The impact of Horsham Properties Group v Clark & Another Essay

The impact of Horsham Properties Group v Clark & Another - Essay Example Horsham Properties v Clark & Another The case of Horsham Properties Ltd v Clark & Another EWHC 2327 seeks to settle the issue as to whether s. 101 of the Law of Property Act 1925 violates a mortgagor’s rights over his property. The aforesaid provision grants the mortgagee the power, among others, to sell the mortgaged property in the event the mortgagee falls in arrear in the payment of his loan without prior court order of possession. In this case, the defendants obtained a loan from GMAC with their property located in Walderslade Road as security. When the defendants failed to pay their obligations, GMAC immediately assigned two receivers to handle the sale of the property subject of the mortgage. The property was subsequently purchased by Coastal Estates Ltd, which also sold the same to Horsham on the same day. Horsham immediately initiated court proceedings to dispossess the defendants of the property subject of the mortgage on the ground that their presence in the property is a trespass considering that the legal right of the property had already been transferred to Horsham by virtue of the sale. Although the fact that they were in arrears in the payment of their loan was not disputed, the defendants nevertheless, believed that the mortgagee had no right to dispossess them of their property and sell it without first obtaining any court order for the reason that this infringes their rights under the Human Rights Act of 1998 and the European Convention on Human Rights, particularly Article 1 of the First Protocol.... ssess them of their property and sell it without first obtaining any court order for the reason that this infringes their rights under the Human Rights Act of 1998 and the European Convention on Human Rights, particularly Article 1 of the First Protocol (A1FP hereafter). A1FP guarantees peaceful enjoyment of one’s possessions and prohibits their deprivation except in the public interest and with due process as provided by laws. The defendants argued that the relevant provisions of the LPA 1925 must be construed in such a way that they are made compatible with Convention rights and that therefore, the rights of the mortgagee under the LPA, particularly those laid down in s. 101, must be tempered by prior acquisition of corresponding court orders before they can be fully exercise. If this cannot be had, the defendants would like the court to issue a declaration of incompatibility. The Court refuted the defendants’ position and ruled in favor of the claimant. It held, inte r alia, that the sale of the property subject of mortgage by the mortgagee in a case where the mortgagor has defaulted does not engage Convention rights under A1FP and ss. 6 and 8 thereof. According to the Court, the right under A1FP is underpinned by â€Å"state intervention into private rights through overriding legislation,† which is not the case in the sale of mortgaged property by the mortgagee in the case when payments of the principal loan are in arrears. The sale in this case merely functions to implement the contract between and the expectations of the mortgagor and the mortgagee and does not amount to state intervention. The Court also pointed out that s 101(4) reinforces this implication by providing that the applicability of the provision is subject to a contrary term expressly provided by

Recycling Should Be Mandatory for Everyone Essay

Recycling Should Be Mandatory for Everyone - Essay Example Recycling is beneficial to the environment, is cost-effective and must be made mandatory in order to succeed. The environmental benefits of recycling are well-documented and beyond doubt. Recycling reduces the amount of waste sent to landfills and incinerators, conserves natural resources such as timber, water, and minerals, prevents pollution by reducing the need to collect new raw materials, saves energy, reduces greenhouse gas emissions that contribute to global climate change and helps create new well-paying jobs in the recycling and manufacturing industries in the United States (EPA). The common method of dealing with waste is landfilling. This method is an inefficient waste of resources: The EPA asserts that the largest single component of landfills is packaging material which is 100 percent recyclable. One out of every 100 pounds dumped in U.S. landfills consists of the highly recyclable junk mail. Landfills also contribute to global warming through the release of methane into the atmosphere and by the pollution of groundwater and waterways. Recycling is an efficient alternative to la ndfills. Contrary to popular perception, recycling is cost-effective. The major argument put forward by critics of recycling is that it is often comparatively more expensive than landfilling. This argument is highly misleading. As Edward Humes, the Pulitzer Prize-winning journalist and author says, â€Å"You could similarly argue that paying to go to the dentist is always more expensive than not going. Or that we sure could have saved on the military if only we had surrendered after Pearl Harbor rather than declaring war.† Critics of recycling conveniently fail to take into consideration the long term financial costs of addressing the costs of pollution caused by landfilling.                 Ã‚  

