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Constructive Dividend Vs. Constructive Dividends
Generally, a constructive dividend is unique from an ordinary dividend in many different ways. A constructive dividend is a form of payment to the
shareholders from a corporation which can cause in financial benefits to its shareholder. Section 316(a) defines a dividend as any distribution of
property (money, securities, and any other property except stock) that a corporation makes to its shareholders out of its current and accumulated
earnings and profits after February 28, 1913. In other hand, a constructive dividend is a payment made by a corporation, which benefits to a shareholder
even if the payment is made indirectly to the shareholder, and even there is no formal dividend declaration. Similarly, for tax purposes, the constructive
dividend and normal dividend are treated the same as actual distributions, which are taxable to the shareholders to the extent of the current and
accumulated earnings and profits of the corporation.
Constructive dividend situations exist in various levels of corporations, especially in closely held corporations. The purposes of the constructive
dividends are that the corporations intend to achieve some tax objectives to avoid actual and formal dividends. The following areas that the IRS usually
focuses on to challenge the issues of constructive dividends to the shareholders and corporations: unreasonable compensation, shareholders use of
corporation–owned property, bargain sale or bargain rental of corporate property to shareholders,
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The Current Service Level Agreement
Introduction
After reviewing the current Service Level Agreement (SLA) between Finman Account Management, LLC, Datanal Inc, and Minertek, evidence was
found that security standards necessary to protect all parties were not addressed within the body of document. The following information technology
security standards are recommended to protect all parties involved and should be applied to the SLA in this case. For Finman Account Management, the
chief concern is to provide guidelines within the SLA that address data protection, authorized use, sharing of data, and retention/destruction of data.
Furthermore, Finman is devoted to protecting intellectual property, patents, and copyright information while also safeguarding physical ... Show more
content on Helpwriting.net ...
(6) "Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against
accidental loss or destruction of, or damage to, personal data." (Key Definitions of The Data Protection Act | ICO, 2015).
Authorized Use, Retention, Sharing, Destruction The primary focus of Finman's corporate data strategy is to limit the retention, sharing, use and
destruction by Minertek and Datanal. An IT alignment strategy will match each organization's capabilities, resources, strengths, and risks to formulate
strong goals for each partner to align. The standards and procedures proposed within ISO/IEC 20000 explain best practices for service management.
ISO/IEC 20000 provides the approach for establishing best management practices and includes establishing policies and procedures to provide proper
information assurance for data, cyber security awareness training and risk management. Cybersecurity awareness training will reduce the chances of
risks occurring between the three parties engaging in any activity outside the best practices of the ISO/IEC 20000, while also mitigating risks to
employees and networks. Once training has been completed, each company will be responsible for the unauthorized retention, sharing, use and
destruction of Finman's corporate data. Furthermore, the
... Get more on HelpWriting.net ...
Bailment: Giving Control Or Possession Of Personal Property
Bailment is a giving control or possession of personal property by bailor to someone else called bailee for an agreed purpose and time. Bailment is
not a sale. Person who gives the possession of his property still owns it and will get it back later depending on their agreement. Creation of bailment
does not require formality. It can be either written or oral and in this example, bailment agreement was stated on the ticket. It was saying
"WARNING: Not responsible for damage to personal property while on Greensboro Coliseum premises". So when Jeff gave his car in, he knew that
he cannot keep them responsible for any damages that might occur. So after this incident happened, there is only one way for Jeff to gain legal rights
related to damages
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Gifts Under Muslim Law and the Requirement of...
Gifts under Muslim Law and the Requirement of Registration:
An analysis of Legal Provisions and the Case Law
Faizan I Nazar*
I. Introduction
Registration of some classes of documents is compulsorily required under the various statutes like Transfer of Property Act, Contract Act etc. The
(Jammu and Kashmir) Registration Act, Svt 1970 (1922 A.D) is a specific Legislation which under section 17 enumerates the documents which have
been compulsorily registered under the Act. The first class of document which is enumerated under clause (a) sub section (1) of section 17 of the
Registration Act (hereinafter referred as 'the Act') is an 'instrument of gift of immovable property'. Thus as a general rule gifts relating to immovable
property must ... Show more content on Helpwriting.net ...
