Sunday, October 13, 2019

King Leopolds Ghost Essay -- essays research papers

Book Review of King Leopold's Ghost, by Adam Hochschild   Ã‚  Ã‚  Ã‚  Ã‚  What some have considered to be the first international scandal of the modern era took place in the Congo from 1890 until 1910. King Leopold II of Belgium was at the head of this so-called scandal. Although Europe and the rest of the world seemed to have forgotten the victims of these crimes, there is a considerable amount of material to use when attempting to recreate the horror that took place in Leopold's Congo. This is exactly what Adam Hochschild is attempting to do by writing this book. By using the written words of mostly Europeans and Americans, which creates a distorted view of history, he wants to show that the Holocaust type event that took place in the Congo is something that should never be forgotten in our history. Hochschild also wants to show the heroism that took place afterwards in what became the first human rights movement of our time.   Ã‚  Ã‚  Ã‚  Ã‚  Hochschild does an excellent and detailed job of showing how clever and cunning (like a fox) Leopold was in obtaining and maintaining his hold in the Congo. Early on Leopold became obsessed with the idea of colonies and the profit that they could bring to his country. In the beginning he did not attempt to cover-up this ambition, but soon realized he needed to in order to have the approval of those countries around him. The metaphor Hochschild uses to explain Leopold's venture into the Cong...

Saturday, October 12, 2019

Tribunals Essay -- essays research papers

President Bush's decision to consider establishing military tribunals to prosecute accused terrorists has set off a major debate on civil liberties in the United States. Supporters argue that such a measure is a constitutional necessity to address terrorism of an unprecedented scope. Opponents claim that the tribunals would undermine the rule of law and deprive defendants of the protection provided for in the American system of justice. My research and personnel experience on the subject has found the tribunals to be in direct accordance of what the President of the United States his charged to do. It’s the duty of the President to ensure the safety of all citizens. The tide of war has changed dramatically within the past twenty years with our enemies becoming more and more invisible. As the country as changed throughout history, this latest change on how we deal with our enemies is just another positive step in the right direction. The tribunal rules do not violate establish ed criminal justice procedures because it does not target crimes usually prosecuted by the civil criminal justice system. A military tribunal or military commission is a court-like forum that is created within the military to try a person accused of crimes. It is authorized by the U.S. Constitution and the Uniform Code of Military Justice (UCMJ), which is a federal law (Title 10, United States Code, Chapter 47) passed by Congress. The great majority of the UCMJ is devoted to the rules concerning the trial of U.S. service personnel by court-martial. Article 21, UCMJ, however, provides authority to convene other military tribunals. Some individuals in the military could argue that members are held to a different criminal justice system than civilians. Most crimes not prosecuted by civil systems like adultery are prosecuted in the military and can lead to jail time. You will never here complainants because members of the military understand they are held to a higher standard than their civilian counterparts. With higher standards there is always a higher cost to pay when you violate them. A military tribunal is essentially a court-martial, or a military trial, during a time of war. The rules of evidence that are in the civilian criminal trials do not apply. The tribunal ordered by Bush would target non-U.S. citizens suspected by the White House to be terrorists. The issue most people hav... .... The decision President Bush mad is the correct one and is proven with the response by Americans. More than fifty percent of American support tribunals and the war on terrorism. We have to learn that these people want to kill us not steal out televisions. This is a war and in war sometime we have to adjust when our enemies throw curve balls at us. In effect, what the critics of military tribunals would have the President do is turn enemy belligerents over to civilian law enforcement authorities for prosecution. To do so, however, would not only be unprecedented, but would set a horrifically bad precedent. I support the tribunals and believe it does not violate established criminal justice procedures in place in the United States. We as a country have to accept the necessary changes to ensure the survival of our culture and way of life. REFERANCE Draft of Tribunal Rules Would Require Public Trials, Death-Penalty Unanimity By Jess Bravin. Wall Street Journal. (Eastern edition). New York, N.Y.: Dec 28, 2001. pg. A.18 http://archives.cnn.com/2001/LAW/12/06/inv.tribunals.explainer/index.html http://writ.news.findlaw.com/dean/20011123.html

