should filibustering be eliminated in the Senate? specifically for you for only $16.05 $11/page Learn More Since its inception, filibustering has encountered many challenges and critics including a call to abolish it. On the other hand, the proponents of filibustering have also been up in arms to try and preach its advantages, or worse still call for reforms to the principles of filibustering, in order to accommodate the views and interests of all citizens. This report seeks to explain the history of filibustering, the pros and cons, as well as various initiates for reforms. Definition and history Filibu ster is defined as a way of obstruction in a body or institution responsible for critical decision making such as the legislature. Another term of a filibuster is talking out a bill. The filibuster users transferred this term to these adventurers because of their tactics and plans to hijack or pirate ongoing debates. The use of filibuster became common by a Republican congress in the Clinton administration, which was keen on blocking several initiatives of the President. In current times, its application also targets executive or government appointments, which must go through Senate scrutiny and confirmation. The pros of filibusters Filibustering has received support from all corners of the government and the general public. The proponents of filibusters believe in its usefulness especially in the legislative arm of the government. Proponents of the filibusters claim that it helps in protecting the will and interests of the majority. It makes the element of democracy look similar to the rule of the simple majority, thus filibuster use implies undemocratic governance that cannot be opposed. Democracy should be established in such a complex way to include the voice of minorities, and recognize the representation of the political minority such as their public officials. The representatives of the minority groups need to be able to express the majority views in order to make filibuster to have a legitimate role in democracy. Proponents of filibusters claim that it is vulnerable portion of the traditions of the Senate. This is because the Senate is a deliberate, unique body that also severs to protect the rights of the minorities (Tocqueville, Mansfield Winthrop, 2000).Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Most people consider a filibuster as a fence or barrier that acts against the executive branch of the government, which should only be considered as the last availabl e option for essential checks and balances. Filibuster also gives opportunities to the opposition part of the government or senate to get a majority vote, which can enable them to halt any process and make it a consensus. Proponents of filibuster are usually against the notion of cloture as a way of evading following the rightful procedures, and doing the right job. They see it as a way of enabling the senate to debate and amend any clauses freely. They also consider filibuster not to be a procedural gimmick but are rather a portion of the fabric that belongs to the Senate institution. Proponents believe that the filibuster is potent in nature. It is not just a way of head counting, but has a vital role in evaluating the intensity of views on controversial matters. It also increases the stakes in any debate and alerts the public that the raised issues are worth attention (Foner, 2006). Despite all the mentioned advantages and effectiveness of filibusters, critics have still continue d to denounce filibustering, while applying ever effort in attempting to abolish or eliminate it, with some democratic citizens opting for reforms. These critics have explored various negative aspects of filibustering. The cons of filibusters Filibuster destabilizes the self-governing principle of majority rule. This causes the inability of the Senate to change the filibuster’s governing rules. Filibuster is currently an institutional problem because it has gained power over the years and caused an increase in the workload of the congress, for the past forty years. Filibuster is not consistent with the constitution of the United States, and this can be described in two ways. There is the textural argument of constitution stating that the majority rule of the Senate is sufficient to pass a bill, after which it is sent to the President for endorsement. Filibuster is also not consistent with the constitution that indicates the circumstance that requires legislative action to be exercised by the supermajority. The two congress houses require the majority rule in line with the requirement of the constitution unless stated otherwise.Advertising We will write a custom essay sample on Should filibustering be eliminated in the Senate? specifically for you for only $16.05 $11/page Learn More Opponent denounces filibusters, to be indiscriminate, partisan, and open to abuse. This is common with the modern filibusters that are currently more powerful than the past contemporary filibusters are. The past filibusters were justifiable by the