V. Fakhr Jahan Begum and Others referred to "Muhammadan law" by Syed Ameer Ali and approved the statement made therein that three conditions
are necessary for a valid gift by a Muslim: a) Manifestation of the wish to give on the part of donor ; b) The acceptance of the donee , either
impliedly or expressly; c) The taking of possession of the subject matter of the gift by the donee, either actually or constructively.
According to section 129 of the Transfer of Property Act no rule of Mohamedan law shall be affected by chapter VII of the Transfer of Property Act
relating to gifts. It, therefore, follows that an oral gift made by a Muslim is a valid gift and does not require registration, which otherwise is not a
valid gift under section 123 of the Transfer of Property Act.
In the context of sec.17 (1) (a) the pertinent question is about the applicability of the clause (a) to written gift executed by a Muslim in the light of
section 129 of the Transfer of Property Act and the rules of Muslim law relating to gifts. The courts for a long time obscured the answer.
In Sankesula Chinna Budde Saheb v. Raja Subbamma, the Andhra Pradesh High Court, after noticing three essentials of gift under the Muslim law,
held that if a gift was reduced to writing, it requires registration under section 17(1) (a) of the Registration Act. It went on to hold that even if by
virtue of section 129 of the Transfer of Property Act, a deed of gift
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Marital Deduction
deduction is to achieve equal tax treatment of married couples in community property states and separate property states .
After 1948, the Congress enacts the Tax Reform Act (TRA) of 1976, which indicated "single, graduated rate of tax imposed of both lifetime gifts
and testamentary dispositions" . However, the carryover basis provision in 1976 was postponed in 1978 and repealed in 1980. In this case, the "old
law" rules effects today carryover basis for inters vivo transfers and testamentary transfers . Today, every deceased United States citizen must be filed a
Federal estate tax return, and if the nonresident aliens held property in the United States which value exceeds $60,000, the nonresident aliens also need
to file the estate tax return .
III. Marital Deduction for Marital Couples
a.Marital Deduction Definition ... Show more content on Helpwriting.net ...
For every decedents, estates is allowed to deduct the debts owed by the decedent at the time of his death, and estate is permitted to deduct the costs of
estate administration from the value of the estate before taxes are imposed. However, for the marital couples, there is another deduction for them,
which is called the marital deduction .
The marital deduction allows deduct the value of the property, either outright or in certain trust arrangements, for the decedent's estate passing to a
surviving spouse, whether or nor passing under the will . If the surviving spouse for a trust wants to qualify for the marital deduction, he or she must
have almost complete control over the trust and its ultimate disposition. Furthermore, he or she cannot terminate interest .
In this case, the Congress enacts the Qualified Terminable Interest Property (QTIP) rules. QTIP rules which indicated that even the property left in a
terminable interest, if the property is qualified under certain rules, it still available for the marital deduction .
b.Martial Property and Support
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Introduction. After Reading Over The Current Service Level
Introduction
After reading over the current Service Level Agreement (SLA) between Finman Account Management, LLC, and Datanal Inc, and Minertek, evidence
was found that none security standards necessary to protect all parties are addressed within the document. The following information technology
security standards are the recommended to protect all parties involved and should be applied to the SLA in this case.
Finman Account Management, the chief concern is to provide guidelines within the SLA that address data protection, authorized use, sharing of data,
and retention/destruction of data. Furthermore, Finman is devoted to protecting intellectual property, patents, and copyright while also safeguarding
physical property.
Statement of ... Show more content on Helpwriting.net ...
(6) "Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against
accidental loss or destruction of, or damage to, personal data." (Key Definitions Of The Data Protection Act | ICO, 2015).
Authorize Use, Retention, Sharing, Destruction.
The primary focus for Finman's corporate data is limiting the retention, sharing, use and destruction by Minertek and Datanal. An IT alignment strategy
will match each organization's capabilities, resources, strengths, and risks to formulate strong goals from each partner to align. The standards and
procedures proposed above ISO/IEC 20000 explain best practice for service management. ISO/IEC 20000 provides the approach for establishing best
management practices which include establishing policies and procedures to provide proper information assurance for data, cyber security awareness
training and risk management.