Friday, October 11, 2019

Disney: An organisational culture Essay

Purpose The purpose of this paper is to discuss the corporate culture of Disney. Within the discussion, a number of topics will be addressed that include: formal statements prevalent in the organization and their impact to the organization, a description of the environment and the statement it makes relative to the organization, the types of language or sayings used in the organization, the type of role modeling, training and teaching that is emphasized, rewards used to motivate employees, stories and legends that are familiar to employees and customers, outcome measures used by leaders within the organization, how leaders respond to critical incidents or crisis, workflow and organizational structure, an evaluation of organization systems and procedures and the types of organizational goals and associated criteria used for the selection of employees. Disney philosophy The mission of The Walt Disney Company is to be one of the world’s leading producers and providers of entertainment and information. Using their portfolio of brands to differentiate their content, services and consumer products, they seek to develop the most creative, innovative and profitable entertainment experiences and related products in the world (Disney.com). This mission statement originated from the original business philosophy of Walt Disney which was: (a) quality will out! (b) give the people everything you can give them; (c) keep the place as clean as you can keep it; (d) keep it friendly; (e) make it a fun place to be (Johnson, 1991). According to Rick Johnson in his article A Strategy for Service (1991), Walt Disney was committed to the single goal of creating happiness for customers whom Walt called guests. He knew that if guests were happy, they would return. Disney also understood that one bad guest experience or disappointment would conversely keep that guest from returning. The focus of Disney corporate culture is guest driven service. In order to ensure there is no deviation from the goal, Disney has created a corporate culture in which the employees or â€Å"cast members† live while at work. It is the Disney way of life which places service to guests above all else. Disney’s legendary customer service is so renowned that today, companies from all areas of business engage in Disney training to improve their customer service. Another key element of Disney culture is to foster creativity and to sustain innovation (Lynch 2001). Disney knew that when employees were encouraged to â€Å"think out of the box† and that their ideas were respected, they would consistently deliver. Disney was known for seeking input from all levels within the organization because he believed good ideas could come from anywhere. The Disney environment Disney opened his first theme park in 1955. His goal was to provide a good show through themed entertainment. Disney essentially transformed his legendary animated movies into reality. The entire park became a stage filled with props and actors. When guests entered Disneyland, they were no longer the audience; they became part of the show. In order for this to be successful, Disney understood he had to control the environment so to speak so that the experience was replicated. He believed that by controlling the environment, the reactions of the guests within the environment could be predicted (Johnson 1991). Disney also understood he had to control the response of his employees to the guests. Being a director and movie-maker, Disney’s view was that it would not be unlike controlling the action in a play or movie in which the cast members have a script and an expected set of actions. Disney took this philosophy a step further by making every employee a cast member. Cast members have a script and a set of standards that are acted out every time they go to work at a Disney location. It is easy to understand why Disney was so successful in consistently delivering the Disney experience. Disneyspeak corporate language Disney created an entire corporate culture by transforming his movie productions into real life experiences for people. One of the ways in which Disney was able to accomplish this feat was by expressing his expectations through the development of a unique corporate language referred to as â€Å"Disneyspeak† (Edginton, 1998) that set the stage and expectations for his vision. In the world of Disney, people were no longer customers, they became guests. Disney teams were charged with the study of â€Å"guestology† (Johnson 1991) which was to develop programs and actions that would consistently exceed guest expectations. Employees became cast members who are literally cast in a role for daily performance (Edginton, 1998) designed to create â€Å"magic moments† for the guests. All of this conveys the message that guests are at the center of all actions and interactions. Cast members understand that attention to detail is critical and that their role is to â€Å"sell the vision† to every guest. Disney empowers cast members with the service theme of â€Å"creating happiness† and provides extensive training, communication and support systems to ensure cast members can make the best decision with every guest encounter (Johnson 1991). Role modeling, training and teaching It seems that Walt Disney is established upon the training, teaching and role modeling among their employees to have good customer service. Everyone who has ever been to a Walt Disney theme park is often warmly welcomed by greetings from such role models handed down through the years to children and adults alike of characteristics like those of Mickey Mouse, Goofy and Donald Duck. These three characters are the main role models of how the rest of the staff should be trained and taught to handle their guests at the Disney Park it appears. This example is not to say that their reputable service is necessarily grounded in stone rather it is ever evolving based upon the premise of their well-known hospitality. The whole concept of their welcoming practices seem to revolve around what their guests would expect and is developed through this whole company as a result of the efforts pertaining to their Public Relations. Employee rewards and recognition Some of the incentives and rewards that the managers and staff receive are warm and generous letters from their