senate traditions following unlimited debates and keen considerations, associated with little workload. The pre-1950 senate had a collegial culture that imposed considerable limits on the minority’s capability to consider a filibuster as a thwart to the majority rule. On the other hand, the modern filibuster presents itself as a minority veto, which is immensely powerful and yet not a section of the tradition of the senate existing for a long time and not able to justify the filibusters. Should filibustering continue or not? There are significant impacts of the filibusters on the legislative process of the government and senate. There is a requirement of the supermajority created by the filibuster in the attempt to enact most of the legislative processes. It may, therefore, act to reduce the control of the committee in raising the leverage used by respective senators while on the floor agenda. Filibusters are also useful in situations where the parties in the senate do not have a sixty-vote majority. In such cases, filibusters act to augment the moderates’ influence because of the crucial nature of their votes in determining the failure or success of the motions of the cloture. The stealth filibusters place a higher value on the leadership of the involved parties in the senate as compared to the speaking or acting predecessor (Tocqueville, Mansfield Winthrop, 2000). The cloture rule implies ending a debate in order to overcome a filibuster. This ends the filibuster powers. Critics of the filibuster indicate that this could be a perversion of the initial notion of the majority-rule governance, which was the original intent of senate’s governance of the majority rule. The move to eliminate filibusters is excessive; therefore, sufficient reforms should be implemented in order to enable smooth and fruitful operation of the filibusters. Another reform would be to reduce the number of the majority for a filibuster, from the current 60 to 55. These reforms, among others, can serve as a reasonable option in eliminating the negative aspects of the filibusters. These reforms also help in avoiding the complicated process of constitutional amendments of getting rid of the filibusters (Patterson, 1990). Examples of filibusters An example of a famous bill from filibustering was by Senator Strom Thurmand from South Carolina. This bill involved the att empt to block the Civil Rights Act of 1957. This was the longest filibuster in the history of the United States.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Strom Thurmond attempted to get other senators to agree with his arguments on the 1957 Civil Rights Act. HIs efforts were successful despite having had to fight for a long time while the other senators were just listening. Another example of a famous filibuster was one by Senator Huey Long from Lousiana, in 1935. This was the most effective, creative and dramatic filibuster of all times. The filibuster attempted to block political enemies from getting lucrative jobs through exploiting the National Recovery Administration. Huey Pierce Long was known to be a master of the filibuster. Difficult to hold focus on the work load made placing rules mandatory for extreme situations such as this one (Foner, 2006). Conclusion Filibuster was initially created for legitimate intentions but has since been abused and considered as a delay or smear tactic. However, filibusters have enabled the establishment of an effective requirement of the supermajority to be responsible for most legislative proc esses. Even, though, the new effects of the filibusters undermine the rule of the majority, it cannot be denounced to be entirely anti-majoritarian as it counteracts the aspects of anti-majority rule in the procedures of the senate such as use of the committee system. From the discussion, filibuster cannot be refuted to be unconstitutional, but rather consider the senate rule XXII that give provision of a two-thirds vote requirement in changing the rule to be unconstitutional. The filibusters can also be justified by filing for a lawsuit that challenges the rule. The debate for and against filibusters is extremely significant because it will determine the long-term decision on the laws that should be enacted by the senate. The debate is also useful in addressing the efficiency and fairness of the legislative process, as well as democratic rights of minorities and majority groups. References Foner, E. (2006). Give me liberty!: an American history (Seagull ed.). New York: W.W. Norton. Patterson, T. E. (1990). The American democracy. New York: McGraw-Hill. Tocqueville, A. d., Mansfield, H. C., Winthrop, D. (2000). Democracy in America. Chicago: University of Chicago Press. This essay on Should filibustering be eliminated in the Senate? was written and submitted by user Jose H. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Fundamentals of Land Law Essay †Striking a Balance