Cybersecurity awareness training will reduce the chances of risks occurring between the three parties engaging in any active outside the best practices
of the ISO/IEC 20000, while also mitigating risks to employees and networks. Once training has been completed each company will be responsible for
the unauthorized retention, sharing, use and destruction of Finman's corporate data. Furthermore, the core of Finman's corporate data
... Get more on HelpWriting.net ...
Choosing A Smart Property Purchase
Choosing where to purchase properties is an important decision. You might be buying your first home or a home to rent out as an investment property.
The fact is, everyone has different needs.
Affordability, accessibility to public transport, and proximity to schools can all have a big impact on the value of a potential investmentproperty. If
you're looking for your dream home, the criteria can be even more personal.
Knowing how to make a smart property purchase decision can seem overwhelming, so it's important to understand the basics.
What is your personal situation?
Identifying the factors that are important to you is a good place to start. Ask yourself what you need the property to achieve for you. Then, see if the
property ticks all those important boxes. Knowing whether you need an investment that is cash–flow positive, or if you can sustain an investment
property that might build some long–term capital gain, is a good basis for your decision–making.
If your plan is to renovate for capital gain, then that off–the–plan property might not be the right investment for you. Also, before you think about
buying in a regional location, look at the industries that are integral to the region and consider how secure those industries are. There are no guarantees
in life and if your personal finances can't withstand a downturn, then that location may not be the best choice for you. How much you can actually
afford to borrow is another important factor. Talk to a trusted mortgage
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Will And Revoke All Prior Wills And Codicils
WILL OF ALICE HAYES
I, Alice Hayes, of Libertyville, Illinois, make this my Will and revoke all prior wills and codicils.
Article 1
Introduction
My Family. I was married, but my husband has deceased. I have three (3) children now living, namely TROY HAYES (Troy), MARISSA
MARSHELL (Marissa), and JOHN HAYES (John). I intend by this Will to provide for all my children, including any born or adopted in the future. I
have six (6) grandchildren now living, namely ROBERT HAYES (Robert), JUNE HAYES (June), DAVID HAYES (David), JAMES MARSHALL
(James), CONSTANCE MARSHALL (Constance), and SARAH HAYES (Sarah).
Article 2
Gifts on My Death
2.1Specific Gifts of Tangible Personal Property. I give the following tangible personal property upon my ... Show more content on Helpwriting.net ...
2.3 General/Demonstrative Gifts. I give my general or demonstrative legacies as follows.
(a) I give ten thousand dollars ($10,000) to each of my grandchildren who survive me.
(b) I give five thousand dollars ($5,000) to my friend, WALTER WALSH (Walter) of Island Lake Illinois, if he survives me.
(c) I give two thousand five hundred dollars ($2,500) to my friend ELIZABETH FORD (Elizabeth) of Zion Illinois if he survives. (d) I give five
thousand dollars (5,000) to my sister FRANCINE FRANCO (Francine) of Island Lake Illinois, if living, otherwise to her husband, BERNARD
FRANCO (Bernard), of Island Lake Illinois.
(e) I give ten thousand dollars (10,000) to my church, St Joseph's in Zion, Illinois.
(f) I give ten thousand dollars ($10,000) to the American Cancer Society at the local Chicago Chapter.
(g) I give fifteen thousand dollars ($15,000) to Orphans of the Storm.
(h) I give twenty thousand dollars ($20,000) to the local chapter of the Juvenile Diabetes Research Foundation in honor of my granddaughter Constance.
(i) I want all of my shares of ABC stock to be evenly divided into three equal portions as follows:
(a) I give one portion to my niece, FLORA FRANCO (Flora) and FAUNA FRANCO (Fauna), if living, otherwise to their descendants.