visitors and guests as evidenced by the following statements. â€Å"Staff members at Disney receive plenty of training, support, and recognition from their leaders and they don’t stay around long if they don’t buy into the Disney culture† (Amusement Business, Vol. 115 Issue 49, p3, 2p). â€Å"A great deal of passion goes into training and that results in happier employees†, so it seems that the rewards and status symbols that are used to motivate the employees of Disney is a culture and tradition of understanding and compassion that are handed down from employee to employee based on the Disney model throughout the years. In addition to the compassion and understanding, there is much room for growth and promotion as an incentive for those who work hard and do well. Weiss, one of the head managers at Walt Disney walks through the park among the buying public guests to make sure that everything is going smoothly. Additionally, he strives to make himself as accessible to his employees at Disney as possible which helps to promote the communication among the employees that they are working in a compassionate and understanding environment. His style of management functions as incentives and rewards which motivate the Disney staff. Disney legends The Walt Disney collections, Walt’s masterworks, and Walt’s thought are among the stories, legends, and myths familiar to employees and customers. The story of Pinocchio was heartwarming of a unique friendship. The artwork picture of Pinocchio underlined Walt’s belief of designing his animated characters to look real as if they were made of flesh and blood. The animation of â€Å"Bambi† was an interesting picture which took over Pinocchio. Bambi, a deer, was an animated character with an anatomy. The animation of Bambi was an improvement in quality of artwork in all his pictures. Bambi’s mother who was killed off-screen is remembered as one of the most powerful moments of any Disney film. The Golden Age of Animation (1937 – 1942) also called the â€Å"creative explosion† marks the most creative periods in the history of Disney Studios on animation motion pictures. The release of â€Å"Snow White and the Seven Dwarfs† and â€Å"Bambi† films during this five year period remain the most memorable periods in history and a lasting tribute to the remarkable career of Walter Elias Disney. In a study by the Canadian Journal of Psychiatry, children who watch animated films produced by Disney Studios are exposed to a greater incidence of mental illness than they may have experienced if they had watched similar films on TV (Lawson, and Fonts. 2004). Organizational activities, processes and outcome measures In its efforts to uphold excellence, and integrity in all its professional relationships, Walt Disney undertakes the following business activities described below. The Disney Studio Entertainment is the foundation on which the Walt Disney Company was built. The Studio Entertainment is known for its rich legacy of quality creative content and exceptional storytelling. At the heart of the Studio Entertainment are the renowned animated features and live-action motion pictures. The Studio Entertainment distributes its pictures under Walt Disney Pictures, Touchstone Pictures, Miramax Films, and Buena Vista Home Entertainment. The Disney name has now become associated with quality entertainment for the whole family. The Disney Parks and Resorts has become one of the most popular amusement parks known to tourists in recent times. It is the home of the Disney’s beloved characters-Mickey Mouse, Pinocchio, Cinderella and the whole lot. Among the Parks and Resorts are Disneyland in Anaheim, California, Disneyland in Orlando, Florida, Tokyo Disney Resort, and Disneyland Resort in Paris. In all, there are 10 theme Parks on three continents with the 11th Park in Hong Kong to be opened in September 2005. In addition, 35 resort hotels and two luxury cruise ships is part of entertainment offerings in Hong Kong. The Disney theme parks and resorts celebrate Disneyland 50th Anniversary, an 18 month celebration which is scheduled to begin May 5, 2005. The Disney Consumer Products began merchandising in 1929 with the appearance of Mickey Mouse on the cover of a children’s writing tablet. Among its products are apparel, toys, home dà ¯Ã‚ ¿Ã‚ ½cor, and books to interactive games, foods and beverages, electronics and fine art. DisneyStore.com and Disney catalog are the direct marketing tools used by Walt Disney Company. Disney Media Networks include the television, radio, cable, and the internet landscape. ABC entertainment, ABC Daytime, ABC News, and ABC sports appear on the television media. For the cable network are Disney channel, ABC Family, and Toon Disney. And for the radio media are Radio Disney and ABC News Radio. A fund with the American Red Cross has been set up by the Walt Disney Company with an initial donation of one million dollars and having its employees as contributors. The first quarter of 2005 financial results for the Walt Disney Company will be announced live beginning Monday January 31, 2005 at 4:30pm (E ST) through February 7, 2005 at 4:00pm (PST). Disney leadership reaction to critical incidents and crisis The Business leaders at Walt Disney pay attention to the world around them almost as much as they mange their organization. In doing so, DisneyHand a worldwide outreach of The Walt Disney Company brings the magic of Disney to those affected by incidents beyond their control. Along with cast-members (called Disney VoluntEARS), outreach helps in the areas of compassion, partnering with organizations that serve children, families, or others facing crises. In fiscal year 2004, DisneyHand donated more than $165 million in cash. Disney VoluntEARS also contributed more than 450,000 hours to help that in need (Business Wire 2001). In September 2001, DisneyHand committed to contributing 5 Million Dollars to the DisneyHAND Survivor Relief Fund. (Business Wire 2001) These donations went to providing assistance to victims and their Families of the New York and Washington D.C. 9/11 attacks. In doing so, Disney and DisneyHand display a culture of empathy and solidifies its corporate culture of ethical practices, and giving to the community. DisneyHand also creates the perception of an organization interested in more then just making money. The Disney staff embraces a