Fundamentals of Land Law Essay – Striking a Balance Free Online Research Papers Fundamentals of Land Law Essay Striking a Balance Land law exists today to balance and regulate the rights of both purchaser and vendor upon a transfer of land. Before the flood of 1925 legislation affecting land transactions, purchasers of legal title took subject to many unpredictable and undiscoverable interests, disproportionately burdening them with extensive and expensive obligations and rendering vendors’ interests paramount. The comprehensive reforms encapsulated in the Land Registration Acts (LRA) of 1925 and 2002 overhauled the oft-criticised system of land transfer, affording both parties a more secure basis for the transfer of land. The major impetus behind the Acts was to achieve parity with the mirror principle of conveyancing, attaining a â€Å"truly transparent, accurate and comprehensive† Land Register, reflecting the wealth of interests in relation to titles in land and placing parties on more equal footing. Unfortunately, the 1925 Act failed to eradicate all ‘cracks in the mirror’, instead preserving the relevance of certain interests which may ‘override’ registration. These ‘overriding’ interests burden registered land by operating on a superior plane to other registrable interests, binding purchasers outright and disproportionately empowering the overriding interest-holder. Although the majority of overriding interests provided by the 1925 Act are largely uncontentious, controversy has surrounded the overriding status of interests belonging to persons ‘in actual occupation’ of the land . To this end, LRA 1925, s.70(1)(g) protects an interest in land where its owner is in actual occupation on the land. The open-ended nature of this provision has not unexpectedly been the subject of extensive litigation. Although the Law Commission initially felt compelled to recommend the abolition of all overriding interests, the sentiment was that in order to protect occupiers who cannot reasonably be expected to protect their rights through registration, this sub-category and its accompanying controversy should be retained . Lord Denning’s justification was to protect occupiers from â€Å"having their rights lost in the welter of registration† . The LRA 2002 has thus upheld overriding status of interests of persons in ‘actual occupation’, albeit curbing and clarifying the parameters within which the rights of occupiers can impinge upon purchasers . Now enshrined in LRA 2002, Schedule 3, paragraph 2, overriding interests of those in ‘actual occupation’ subsist as a glaring ‘crack’ in the mirror principle, despite the elucidation and qualification now provided. Analysis of the issues surrounding overriding interests and ‘actual occupationâ €™ is necessary to determine whether balance has been, or will ever be, achieved between purchasers and those in ‘actual occupation’. Within the ambit of Schedule 3, paragraph 2, occupancy itself is not overriding, but rather the interest the occupier has in the land he occupies has the potential to become overriding. Actual occupation, therefore, â€Å"is merely the trigger which activates the statutory protection† of the interest. The types of interest falling within its scope are not clarified, and judicial uncertainty has reflected this lack of clarity. The initial belief under the 1925 Act was that only proprietary rights in the full sense – enduring and capable of being transmitted – can override . In Ainsworth , Russell LJ said that a right for the purposes of s.70(1)(g) must â€Å"have the quality of being capable of enduring through different ownerships of the land† , thus relegating a beneficial interest under a trust to a minor interest which only registration will protect. Their Lordships drew a distinction between personalty and proprietary rights, the latter of which could only be eligible for overriding status. However, judicial uncertainty persisted in the aftermath of Ainsworth, with judges adopting â€Å"markedly differing attitudes to the rights in s.70† . Such a miscellany of interests as a right to rectify , a tenant’s right to buy under the Landlord and Tenant Act 1987 and an unpaid vendor’s lien were all held to fall within the ambit of s.70(1)(g), rendering reconciliation difficult with the notion that only strictly proprietary interests will suffice. Nevertheless, Schedule 3, paragraph 2 upholds application only to proprietary rights due to its clarification that the interest must be one â€Å"affecting the estate† . Following a move during the Bill’s debate to extend the categories of beneficiaries in actual occupation , the boundaries of Ainsworth are not immovable, and in the wake of the seminal case of Boland , beneficial interests under a trust are permitted overriding interests. In the latter case, a wife had an unregistered beneficial interest in the family home which her husband was the registered proprietary owner of. When the husband was unable to repay the mortgage loan, the House of Lords held that the wife’s beneficial interest was sufficient to amount to a proprietary interest in the land . Other successful interests include equitable leases and tenancies , estate contracts