(b) I give another portion to the children of my son, Troy if living or otherwise to their descendants, but even if living, my
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Personal Narrative: Property Damage
On June 18, 2016 at approximately 0656 hours I responded to 644 B Street in reference to property damage. Upon my arrival I was met by
Dematria Yount and Gary Overturf. Overturf explained that he was woken up by his neighbor, Latoya White, due to someone cutting a tire on his
vehicle. I spoke with White and she explained that she observed a white passenger vehicle with Arkansas registration approach Overturf's vehicle. A
skinny, bald, white male wearing a red shirt exited the vehicle and began striking Overturf's parked 1999 Mercury sedan. The driver of the white
vehicle was yelling for the white male to hurry. The driver was describe as a white female. The male then entered the white vehicle and they drove
away passing directly in front... Show more content on Helpwriting.net ...
Holmes was mirandized upon my arrival. He explained he and Mclaughlin had been arguing. Before she brought him to work they stopped by 644
South B Street at "Dees" and he attempted to slash the tires on a vehicle sitting in her yard. When asked why he cut the tires he advised that he
was highly agitated and not thinking clearly due to arguing with Mclaughlin. I then asked why he chose the vehicle and he explained it was due
to the owners of the vehicle owing McLaughlin's mother money. Holmes was placed in handcuffs which were checked for proper fit then double
locked and transported to booking for processing. At this time I discovered a small portion of marijuana in Holmes's front right pocket along with
the knife he confirmed using to cut the tire. Holmes then handed me a small white metal pipe with burnt residue inside the pipe. After processing
Holmes was lodged at the Butler County Justice Center awaiting bond. I made contact with Mclaughlin at 1010 Fairmount Street where she was
immidiettly mirandized upon my arrival. She advised she and Holmes had been arguing and he asked her to take a long way to his work. Along the
way they stopped at "Dee's" house on B Street. Holmes exited the vehicle and told her to wait around the block. Holmes shortly reentered the vehicle
in the 600 block of Abbot. When asked why he would want to destroy the tires she advised that it as due to "Dee" owing her mother roughly $200.00.
All seized items were placed into
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The Probate Process
Probate is a process which begins when an individual passes away. This legal process oversees the administration of the person's estate and the
resolution of any claims that may be placed on this estate. Upon completion of the debt resolution process, assets are distributed as laid out by the
person who passed away. Probate law is the area of law that interprets any instructions of the person who is deceased and determines who will become
executor of the will and serve as this person's personal representative. In addition, it adjudicates the interests of anyone who has a claim against the
estate, including heirs and other parties.
The Administration Of Probate Law
The first step in the probate process involves formally declaring the will of the deceased to be valid. Legal notices must be published and all creditors
notified when the individual passes away. The law outlines how assets must be distributed and creditors paid and puts time constraints on the filing and
object of claims against this estate. Separate procedures are needed when an ... Show more content on Helpwriting.net ...
A living trust allows one to avoid probate and assets may be transferred without going through the probate process with the aid of transfer–on–death or
paid–on–death accounts. Joint tenancy with survivorship is a way for property to be transferred without going through probate. A beneficiary may also
be named on a life estate deed to have property passed down through the generations.
As different assets may be distributed various ways to ensure they aren't part of the probate process, it is best to seek legal advice. The cost of
creating trusts, joint tenancies and more need to be compared to the costs of probate. Doing so ensures the person creating the will, estate plan or trust
reduces the burden on those left behind. A probate lawyer works with clients to determine which items they need and which they may do
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Ethics And Intellectual Property : Personal Property
ETHICS AND INTELLECTUAL PROPERTY Introduction In this week's assignment, we will look at the subject of ethics and intellectual
property. First, start off by looking at the basics of what intellectual property, and take a closer look at case that has involved these issues. Then we
will discuss why it is important to protect intellectual property. Next we will look at how can intellectual property be protected? Then we will
discuss if intellectual protections ever go "too far"? Finally what is the proper balance between content producers and the public good? Why is it
important to protect intellectual property? Before looking at the case I selected and the questions posed in this paper, what is intellectual property?
Intellectual property is defined as intangible (not a physical thing, such as an idea) property, the product of human ingenuity, protected by law (Lau,
Johnson, Pg. 155, 2001). It is important to have a system in place to be able to register and protect these ideas and intangible property, so that the
rightful owners of this property get the proper recognition and possible rewards. Now let us look at the legal case Liberty Ammunition LLC vs. U.S..