philosophy that when they react to the incidents that happens around them, they can help in the best way with their own contributions. Workflow and organizational structure Workflow can be defined as the process used by an organization to manage operational task. McShane and Von Glinow define â€Å"Organizational structure as the division of labor as well as the patterns of coordination, communication, work flow, and formal power that directs organizational activities† (McShane & VonGlinow, 2003, p. 506). The workflow and structure of an organization helps to define week or strong organizations. Disney’s main strength comes from its organizational structure and workflow of managing the process of creativity and innovation. In doing so, they foster a culture that ensure controlled risk taking. Walt Disney has a structured methodology in its workflow and organizational structure. To ensure all employees and the organization follow this physiology, Disney uses the following five phased model: 1. Define the Culture – For the Organization and In every venture taken a. If a new theme ride is proposed, does the attraction fit within the Disney Culture 2. Align the ideas – To the Organizational Mission Statement and Strategic Direction a. Does a new movie or show parallel Disney’s Vision, Mission, and or Strategic Plan 3. Design the Process – Where ideas flow easily from conception to deployment a. Disney has open lines of communication between all employees from the CEO to a part time worker 4. Refine the Product of Service – Continually improve the idea a. Disney is always asking their customer what they can do to enhance their products. Then they add these enhancements to meet customer expectations. 5. Create Fail Safes – Embrace the concept of successful failures a. At Disney there are no bad ideas, and ideas that are not successes in the market place are opportunities to learn what the customer wants Organizational systems and procedures The Walt Disney Company incorporates Business Standards and Ethics training into its system to provide education and training for domestic and international employees. Disney wants to insure that all of its employees act ethically and legally, and remain in compliance with the company’s Standards of Business Conduct. Disney works towards keeping its communication open among its staff. Disney believes that open communication creates better teamwork and a healthy environment. According to Risk Management Society Publishing Inc. (1993), â€Å"Walt Disney has one of the most sophisticated risk management programs in the US. Disney has a separate loss control, safety, environmental health and industrial hygiene departments. All Walt Disney facilities worldwide are equipped to handle these functions in one form or another.† Walt Disney still holds true to its core mission that it started with, and that is providing quality entertainment for everyone around the world. In a quote from the Vice President and Principal Creative Executive at Walt Disney Imagineering, Sklar (2003) states â€Å"From the beginning, starting with Walt Disney, we have had five things that make me proud to be part of this Company: high-quality products, optimism for the future, great storytelling, an emphasis on family entertainment and great talent, passion and dedication from our Cast Members.† Disney’s values are their driving force that makes them retain the trust of the public and their shareholders. Those values are innovation, quality, community, storytelling, optimism and decency. Employee selection and replacement Walt Disney is committed to treating their employees and cast members with fairness, dignity, and respect. Disney provides equal opportunity for everyone without regard to race, religion, color, sex, sexual orientation, national origin, age, marital status, or any of the other basis that are prohibited by state or federal law. Disney strives to help their employees develop and advance based on their abilities. They want to be able to attract and maintain an employee work force that is reflective of their guests, business partners, shareholders, and communities where they do business. They also want open opportunity so that everyone is advantaged based on their potential and never disadvantaged because they are part of a certain group or class. Disney strives to maintain an organization that is diverse and professional. Conclusion Walt Disney is a company that stands behind its name and its employees. Disney devoted his life to creating magic moments for his guests through the highest level of customer service. Walt Disney is devoted to environmental causes through conservation, action, and education. They are also committed to the highest standards of business excellence. The Disney Corporation is made up of six components, which help them remain consistent in the business standards that they have set for themselves. The six components of their business are their Business Standards and Ethics guidelines, corporate governance, community, environment, international labor standards, and safety.    References Business Wire Sept 18, 2001 p0018: BURBANK, California. Disney Online retrieved January 25, 2005 from http://corporate.disney.go.com. Edginton, D. (April 1998). The magic of management. Des Moines Business Record, 94,15, 10-12. Retrieved January 25, 2005 from EBSCO Database University of Phoenix Apollo Library. Lawson, A. & Fonts, G. (2004). Mental Illness in Disney Animated Films. Retrieved January 29, 2005, from EBSCO database University of Phoenix Apollo Library. Johnson, R. (September/October 1991). A strategy for service – Disney style. The Journal of Business Strategy, 13,5, 38-44. Retrieved January 26, 2005 from EBSCO database University of Phoenix Apollo Library. Lynch, L. (2001). Sustaining innovation Walt Disney instilled how. T &D, 55,6, 44-50. Retrieved January 26, 2005 from EBSCO database University of Phoenix Apollo Library. O’brien, T. (December 2003). Weiss sees employees as Disney’s Magic Makers. Amusement Business, 00032344, 12/8/2003, Vol. 115, Issue 49. Risk Management Society Publishing Inc. (1993). Risk Management, April (1993). 40, 31. Retrieved January 29, 2005, from InfoTrack One File University of Phoenix,Apollo Library. Sklar, M. (2003). Retrieved from The Walt Disney Company website on January 29, 2005, from http://corporate.disney.go.com.