Corporate Culture Enhance Organisational Performance Business Essay

Corporate Culture Enhance Organisational Performance Business Essay Organization culture is a source of sustained competitive advantage; corporate culture plays a very important role in organisational performance. By reviewing existing documents of the organizational culture research, we make a study of the theoretic elements of organizational culture and analyse its effect on firms performance. The study in this paper gives us a better understanding on how enterprises get better performance and establish the foundation of the successful corporations. The Hewlett Packard case analysis from Kotter and Heskett (1992) had confirmed that strong corporate culture enhances organisational performance Key words Organizational behaviour, organizational culture, firm performance Competitive advantage, resources, synergistic effect Introduction A recent study (Fun Yun et al. 2003) has investigated that the development of modern management science has been through three stages: Classical Management Theory, Behavioural Science Management Theory, and Management Theory Jungle (Harold Koonty 1961). In early 1980s the fourth stage organizational culture has began, this phase focuses on how to apply the cultural research results to the enterprise management. Organizational culture as a modern enterprise management theory and management strategy are more and more sought after from the business community and the academic circles from whole world. Some scholars believe that the enterprise competitive advantage not only can be relied on its capacity also with its ability in the organizational culture. However, many studies have shown that, when determining unique characteristics of a company, culture can even be decided for which strategic to choose. According to the view of Barneys (1986), culture is the continuous strategy for enterprises to give them a competitive advantage of the resources. Achieve competitive advantage at least in part rely on capacity. Therefore, the enterprises research extends to the key ability and resources such as culture is meaning very important. This literature review is revolve around cooperate culture and to discuss the basic theory of organizational culture and corporate culture for the influence of enterprise performance. Literature Review 1 Organizational culture theory research evolution process of a brief review The concept of organization culture is acknowledged by Pettigrew (1979) in the article organizational culture research , and in 1982 attracted the attention of academic and business management circles mainly due to few books published: Ouchi (1981) theory z; Pascale and Athos (1981) the Japanese management art L6; Deal Kennedy(1982) corporate culture , Peters Waterman(1982) search of excellence. Since then, organization of culture has opened a new page and a lot of organizational culture research paper is constantly emerging by group of distinguished researchers as Ouchi, Hofstede, Sehein, Wilkins etc, they are excellent at the area of organizational culture in their respective areas of expertise and conducted successful research. After the 80s the academics and businesses were mainly studying the organization culture management that were based on the following elements, comparative management culture, factual study of the culture and management of the cooperate culture and other relative elements of the culture. Hofstede (1980) points out variation of manage practices, similarity or dissimilarity due to different culture or countries, and hance finding out the effect of culture on organizational performance. As Lincoln and Kalleberg (1990) In their reseach of the United States and Japanese enterprises explored the work attitude with emphasis on the culture, and they visualize culture as a management tool for the organization control. This is also further illustrated by Sekaran and Snodgrass (1989) with four counties (United States, Japan, Sweden, Yugoslavia) showing the effect of culture on the organizations efficiency difference. Some culture researcher like Schein (1990) and Kotter and Heskett (1992) were using questionnaire or empirical data as research method. They are studying aims to determine if there is a correlation between organization culture and enterprises long term business performance. Considerable attention has been given to leadership and organization culture. Also there are other researcher consider effectiveness between coalition of culture and other factor during the organization management. Ogbonna et al. (2000) claims that when the enterprise face to pressures from external environment, the leader style impact organization culture and then further impact to organisation performance. Leadership style cannot be directly affect organizational performance and can only through the organizational culture as a media to indirect influence performance. Corresponding is that competitive and innovation of Cultural characteristics directly affect performance. 2 Influence corporate cultures on enterprise performance According to Kilman et al (1985) comment, there is three degree of impacts: (1) Cultural orientation, meaning that Cultural influence organizations operational direction correctively; (2) the permeability of culture, means the degree of consensus in the members of the organization for the culture. (3) Cultural strength means the degree of loyalty to culture by organizations members. Strong cultures have greater influence that means it has a wide range of permeability and far reaching impact on the strength of the entity. If the team member are provided with consistent targets and shared the same values, they will be satisfied with what they are doing and will be more focused with their tasks. However even if the culture of the organization is pointed in right direction but the members cannot understand or achieve it or be loyal to it, then this will be a weak culture with negative impact on the performance of the entity. Trice (1993) also indicates that a strong organizational culture also can reduce the cost of decision- making and make work specialization. Strong organizational culture has been recommended by Akin and Hopelain (1986) to the entire managers who wish to enhance their productivity or performance. The organization will receive great return from investments or marketing if they propagate culture and using it as the decision making tool. The organizations that do not propagate culture always get less return; it has been confirmed by Denison (1990). Regardless of companies strategy or culture being people or reliability or productivity orientated they all still compete for great profit and productivity. IBM CEO Tom Watson in 1962 delivered a speech at Columbia University, he said: related business operating performance, enterprises management thoughts, spirit and goals are much more important than technical resources, economic resources, enterprise structure, invention and random Decision. Of course, all these factors also greatly affect the performance of the business. But I think, all those factors are sourced from employees and how they extent of basic beliefs of enterprises ideas (Jack E. S. 2012). But at many enterprises, organizational culture has been viewed as subordinate, even they described it as companys slogan, they deem the organization culture is creating needless official documents and procedures, and organization culture cannot bring any value to the enterprise. Kets deVries and Miller (1986) argued that when the business face hardship due to factors that is beyond their control even the culture is not helpful and may affect the company s performance negatively. Some scholars have began to try or test the construction of culture-performance causal relationships, such as Peters and Waterman (1982) of excellent companies , all emphasize positive effect of organizational culture on organizational performance . All in all, comprehensive enterprise practices and scholars research results shows organizational culture is positive factor for enterprise to obtain the best performance, to make right decisions and also face and deal with external factors. Therefore, all the attention and practice researchers been that cultural pattern is commodity and culture and organizational performance are coupled (PetersWaterman 1982). Conclusion To sum up, in the 20 years of organizational culture research, great achievements have been made. Culture can be regarded not only as a Relative special management field; it can also create influence and change cultural reality. Although some scholars believe that thotre of lack of the organization turn the research category too widely, as if from soup to nuts (Alvesson, 1993)  ¼Ã…’This is mainly due to the organizational culture research lack of a clear Analysis framework and theory foundation for culture research orientation, which led to the blind man feels like results (Mirvis Sales, 1990). Therefore, this paper is based on the organizational culture of the evolution process. I have briefly reviewed and analysed the theoretical basis of organizational culture, and it link to enterprise performance. this paper discusses the organizational culture for the influence of so as to further study on culture as the foundation. The organizations of the future culture research must be around the competitive advantage it creates and maintains in wider and deeper level and strategic change, other factors such as technology innovation behaviour by combining research, for enterprises in the fierce competition process on top is a positive.