In July 2010 Liberty Ammunition LLC an ammunition manufacture filed and was granted a patent for a newly designed firearms projectile (bullet).
This new bullet design replaced the core of the bullet that is commonly made of lead with a copper core. This new bullet was dubbed a "Green Bullet"
since the new copper
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10th Floor Brokers Case Study
http://10thfloorbrokers.com/properties
The efficiency of the 10th Floor Brokers
Home sweet home; this is what you all dream about. A smarter option is now available where you get the privilege of getting apartments at very
reasonable price. You just need to log on to the site http://10thfloorbrokers.com/properties and you get all the details that you need .All that you have
been thinking can be achieved once you get in touch with the property dealers who helps you to get apartments on rent and the desired location.
The advantages of getting apartments for rent in Minneapolis:
The company is efficient enough to understand your need, since they are operating from the year 2003 and would guide you to get exactly what you
have planned for.
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Landlord Insurance Essay
Landlord insurance
If you have investment properties and are using them to rent to tenants the normal home owners insurance will not be suitable. Landlord insurance
policies are there to specifically cover problems that are related to having tenants in your home and therefore quite a bit more expensive than a home
owners insurance
The insurance will cover aspects that are useful to the landlord such as the buildings, personal belongings if you are renting a furnished apartment,
liability and loss of rent.
Why you need Landlord insurance.
As a landlord you are not certain who the tenant is going to be and how they will be treating your very valuable asset. Therefore when you consider a
landlord insurance you need to consider these factors.
Protecting yourself against building damage. This will cover damage from ... Show more content on Helpwriting.net ...
Since you are renting ensure to include accidental damage so that if a mirror or piece of furniture is spoiled you are able to fix it without having to
pay through your own funds.
If you are mortgaging the property and rely on the monthly rent to keep up with the payments then it is worth your while to consider a loss of rent to
be added to the landlords policy. This will give you the peace of mind that if for some reason the building becomes uninhabitable that the rent will be
covered and you will still be able to pay the mortgage.
Having a landlord insurance that will cover emergency repairs will be very useful. The reason being that emergency repairs can happen at any time
and you would not like to delay due to financial constraints and inconvenience to your tenants. These type of insurances generally will tend to the gas
leak, water burst or even pest infestation sorted out within 24 hours and covering every day of the year.
Insurance
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LAW 531 Week 3 Knowledge Check Study Guide 1 Essay
Week 3 Knowledge Check Study Guide
Concepts
Mastery
Agreement, consideration,
Score: 18 / 18
Questions
100%
1
2
3
100%
4
5
6
Intellectual property
100%
7
8
9
Personal property
100%
10
11
12
Real property
100%
13
14
15
100%
16
17
18
and capacity
Remedies for breach of contracts Mislaid, lost, or abandoned property
Concept: Agreement, consideration, and capacity
Mastery
100%
Questions
1
2
3
1.
What is true about the acceptance of a contract?
A. It is effective only once it has reached the offeror, whether or not it has been properly dispatched by the offeree. B. It must not support the mirror
image rule.
C. It must be an unequivocal acceptance, without conditions or exceptions.
D. It cannot be ... Show more content on Helpwriting.net ...
Concept: Intellectual property
Mastery
100%
Questions
7
8
9
7.
Identify the true statement about the legal protection of trade secrets.
A. The law allows individuals or companies the use of trade secrets discovered through reverse engineering.
B. The law does not place the obligation to protect trade secrets on the owners of the trade secrets.
C. The law mandates that all trade secrets be copyrighted.
D. The law does not categorize the stealing of a trade secret as a federal crime.
Correct:
The Correct Answer is: A.
The law allows individuals or companies the use of trade secrets if they have been discovered through reverse engineering. Reverse engineering
involves the study of a product to discover how it was made.
8.
What type of subject matter can be patented according to the U.S. federal government?
A. Scientific hypotheses and principles
B. Abstractions
C. Designs for a manufactured product
D. Obvious inventions
Correct:
The Correct Answer is: C.
Subject matter related to machines, designs for a product of manufacture, living material produced by an individual, and improvements to existing
machines can be patented. Abstractions and scientific principles cannot be patented.
9.