as options to purchase , and rights arising out of estoppel . It is accepted that an occupier’s interest must be fully enforceable and unencumbered at the date of the disposition of the land in order to be imbued with overriding status. In Mendelsohn , a mother had knowledge of a building society’s mortgage to her son for part of the purchase price of a property she also paid part of, and then she argued that she had an overriding interest due to her actual occupation. The Court of Appeal held that her knowledge of the mortgage equated to implied consent to being subject to the mortgage, thus estopping her claim by virtue of her silent representation . This had embellished the intrinsic quality of her right, thus precluding reliance upon ‘actual occupation’ to make it overriding. The concept of overreaching in a trust scenario renders an interest, which would otherwise be overriding, lost and unable to be empowered by ‘actual occupation’. Originally enshrined in s.2 Law of Property Act 1925, overreaching applies where there are two or more trustees in land. Upon disposition of the land, the beneficiaries’ interests are overreached and the sale monies go directly to the trustees, essentially detaching the beneficiaries’ interests from the estate. Although overreaching failed in Boland due to there being only one trustee, in Flegg overreaching occurred where a husband and wife were trustees in a house that they shared with the wife’s parents, who were beneficiaries under the trust. When the house was sold, the beneficiaries’ interests were overreached and the proceeds went to the trustees. As Lord Templeman surmised, â€Å"actual occupation is not an interest in itself† . The effect of overreaching is that purcha sers’ rights are subject to â€Å"the waywardness of actual occupation† if purchase is made from less than two trustees, thus placing purchasers in the precarious position of taking subject to beneficiaries’ rights upon transfer from one trustee. The ambit of ‘actual occupation’ envisaged by the Acts has been contentious since its inception in LRA 1925, resulting in a catalogue of jurisprudence concerning how exactly to ascertain actual occupation. Under s.70(1)(g), a purchaser was bound pro tanto, rendering occupiers’ interests overriding whether discoverable by a purchaser or not . Although the draft Land Registration Bill preceding the 2002 Act included a partial definition of actual occupation as being â€Å"physically present there†, the 2002 Act did not incorporate this provision, so actual occupation remains largely undefined . Had this provision been included, it would have given credence to Boland, where their Lordships made an uncompromising set of judgments observing actual occupation to comprise â€Å"ordinary words of plain English† and to constitute â€Å"a plain factual situation† . These judgments suggest that ‘actual occupation’ requires no â€Å"entitle ment in law† and that concepts of notice are irrelevant to actual occupation , thus bestowing occupiers with the ability to trump purchasers through the simple fact of occupation. LRA 2002 provides that an occupier cannot claim an overriding interest where the purchaser had â€Å"actual knowledge† of the occupation or where occupation â€Å"would not have been obvious on a reasonably careful inspection of the land† . This has introduced a notice-based test, radically altering the nature of establishing actual occupation and rebalancing purchaser and occupier. Purchases of unregistered land operate on the doctrine of notice, and although Lord Wilberforce compared notice to actual occupation in Boland , he rejected the notion that it should be applied similarly, upholding the ‘absolutist’ factual test . However, the ‘constitutionalist’ view, considering notice as a context in which to interpret actual occupation, has come to the fore. Constitutionalism originates from the rule in Hunt v Luck , that occupation gives notice of the occupier’s rights, and the actual occupation rule was drafted to reflect this, albeit n ot giving effect to the full doctrine of constructive notice. The two approaches represent the conflicting interests of occupier and purchaser. The tension between the approaches is evident in Rosset , where Purchas LJ said that the individual’s overriding interest depended upon both physical presence and whether â€Å"appropriate inquiries made by the bank [would] have elicited the fact of her interest† . Although actual occupation fails to give credence to the full doctrine of notice, Mustill LJ said that â€Å"even if constructive notice no longer applies in this field, the old law still gives a flavour to the new† . Rosset created a tentative balance between the approaches to actual occupation, leaving the conflict unresolved until the inception of the LRA 2002. Nevertheless, a notice-based test of occupation can be elicited from Schedule 3, paragraph 2, serving to burden both purchaser and occupier. For purchasers, a burden is imposed to inquire of persons in actual occupation â€Å"what rights he or she has in the