Mother Night, Welcome to the Monkey House, and Harrison Bergeron :: Mother Night Essays

Government vs. Individual in Mother Night, Welcome to the Monkey House, and Harrison Bergeron Kurt Vonnegut, Jr. has made important contributions to the development of the 20th century American novel. His influences are felt in modern social satire, as well as nontraditional science fiction. One theme that is recurrent in his work is the common portrayal of government forces as destructive to individuals; to force characters to do evil in the name of good. Kurt Vonegut, Jr. was born November 11, 1922 in Indianapolis, Indiana, the son of an architect. He attended Cornell University in 1940, studying biochemistry, but soon quit because his grades were poor. He worked as a columnist for the Cornell Daily Sun until joining the army in 1942. He was captured by the Germans in 1944 and forced to work in a factory, where he lived through the fire bombing of Dresden. This, and the suicide of his mother in 1944, were the two most influential events in his life. After the war he worked for the Chicago News Bureau and studied anthropology. He has written many novels and one short story collection. His most acclaimed work, Slaughterhouse-Five, is a twisted account of the Dresden bombing. He is still alive and writing. His most recent published work, Timequake, appeared in the December 1997 Playboy Magazine. Mother Night was Vonnegut's third novel and one his few works that contains no elements of science fiction. Though this novel is not one of his most critically acclaimed, it serves as a prime example of Vonnegut's skill as a black humorist and weaver of human absurdity. Mother Night is the story of Howard W. Campbell, Jr, Nazi radio propagandist and American spy. The novel begins and ends in the same spot; a "new jail in old Jerusalem" (Mother Night p. Mother Night, Welcome to the Monkey House, and Harrison Bergeron :: Mother Night Essays Government vs. Individual in Mother Night, Welcome to the Monkey House, and Harrison Bergeron Kurt Vonnegut, Jr. has made important contributions to the development of the 20th century American novel. His influences are felt in modern social satire, as well as nontraditional science fiction. One theme that is recurrent in his work is the common portrayal of government forces as destructive to individuals; to force characters to do evil in the name of good. Kurt Vonegut, Jr. was born November 11, 1922 in Indianapolis, Indiana, the son of an architect. He attended Cornell University in 1940, studying biochemistry, but soon quit because his grades were poor. He worked as a columnist for the Cornell Daily Sun until joining the army in 1942. He was captured by the Germans in 1944 and forced to work in a factory, where he lived through the fire bombing of Dresden. This, and the suicide of his mother in 1944, were the two most influential events in his life. After the war he worked for the Chicago News Bureau and studied anthropology. He has written many novels and one short story collection. His most acclaimed work, Slaughterhouse-Five, is a twisted account of the Dresden bombing. He is still alive and writing. His most recent published work, Timequake, appeared in the December 1997 Playboy Magazine. Mother Night was Vonnegut's third novel and one his few works that contains no elements of science fiction. Though this novel is not one of his most critically acclaimed, it serves as a prime example of Vonnegut's skill as a black humorist and weaver of human absurdity. Mother Night is the story of Howard W. Campbell, Jr, Nazi radio propagandist and American spy. The novel begins and ends in the same spot; a "new jail in old Jerusalem" (Mother Night p.

Geological Education Unknown to Man Essay

Certain things in life occur even without our knowledge. Sometimes, these are the experiences that will forever change the course of our lives. I only found out about these as I embarked on a journey to discover the realities of life. I bore witness to the hidden beauty of the earth as we went on an educational trip to Washington D. C. As we were headed towards our destination, I became excited more than ever. Finally, I would be given the opportunity to explore the wonders that this country has hid from its citizens. First stop we went to was the Potomac River. I was amazed at the Bedrock of Meta-greywacke that welcomed us in the place. The area was definitely sandy, with slight foliations. Pink and Grey sandstones were also available in the area, and I believe that these were formed due to abyssal turbidity currents. The gradient beds get destroyed