Caleb, a doctoral student, is sued by the author of a textbook for copyright infringement.
The court rules that Caleb is not guilty since the content was used for the purpose of
review in his research paper. In addition, he has written these
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International Real Estate Is Important For Your Properties...
International Real Estate Shows
What is the best way to meet many foreign buyers for your properties and establish personal connections with potential business partners abroad? To
participate in international real estate shows in the foreign countries of course. This chapter is mostly aimed at realtors and developers, although for a
private seller it would be also informative if you want to have your property presented at such a show, then you have to know what to ask your realtor –
whether they go to any international real estate shows, in what countries, what are the results and how your property might be represented at the
upcoming shows, where and when.
It is the most exciting and also the most expensive way of reaching out to the market of the foreign buyers for international real estate – the costs of
flights, hotels, visas plus exhibition fees and translation and interpreting sum up. This method of real estate marketing to foreigners can be effective or
just a huge money waster depending on a number of circumstances.
Of course, as always you would like to get a good return on your investment which is an impressive number of sales of your international properties to
foreigners resulting from your participation in a real estate show in this case.
Here are 4 major risks (to lose your money) involved in going to a real estate show abroad:
*Choosing a wrong show in terms of targeting visitors as some international real estate shows are more popular among the foreign
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Pros And Disadvantages Of Tax Abatement
Tax Abatement
Student's Name
Institution Affiliation
Tax Abatement Tax abatement is a concept that is often utilized to refer to the situation where the government grants some type of tax reductions, or
completely exempts certain entities from paying taxes for a given period of time with the sole aim of stimulating industrial, real estate, or job market
development. Freilich, Sitkowski, Mennillo, and Freilich (2012) pointed out that tax–abated redevelopment is important since it provides an effective
platform for entities to flourish within a deteriorating area. Harris, McKenzie, and Rentfro (2014) also stated that once in a while, governments may
grant tax exemptions or reductions to particular taxpayers so as to encourage expansion of current operations within the jurisdiction of the government.
Tax abatement is not infinite. It exists only for a specified period of time and is usually kickstarted by a constitutional amendment of some sort.
Advantages of tax abatement Dynamic technological developments coupled with economic dislocations have led to slow economic growth leading to
situations where the country is laden with underemployed or unemployed individuals. In the midst of such economic difficulties and structural changes,
it is the hope of the citizens that local authorities will implement legislation and other measures to help spur economic growth and create more jobs.
Gary (2015) observed that one of the favorite development incentives
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Simon Property Group Work Personal Statement
I discovered my passion in real estate when working in Simon Property Group's shopping mall developments in China. I was the financial analyst in
GMI Retail Management (a retail development and management company – JV of Simon Property Group, Morgan Stanley and SCP). After the
intensive two–year development phase, four regional shopping centers, totaling 3.8 million square feet, were built and opened. This experience helped
me gain knowledge of real estate business, analytical and critical thinking skills, and the ability to work under heavy pressure. More importantly, I was
fortunate enough to work with a group of senior executives from Simon Property Group; two of them became my mentors. They are my role models,
and always challenged and
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Evaluating Commercial Property
As a landlord, you own commercial property in order to make money, right? In order to make money on your commercial property, you need to find the
best tenants to rent your property.
Commercial Property
Briefly, commercial property is often thought of as the strip malls, industrial business complexes, office spaces – where people work and shop. But
commercial property also can refer to private residences – the houses, condominiums, and apartments. It doesn't matter which type of "commercial"
property (or properties) you own, you still need to have qualified renters occupying your properties.
Evaluating a good commercial property tenant
Thanks to some creative advertising, you have some possible renter candidates for your commercial property. ... Show more content on Helpwriting.net
...
If the business is newly formed, the directors should provide a personal guarantee for the entity named on the lease.
The ability to provide a 3 – 6 month rent deposit in advance.
Ask for personal information to complete a credit check if the prospective tenant is a new business. A credit check can indicate the candidate's ability
to pay on time, has declared bankruptcy, or has the ability to pay the lease if the business closes.
Evaluate the stability of the business. Look at the debts and creditors, the sales numbers, and if prior bankruptcy has been filed.