land† . This duty is unsatisfied via simple inquiry of the vendor, as â€Å"reliance on the untrue ipse dixit of the [vendor] will not suffice† ; inquiry must be made of actual occupiers to take free of their interests. The notice approach also burdens occupiers, however, as failure to disclose interests when inquired revokes the right to receive overriding status . Although this redresses the balance between occupier and purchaser, it may be unreasonable to bind occupiers to surrender interests in the contingency that, as Dixon submits, â€Å"the right-holder knows that the consequences of disclosure will be the loss of the family home† . It is clear then, that the contemporary approach taken to determining questions of actual occupation under Schedule 3, paragraph 2 â€Å"expresses a decisive and unquestioned policy choice in favour of purchasers† . In establishing the intricacies of actual occupation, the abundance of litigation under the 1925 Act provides guidance. Although occupation must be intentional and ongoing, it is not precluded by â€Å"a temporary and fortuitous absence† . In Chhokar v Chhokar , a woman giving birth remained in actual occupation of her home during her confinement in hospital. However, a pattern of substantial absence will prove fatal to a claim of actual occupation . Discontinuous occupation owing to regular and routine absences also fails to preclude actual occupation, as in Tizard a homeowner was in actual occupation of her house despite living at her sister’s house for two nights per week. This lack of constancy allows occupiers enforceability of their interests without adhering to stringent standards of occupation. Judicial opinions are divergent regarding an individual occupying land through an agent. In Caswell, a stepfather could not claim actual occupation through his stepdaughter staying in the property as his agent. However, in Rosset , the presence of builders working on the house was sufficient for the owner employing them to be in actual occupation. Conversely in Lloyd v Dugdale , an individual could not claim an overriding interest if occupation was effected through a company owned by that individual . This instils in interest-holders the requirement to be the party in actual occupation for their interest to be overriding. Preparatory acts prior to taking occupation are insufficient in procuring actual occupation, as laying carpets and installing furniture in Cann failed to amount to actual occupation. Cann additionally clarified the stage at which individuals must be in actual occupation as being at the moment the transfer is executed, rather than the moment of registration. This is now supported by LRA 2002, which expressly states that interest and occupation must subsist â€Å"at the time of the disposition† . This precludes individuals from occupying land post-purchase but pre-registration and claiming overriding interests against purchasers, thus holding purchasers’ interests above those of occupiers. It is now established that certain persons are excluded absolutely from actual occupation. A wife was once thought to be a mere â€Å"shadow† of her husband’s occupation, and although discredited in Boland, the same concept was adopted in Robinson to define children, even if beneficial owners under a trust, as being in â€Å"shadows of occupation of their parent† . The rationale for this was that no enquiry could be made of children, especially those of tender years , which has been roundly criticised as â€Å"curiously at odds with reality† . The Robinson judgment undoubtedly favours the interests of purchasers, by completely refusing to acknowledge a potential source of overriding interest. Where an individual owns rights over an area greater than he is in actual occupation of, Ferrishurst v Wallcite offers guidance. In that case, an option to purchase the lease of land greater than the area in actual occupation was held to be overriding. This decision heavily burdened purchasers and extended overriding interests for occupiers, and as an attempt to rebalance the relationship, the LRA 2002 has reversed this decision, providing that any interest protected by occupation is restricted to the land which is actually occupied . As Dixon concludes, â€Å"the legal extent of the interest that overrides is to be co-terminus with the extent of the actual occupation† . The protections afforded to both occupier and purchaser have made for an edgy equilibrium throughout the evolution of overriding interests in relation to actual occupation, but always the law has struggled to balance the disparities in this relationship. Although purchasers have historically faced hardship in overcoming the â€Å"intermediate, or hybrid, class† of overriding interests wielded by occupiers, their position has been improved somewhat by the evolution of both statutory and common law. However, the interests of the two parties have yet to achieve legal equivalence. The very existence of overriding interests has been labelled as â€Å"disquieting† for purchasers, not least because indemnity