Thursday, October 10, 2019

Questions for Stuff

1. What issues divided the Whigs and Democrats? How did the Panic of 1837 and its aftermath solidify the Democratic and Whig parties? How did the massive immigration of the 1840s influence the balance of power between the Whig and Democratic parties? 2. In what ways did the concept of Manifest Destiny affect the foreign and domestic policies of the US in the years 1840-1850? What economic and political forces fed westward expansion during the 1840s? 3. Why did Americans settle in Texas? How did it become an independent country in 1836? 4. Why did the U. S. wait until Tyler’s final days in office to annex Texas?What problems did the annexation of Texas bring to the country? 5. What were the countries that claimed the Oregon territory? How was the dispute eventually settled? 6. What were the arguments that both sides employed for and against going to war with Mexico? 7. How did the acquisition of the Mexican Cession spark a national debate? 8. To what extent did the Compromise o f 1850 represent a genuine meeting of the minds between northerners and southerners? How, specifically, did the controversy over enforcement of the Fugitive Slave Act contribute to the undoing of the Compromise? 9.Why did the Whig Party collapse in the wake of the Kansas-Nebraska Act? Why did the Democratic Party not collapse? 10. How did the outbreak of conflict in Kansas influence the rise of the Republican Party? 11. Why is John Brown's raid on Harper's Ferry considered a significant historical event? 12. What led southerners to conclude that the North was bent not merely on restricting territorial slavery but also on extinguishing slavery in southern states? 13. What was the platform of each party in the election of 1860? Why did Lincoln win? 14. How would YOU explain the causes of the Civil War?