Assess risk:
Does the candidate have all required licenses and comply with applicable laws regarding that business.
What is the purpose of the tenant's business?
Use social media to pick up on any positive or negative chatter about the company. An unusually high level of negative comments about the business (or
individuals) may be a red flag about the reliability of the business as your tenant. Continue investigating it, if possible.
Consider hiring a professional tenant screening company to perform criminal searches, evictions, check references, bankruptcies and liens, and run the
credit
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Why Are Monk Allowed To Own Personal Property?
Monks are not allowed to own personal property. Therefore, the monastery gives them everything they need in order to survive, but they are to have no
more than basic necessities. Around the year 500 monks began to get around this rule. Since it was clear that they could not have personal property,
they gave everything to the monastery. Rapidly, the monastery became a lavish place. Benedict, in particular, did not approve of this. He thought
monks should vow poverty. He became disgusted by society and became a hermit. He left Rome to live in a cave. Many believed Benedict was holy,
and was isolating himself just as Jesus did for contemplation. Nearby, an abbot died, which left a monastery full of monks without a leader. The group
of monks went ... Show more content on Helpwriting.net ...
Obedience is more than simply doing what the abbot has ordered. They must also complete these acts happily and with the goodness of their heart.
Benedict explains this, "This very obedience, however, will be acceptable to God and agreeable to men only if compliance with what is commanded is
not cringing or sluggish or half–hearted, but free from any reaction of unwillingness. (30) If a monk does do what he is ordered, but not from the
goodness of his heart it is believed that God will know, "If a disciple obeys grudgingly and grumbles, not only aloud but in his heart, then, even
though he carries out the order, his action will not be accepted with favor by God, who sees that he is grumbling in his heart" (30–31) Benedict also
says that God will not reward anyone for their actions, and instead will punish he who has a grumbling heart. A monk is not to only obey the abbot,
but also his brothers and his seniors, "Obedience is a blessing to be shown by all, not only to the abbot but also to one another as brothers, since we
know that it is by this was of obedience that we go to God." (93–94) Punishment could also be given to those who did not obey their brothers or
... Get more on HelpWriting.net ...
Real Property Vs Personal Property
Real property and personal property holders have the several rights in common because they both can control and manage the property, they can use
it or discard it. Both owners can sell or give it away as gifts. They can withdraw or discard it as well. Although, a real property owner could be more
complicated in several ways than a personal property. A Real estate might come from heritage with several beneficiaries with a life estate. Though,
private property is different because a realty has two other aspects that personal property does not hold. A land is permanent and cannot be destroyed
while using it. Connecticut recognized adverse when a person openly, visibly occupy a land for continuously fifteen years. However, if the owner is
legally ... Show more content on Helpwriting.net ...
DUNN BROTHERS, INC., et al. v. WANDA M. LESNEWSKY.
Procedural History
The Defendant appealed from a decision of the Superior Court that permanently prohibited from interfering with the right of the three corporate
plaintiffs to enjoy the use of a railroad spur track.
Issue
Whether the owner of the servient estate extends the right of subsequent owners or it is merely personal to be resolved by seeking the intent definite it
in the agreement.
Fact
Three plaintiffs brought an action against the defendant who owns one of four connecting parcels of property in the town of South Windsor formerly
belongs to a common grantor. The land had a siding that had been in perpetual use by the plaintiffs and their ancestors since 1915, with the title
includes an appurtenance to each specific parcel. A spur passage runs from the main line to the eastward position across the defendant's land, and into
Quinnipiac Industrial Corporation, one of the plaintiff lands proceed to the north joining land owned by another plaintiff Propane Gas Service, Inc.,
and within the land of the plaintiff Dunn Brothers, Inc. Until, June 1970, the defendant built a fence and refused the plaintiffs to use the spur passage
access to the parcel of
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Homeowners Should Invest In Home Insurance
Your home deserves the full protection of a home insurance policy. Based in New York City, Sun Ray Corp provides a wide range of insurance
coverage. The company's experts say home insurance is a must for safeguarding your property from certain devastating perils.
