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

Property Law Assignment - Essay Example the existence of a resulting trust in situations where the plaintiff has clearly made a contribution towards the purchase price of the property, despite the fact that they have not been entered onto the property register. This equitable presumption is based on the notion that the person contributing towards the property must have expected to acquire an interest in that property, in proportion to the money expended2. Lord Diplock in Gissing v Gissing3 made the point that A resulting, implied or constructive trust†¦is created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny the cestui que trust a beneficial interest in the land acquired. It should be noted that in this particular case Alice did not contribute to the purchase price of the property, even though she did spend her inheritance on improvements within the property. As there was no direct contribution towards the purchase price Alice would have to rely on the principle of constructive trusts to assert her claim. Under the law of constructive trusts the applicant must prove that they expected to acquire an interest in the property, either by their actions or by money paid towards the maintenance or improvement of the property. Cases that have succeeded are those were the applicant has paid towards household bills or has spent their own money on repairs within the property5. in determining whether a constructive trust can be averred the court will often take into account the conduct of the parties. The court will look for evidence to support an assertion that the applicant has acted in their detriment in reliance of an expectation of having a beneficial interest in the property. The court determined this to be the case in Lloyd’s Bank Plc v Rosset6, in which the court found that work carried out by the applicant on the

SKILL DEVELOPMENT PAPER Essay Example | Topics and Well Written Essays - 6250 words

SKILL DEVELOPMENT PAPER - Essay Example It does not necessarily mean valuing being different from others, but coming up with a variety of possible solutions to a problem and having the openness to try out ideas which others have not dared do before. Leadership skills are essential in taking one’s group to the right direction, sharing the same vision for the betterment of everyone in the company. It keeps the group grounded in the midst of a crisis. Effective communication skills are critical especially if I work in a multicultural environment. Apart from understanding the cultural backgrounds and communication styles of my co-workers, I also need to learn to read non-verbal communication. I also need to be able to express myself better so that I can efficiently deliver the message I want to convey to others. This would include learning negotiating skills which is not only vital in closing deals in business but in resolving any other conflict with other people. This leads to the final skill I want to hone, team-build ing skills which requires good interpersonal skills. It is inevitable that I deal with others in my future career, so I need to learn to establish harmonious relationships with them in order to develop team effectiveness. Improvement Area 1: Creativity Summary of Source 1: Notar, C. & Padgett, S. (2010) Of The Box Thinking†¦Is Thinking Outside The Box 21st Century Code For Imagination, Innovation, Creativity, Critical Thinking, Intuition?, College Student Journal, Jun2010 Part A, Vol. 44, Issue 2 A common phrase used referring to creativity is ‘thinking outside the box†. According to Notar & Padgett, very successful people never appear to have a â€Å"box† from which they operate. However, a box is something associated with something that confines one to a finite space. â€Å"Thinking outside the box† then means not thinking in a finite space but opening the minds out to infinite space with endless possibilities. Some attributes related to thinking out side the box as having a willingness to take new perspectives to day-to-day work. It also entails openness to do different things and to do things differently. Creative individuals focus on the value of finding new ideas and acting on them. They strive to create value in new ways. Although they already have great ideas in mind, they still enjoy listening to others due to their perennial search for better ideas. Summary of Source 2: Sternberg. R. J. (1996) Successful Intelligence: How Practical and Creative Intelligence Determine Success in Life. New York: Simon and Schuster. Sternberg proposes several aspects of interactions that might create or diminish the creative impulse. When faced with tasks that require creative thinking, teams may either work well together towards a solution or work better individually, depending on their creative thinking styles. Groups that compete against one another do much better than groups that compete within themselves. The team concept is stronger t han the survival of the fittest concept of competition. As well, when an employee feels that he will be evaluated for his creativity, the amount of innovation appears to diminish. Summary of Source 3: Fawcett, M. and Hay, P., (2004) 5x5x5=Creativity in the early years. Journal of Art & Design Education, Vol. 23, No. 3 In a study observing the effects of creative teaching and learning, the children were deeply involved in the learning and creative process. This was because the