cannot be awarded to a purchaser trapped by such an interest . This has placed purchasers on an uphill struggle to have their interests judicially and statutorily recognised and accorded significance that endures today. Solace lies at the advent of compulsory e-conveyancing, promoted heavily by the 2002 Act, which envisages synchronicity of disposition and registration in land transfers . This development will render many equitable interests unprotected unless registered, despite being currently overriding upon actual occupation. Schedule 3, paragraph 2 will then be restricted only to the protection of those occupiers’ interests which arise informally, through resulting or constructive trusts or through estoppel , effectively narrowing an occupier’s ability to override registration. The underlying and pervading expectation that overriding interests will eventually be drawn onto the Land Register through positive registration will ultimately abolish the subsistence of occupiers’ unregistered and overriding interests upon a transfer of registered land which so adversely affects purchasers. Bibliography Gray Gray, Core Texts: Land Law (4th edn, 2005, OUP) Green Cursley, Land Law (5th edn, 2004, Palgrave Macmillan) Martin, EA (ed.), Dictionary of Law (2003, OUP) Smith, R, Property Law: Cases and Materials (2nd edn, 2003, Longman) Thomas, M, Blackstone’s Statutes on Property Law 2005-2006 (13th edn, 2005, OUP) Thompson, M, Modern Land Law (2nd edn, 2003, OUP) Bogusz, B, â€Å"Bringing Land Registration into the Twenty-First Century – The Land Registration Act 2002† MLR 2002, 65(4), 556-567 Dixon, M, â€Å"The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment† Conv. 2003, Mar/Apr, 136-156 Kenny, P H, â€Å"Children Are Spare Ribs† Conv. 1997, Mar/Apr, 84-85 Pascoe, S, â€Å"Triumph for Overriding Interests† Conv. 1999, Mar/Apr, 144-149 Smith, R J, â€Å"Overriding Interests and Wives† (1979) 95 LQR 501 Sparkes, P, â€Å"The Discoverability of Occupiers of Registered Land† Conv. 1989, Sep/Oct, 342-354 Tee, L, â€Å"The Rights of Every Person in Actual Occupation: An Enquiry into section 70(1)(g) of the Land Registration Act 1925† (1998) 57 CLJ 328 â€Å"Remedies: No Overriding Interest† P.L.B. 2002, 22(7), 52 Law Commission, Land Registration for the Twenty-First Century (1998) Law Com No 254 Joint Law Commission and HM Land Registry Report (2001) Law Com 271 Boone, K (2004), Actual Occupation. Retrieved on 19th November 2005 from the World Wide Web: http://law.web-tomorrow.com/twiki/bin/view/Main/ActualOccupation Research Papers on Fundamentals of Land Law Essay - Striking a BalanceRelationship between Media Coverage and Social andBringing Democracy to Africa19 Century Society: A Deeply Divided EraWhere Wild and West MeetCanaanite Influence on the Early Israelite ReligionUnreasonable Searches and SeizuresInfluences of Socio-Economic Status of Married MalesThe Project Managment Office SystemIncorporating Risk and Uncertainty Factor in CapitalCapital Punishment

The Seismoscope Is One of the Great Chinese Inventions

The Seismoscope Is One of the Great Chinese Inventions There are few things more disconcerting than the sensation of the seemingly-solid Earth suddenly rolling and pitching beneath ones feet. As a result, humans have sought ways to measure or even predict earthquakes for thousands of years. Although we still cant accurately predict earthquakes, humans have come a long way in detecting, recording, and measuring seismic shocks. This process began nearly 2000 years ago, with the invention of the first seismoscope in China. The First Seismoscope In 132 CE, inventor, Imperial Historian, and Royal Astronomer Zhang Heng displayed his amazing earthquake-detection machine, or seismoscope, at the court of the Han Dynasty. Zhangs seismoscope was a giant bronze vessel, resembling a barrel almost 6 feet in diameter. Eight dragons snaked face-down along the outside of the barrel, marking the primary compass directions. In each dragons mouth was a small bronze ball. Beneath the dragons sat eight bronze toads, with their broad mouths gaping to receive the balls. We dont know exactly what the first seismoscope looked like. Descriptions from the time give us an idea about the size of the instrument and the mechanisms that made it work. Some sources also note that the outside of the seismoscopes body was beautifully engraved with mountains, birds, tortoises, and other animals, but the original source of this information is difficult to trace. The exact mechanism that caused a ball to drop in the event of an earthquake also is not known. One theory is that a thin stick was set loosely down the center of the barrel. An earthquake would cause the stick to topple over in the direction of the seismic shock, triggering one of the dragons to open its mouth and release the bronze ball. Another theory posits that a baton was suspended from the lid of the instrument as a free-swinging pendulum. When the pendulum swung widely enough to strike the side of the barrel, it would cause the closest dragon to release its ball. The sound of the ball striking the toads mouth would alert observers to the earthquake. This would give a rough indication of the earthquakes direction of origin, but it did not provide any information about the intensity of the tremors. Proof of Concept Zhangs wonderful machine was called houfeng didong yi, meaning an instrument for measuring the winds and the movements of the Earth. In earthquake-prone China, this was an important invention.   