during metamorphosis. Next stop that we went to was the Rock Creek Shear Zone found in the Amazonia part of the Zoo. I observed that there were Quartz pebbles and granite cobbles found on the rock. We were given information that the fault was 15 km deep, was more ductile, and was more likely to falter. What we saw were more or less elongated, and smeared clasts, that were exposed to the environment due to erosion. In addition to this, we have also observed that some of the metagraywracke contained garnets. Garnets are considered to be medium grade meta minerals that are exposed due to heat and pressure. I was amazed at how such minerals were able to be exhibited in such rocks. As we went on further with the trip, I became more and more inclined into what we were learning. I discovered that Beech St. Tunnel was also made of metagraywreck. This was the rock that seeps out calcite from mortar. In addition to this, this type of rock could also form stalactites. As we went on further with the trip, Potomal formations also caught our attention. These were poorly sorted, having the presence of unlithided river deposits. I also discovered that the bottom of the hill was 460 mya, with the top being 100 mya. In addition to this, the erosion that occurs among the young App would cause unconformities, with the deposits being on top. Furthermore, the thrust fault of the potomal form found under the metagraywracke river removed the weight from the crust, which was then rebounded causing the fault. On the other hand, the rocks that contained serisites were formed due to the chemical stabilities present, as combined with low temperature and pressure. This kind of change was formed starting as a storalite. Storalites are considered to be high grade meta minerals, which easily change shape due to the cooling temperature. As we went on, I saw observed that there were rocks that shad more clasts. The Kink Bandine was created when a highly foliated rock was compressed in the direction of foliaton. I know that it may sound technical, but its not. The movement of the earth has caused the rocks to be stretched, changing their physical appearance. The Kensington Tonalite, on the other hand, was another site to marvel. This is the granite gneiss found in Rock Creek, which was north-south direction of the D. C. I was impressed with natural changes that occur in the earth as time passes by. The trip made us believe further that even the slightest changes in temperature and pressure could alter the rocks greatly. The clasts become stretched further, expanding them to greater heights. Moreover, we are brought to a conclusion that these natural beauties can stand the test of time. Pyrite porphyroblasts are also visible in metagraywracke. These come in square shapes, but are not to be considered as sedimentary grains. One classic example of their strength is the ability to hold the bridge. Unknown to many, the bridge was made mostly of rocks. The strength that this creation has is incredibly impressive, and would definitely grab the attention of geologists and students alike. As mentioned earlier, the shapes and sizes of these rocks have been naturally altered by erosion and weathering. More and more rocks have been exposed, that have been hidden for the past how many years. These are the wonders that have been hidden from the rest of the world that others did not witness. The kind of exposure trip provided for us was something that I will forever keep in my heart. I was able to learn new things that were unknown to me before. In addition to this, we were able to see first hand the different geological specimens discussed in class. Sometimes, learning should not only be done in school, but also in the real world. The trip has been effective in our application of the knowledge done in school. Aside from the experience, the trip also made us feel good about ourselves. Regardless of all the scientific and logical explanations that we had towards our environment, there are still certain things that we have no control of. I marvelled at how nature would take its course in allowing us to bear witness to things and circumstances that were beyond our reach. From everything that has been said and discovered, I believe that these educational trips are effective in promoting the education of students. Theoretical education is being applied through the exposure of such wonders. Besides, knowledge is not just learned within the walls of the classroom. Knowledge is best learned through the application of knowledge and the exploration of things and circumstances that we are unaware of.