Wednesday, October 9, 2019

Explore how chapter 56 in ‘Pride and Prejudice’ fits into the overall scheme of the text Essay

What social comments do you think Jane Austen is making in this chapter? Pride and Prejudice was written by Jane Austen in 1813. The novel describes and exaggerates the life in which in Austen lived. The title Pride and Prejudice refers to the ways in which Elizabeth Bennet and Mr. Darcy first view each other. The story involves the lives of many different classes and how they interact with each other; it is also informing us of the way certain types of people were treated in those days. Near the end of the novel, Lady Catherine de Burgh comes to visit Elizabeth to try and persuade her not to marry Darcy. I will explore this chapter to find out what social comments Austen tries to make throughout the novel about the world she lived in. Chapter 56 is a summary of the whole novel. Lady Catherine has come to see Elizabeth to make her withdraw her acceptance of marriage to her nephew, Mr. Darcy. Lizzy is shocked by these accusations, as she has heard nothing of the sort, so wonders where Lady Catherine heard the rumours. She is the type of person who thinks that everybody’s business is her own because she is of the higher class. It has been planned since Darcy and Lady Catherine’s daughter were born that they were to be wed and now she hears of Darcy proposing to another lady has outraged her. That is why she has come to visit Elizabeth to stop her marrying Darcy. From the moment lady Catherine arrived she was very rude and not welcoming. She says things such as, ‘you have a very small park here,’ and ‘this must be a most inconvenient sitting room.’ As soon as she entered the Bennet’s home she made no effort on being civil or polite to their family. If Elizabeth were to behave in this manner when she was at Rosing’s it wouldn’t have been tolerated in the slightest. The only reason Lady Catherine gets away with it is because she is a lady and very rich and of the higher class. Anyone who was below her would put up with her behaviour because it was not his or her place in those days to accuse her of being impolite. Jane Austen grew up in this world where the rich people were almost the celebrities of the day. In our world famous people have the money, the expensive cars and clothes and a celebrity status, where the public would stop and look at them and always aspire to be like them. In Austen’s time it was very much the same but the lower classes and even middle were always looking up to the higher classes and admiring them. This is why people with the money could be as rude and stuck up to people as they wanted because in the end they were the ones with the power and the money to do what they wanted. Lady Catherine’s reason for visiting Elizabeth was not what the family had thought. Elizabeth expected a letter from Charlotte yet no letter was given. Instead Lady Catherine remarked upon a, ‘prettyish kind of a little wilderness on one side of your lawn.’ Again she is not really being as polite as she could have been about the garden. From this point Elizabeth realised that she wanted to be alone. She had realised that Catherine was again being very rude and stuck up and so made no effort to talk to her. Lady Catherine begins with, ‘ your own heart, your own conscience, must tell you why I come.’ Elizabeth doesn’t have any idea what she is talking about. Lady Catherine talks about her conscience, which is showing that Lizzy is to feel guilty about whatever she has been accused of. She tells Lizzy that rumours have reached her that her and Mr. Darcy were to be engaged and says ‘though I know it must be a scandalous falsehood,’ Lady Catherine cannot comprehend this idea, to think that a middle class person such as Miss Bennet, who has no real connections, would even consider accepting an offer of this sort. Lady Catherine does not hold back on her true feelings about the subject and as Elizabeth has been brought up in the proper manner she has to respect her. Elizabeth soon becomes tired of her picking at everything that is wrong with her and her family and is not rude but stands up for herself. She asks Lady Catherine if the only reason they should not wed is because she wants him to marry her daughter, then what is there to stop her? She replies with ‘ honour, decorum, prudence, nay, interest, forbid it.’ This is the long list that she has against Lizzy. The social points she is trying to make is that in those days if a family were to have such a disgrace as Lydia’s elopement then no man should be interested in them, rich men such as Bingley and Darcy should marry same class or higher and that there were some very snooty people who would disagree with the association of certain families! They don’t have a lot of land so are not as wealthy and high class.families like this always tried to marry higher up. Need to put in that Bennett’s don’t have a lot of land or money so lady Catherine looks down. Not too sure how to say this fits in with the rest of the book or how the chapter does? Bit stuck but will be done properly when handed in; in neat it’s a promise