In one instance, just six years after the device was invented, a large quake estimated at a magnitude seven struck what is now Gansu Province. People in the Han Dynastys capital city of Luoyang, 1,000 miles away, did not feel the shock. However, the seismoscope alerted the emperors government to the fact that a quake had struck somewhere to the west. This is the first known instance of scientific equipment detecting an earthquake that had not been felt by humans in the area. The seismoscopes findings were confirmed several days later when messengers arrived in Luoyang to report a major earthquake in Gansu. ChineseSeismoscopes on the Silk Road? Chinese records indicate that other inventors and tinkerers in the court improved upon Zhang Hengs design for the seismoscope over the centuries that followed. The idea seems to have spread westward across Asia, probably carried along the Silk Road.   By the 13th century, a similar seismoscope was in use in Persia, although the historical record does not provide a clear link between the Chinese and Persian devices. It is possible that the great thinkers of Persia hit upon a similar idea independently.

Nestle Case Study Essay Example | Topics and Well Written Essays - 2000 words

Nestle Case Study - Essay Example The paper will eventually conclude by offering recommendations based on the analysed findings, which will help in solving strategic problems that affect the company. Introduction The history of nestle company began in 1860s when a trained pharmacist named Henri Nestle began researching for healthy economical alternatives to breastfeeding for mothers who could not lactate due to various reasons. Henri Nestle began by carrying out experiments of various combinations of cow’s milk, sugar and wheat flour with an aim of curbing the problem of infant mortality caused by malnutrition. The outcome of Henri’s combination was called the New Product Farine Lactee Henri Nestle (Klopping, 2013). Nestle’s first customer was a premature infant who could not consume the breast milk or any other conventional substitute, and even the physicians could not solve the infant’s case. The infant’s positivity towards Henri’s food exposed the product to the people who had earlier had negative perceptions towards the product. The company began adding chocolate to its food lines and from then on, the product hit the European market. In 1874, Jules Monnerat purchased Nestle Company, and it began condensing its own milk production in order to compete with its then competitor the Anglo-Swiss Condensed Milk Company (Klopping, 2013). However, the rivalry ended when the two companies decided to merge in 1905. The newly formed company operated in Britain, Spain, USA and Germany, but several years down the line, the company ventured Far East towards Australia, India, Hong Kong and the general pacific. The onset of world War I brought along severe disruptions that interrupted the smooth running of businesses. For instance, acquiring raw materials and distributing products became extremely difficult leading to shortages in food supply, which led Nestle to purchase several factories in the US so as to meet up the demand for condensed milk and dairy products. This fostered business boom and by the end of the war, Nestle had made a good fetch. After the end of the World War, milk became available and the situation, combined with post War economic recovery led Nestle into dept slip. However, the company through the help of a baker strategized on ways to reduce debts, and in 1920, the company came up with another product line of new chocolate and powdered beverage product. In 1930, Nestle invented Nescafe and Nestea, which hit the market throughout even in the onset of World War II because Nescafe became a favourable beverage for servicemen in Europe and Asia (Smith, 2007). In 1947, the company continued to portray its progress by merging with Alimentana, a soups and seasoning manufacturing company. Prior to the food market, the company expanded by becoming a major stakeholder in L’Oreal cosmetics by the year 1974, but the progress was cut short later when Nestle suffered due to global economic crisis like hiking oil prices, unstabl e exchange rates, and the rise of raw material prices that included beans and cocoa. The situation forced Nestle to venture into Alcon Laboratories, Inc. In turn of events, Nestle’s food products faced an international boycott. The boycott arose after the company introduced its products to the developing countries where illiteracy was high and the misuse of formula was misused. Most mothers from these