Helping the Less Fortunate Essay

If I were a president of an organization, that made millions of dollars each year; I would create an organization within my organization that caters to the less fortunate. My organization would help to remove people off of the streets and give them a place to live, feeding the homeless in soup kitchens while passing out clothing, and also funding the education of those who cannot afford it. I believe that taking random people off of the streets and giving them a place to live is very important. As president of a million dollar a year business, I would definitely give the homeless a place to live. For example, I would send people out into the streets to search for random homeless people. I would pay for motels for a single person for a month and two for families because there are much more people to provide for. I will not just give people a place to stay; I would also find jobs for them. The jobs may be low paying, but it will help the homeless to get off of the streets. This may not help everyone, but it will take many off of the streets. Opening a soup kitchen will definitely increase my interaction with the â€Å"little people†. I think that having actual former poor people serve the poor is what will set my organization apart from others. I would do this because I know that the servers will connect with the poor on a personal and emotional level. This will ensure that the servers are very passionate about what they are doing. As president of the organization, I would also personally serve the homeless food while interacting with them to make them feel comfortable. I would ensure that they have faith that one day things will get better. Also, I would collect clothing and give to the homeless while feeding them. This will give them food on their stomach and clothes on their back. The clothes may not be in the best condition, but something is always better than nothing. My organization would also stress the importance of education. I believe that education is everything. I would ensure that everyone that enters my program have a very fortunate future. I would go into high schools and find that are below the poverty line. I will not stress the GPA of an individual. The person may have had to leave school for a period of time to help provide for his or her family. Although finding these individuals may be difficult, I am sure the process will run smoothly with the help of the school staff. I would focus on students that have the drive to want to go to college. I may be funding the education, but I will need the student’s full cooperation. The individual’s will have to provide documents proving that he or she is has little income, or receiving no income at all. My organ will provide funding for everything that an individual needs to attend college. This will include tuition, books, meal plans, housing and anything else the child needs for school. These procedures will be taken to ensure that the students have no worries while pursuing an education. It is very important to give back to the â€Å"little people†. Providing, shelter, jobs, food, clothes and education; will decrease poverty. This may not benefit the majority, but it will at least help some people out. Every homeless person that receives help counts. A million dollar a year organization would definitely remove many people at least a step away from the poverty line.