Reflective Log Assignment Example | Topics and Well Written Essays - 4000 words

Reflective Log - Assignment Example I learnt that reflective blogs are written as a self experience of the course; what was the most learning experience of each lectures; what things did we understand and what are the things that we still need to focus on. The blog was a part of term assessment that is why we also learned that in all formal sessions (lectures) we had to be present to ensure that we could learn about the details and write the blog. We would also use all these techniques in our dissertation module at the end of the semester. The start of the semester and the study was an indication of how it will end the semester. And over the course of time we have to select a research project for ourselves and then apply the same methodologies. During the lecture I also learned that there are three types of research that can be conducted, product based, empirical based and literature based. Product based are those research based on some software or hardware product. Empirical research is based on a new or old technique. Literature based is work based on reviewing some principles. The blog writing technique is new to me and I find it very interesting because it does not only convey the message of things learned but at the same time it is also a good revision to the course details and how to progress. The second lecture was taken by Alison Munn. The lecture was interesting and slighting long; it gave an insight to what are the steps that should be taken before we finalize the research topic and after. In order to get good material books should be referred, other blogs should be read, articles and newspapers and such related sites. But I found it a little hard to go through so much of material; however, what was helpful are that once we shortlist the topics of research the reading also becomes focus and more convenient. The reading was further narrowed by the fact that our level we should focus on the research material written by the researchers. This

Monday, October 7, 2019

Property Management and Law Essay Example | Topics and Well Written Essays - 2500 words

Property Management and Law - Essay Example The terms and conditions under said contract include full repairing obligation by the tenant and seven rent reviews for rent increases only. Brimsdown Spring pays its rents promptly and has abided by all terms and conditions, so far. The term is about to expire on 24 March 2011. In Smalls’ letter, he expressly requested for new tenancy that would include the same length of time as the existing one, but under more favourable terms to them: Landlord takes over responsibility over structure, roof and exterior of the building and; a reduction of the present rent of ?43,500 a year to ?37,500 a year. Mr Smalls also made mention of a newly constructed commercial estate nearby that leases units at ?37,500 a year. RECOMMENDATIONS The Landlord can answer the letter indicating his objection. Such exchanges of communication, however, are not official because they are not in the prescribed form. In the meantime, the landlord can wait for the tenant to formalise its request using the correc t form and oppose the application, or failing that, he can serve his own notice to quit and refuse a new tenancy before the end of 12 months following the expiration of the lease period. RATIONALE Part II of the Landlord and Tenant Act 1954 generally grants security of tenure to leases whose terms go beyond 6 months as implied under s 43(3)(a) of said Act, but this can be opposed by the landlord on any of the grounds allowed by law. This implies that security of tenure is applicable to Brimsdown Spring as a lessor, which further means that despite the expiration of the lease terms it will still be entitled to occupy the premises and continue the lease. Such continuity of lease despite the expiration of the lease period exists until the landlord serves it a notice to quit under s 25 and it serves a counter-notice to renew the lease or it initiates an application to request a new lease. In that case, the court decides for or against any of the parties. The tenant may also initiate the process by a request to renew the lease and the landlord either accepts it or opposes by going to court on any of the grounds allowed by law. In the case of Brimsdown Spring, the letter requesting for a new tenancy does not have any effect. It was not sufficient to serve as a request for new tenancy under the Landlord and Tenant Act 1954 because s. 26(3) thereof expressly states that the request shall not be effective if not contained in the prescribed form setting out the details of the proposals of the tenant such as the new period, the rent and other conditions. Under Schedule 1 of the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, a request for new tenancy must be made using Form 3 in Schedule II of the aforesaid Regulations. It can be noted in Form 3 that the date of which the proposed new tenancy begins to take place must be indicated whilst a list of the proposed new terms and conditions must be attached to it. Since Brimsdown Spring’s letter had no effect as a request for new tenancy, the Landlord is therefore, free to initiate the termination of the contract under s. 25 of the Landlord and Tenant Act 1954. The prescribed form for this is Form 2, or Landlord’s Notice Ending a Business Tenancy and Reasons for Refusing a New One,