Here are three reasons why every homeowner should invest in home insurance:
It's Required If You Have AMortgage: If you have a mortgage, it means some or most of your property is owned by a lender. It's in the best interest of
lenders to make sure their property is protected, and a basic level of home insurance coverage is required if you have a mortgage. This basic coverage
protects your home from hazards such as fire, wind, and hail.
It Protects Your Property: The basic level
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The Advantages And Disadvantages Of Renting Vs. Owning A Home
Personal Finance Unit Five
a.Describe in detail the advantages and disadvantages of renting versus owning a home.
The advantage of renting a dwelling is the lack of time commitment required. If a lease is required, it may be for a one–year term. If the situation is
not agreeable to the tenant, or the tenant needs to relocate out of the area, or prefers a different location, the option to move is available without a
penalty. Some rental units may be available on a monthly basis. While many rental agreements require a security deposit, that deposit would be
significantly less than a down payment and loan closing costs required for the purchase of a residence. While the rental amount may cover the owner's
cost of insurance, maintenance, and taxes, they are not the direct responsibility the tenant. Maintenance and repairs are also the responsibility of the
property owner not the tenant. A tenant has much less responsibility than the property owner.
The disadvantages of renting can be the restrictions set forth by the landlord or property owner. These may include prohibiting modifications of the unit
such as ... Show more content on Helpwriting.net ...
One of which is the commitment of a long–term mortgage. If a person anticipates being in an area for a short term or temporarily a long–term
obligation would not make sense. Along with the monthly mortgage payment is the requirement for taxes and insurance to be paid. These can add up
to thousands of dollars annually. Maintenance and repairs also fall to the property owner. The cost of the repair and finding someone qualified and
reputable to do the repair can be quite stressful. Should an owner want to move, the time frame to liquidate the asset may take much longer than one is
anticipating. In that case the home controls them and the access to the cash value is limited. Home ownership is a long–term commitment that requires
an investment of money and
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The Essentials Of The Requirements For Secured Transactions
I wanted to reach out the team today and go over the requirements for Secured Transactions and to be sure that all team members of the business are
aware of what it is and how to create one. Secure Transactions will help to ensure that we as a business will be able to recover our interest if any client
defaults on a credit obligation to the business. While the Secured Transactions help both parties, we should be very cautious in entering any agreements
that are not secured or have not been fully perfected and understand the risk associated. There are 6 key terms that the business should be familiar with
when entering into secured agreements with consumers (business and personal consumers). They are Secured Transactions, Debtor,... Show more
content on Helpwriting.net ...
To create the Security Transaction, the creditor will need to 1) create a written authenticated security agreement that clearly describes the collateral
subject to the security interest 2) The secured party must give the debtor something of value and 3) The debtor must have rights in the collateral. These
three things should be clearly defined in the Security Agreement so that both parties understand the condition of the transaction. If more than one
creditor has a security interest in the same collateral, both companies may not recover the debt from the debtors in cases of bankruptcy where a third
party may have their debts satisfied from the same collateral. One way to avoid this is to perfect the agreement which is the legal process that secured
parties protect themselves against third party claims to have their debts satisfied from the same collateral. One of the most common ways to perfect a
secured transaction is perfection by filling. This is when a debtor files a financing statement with the appropriate government office. By filing with the
government office, this will be satisfactory in notifying the public of the Security Interest in the collateral. Another form of perfection is perfection by
possession where a debtor transfers the collateral to the creditors possession. When the debt is paid off, the collateral is then returned to the debtor.
Another common perfection method is by
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Legal Advice For The Client
This written assessment is deliberation of legal advice for the client, James, based on his dispute with his neighbour Lisa; this shall be achieved by
means of critical analysis and full reference of pertinent authority to complement the scope of case facts.
With due consideration of the facts present we can identify that the key legal issue is accession. This gives us the notion that one [thing] which is
united with another [thing] becomes an integral part component of that other [thing]. It presupposes that one object can be regarded as the main object
. Under the roman derived maxim 'Accessorium principali sequitur' . The allocation of ownership of the sandstone structure, (herein referred to as
folly) can be established in cases ... Show more content on Helpwriting.net ...
This assessment will determine if the folly has become heritable by annexation , whether there is functional subordination , then further into the notion
of quasi–permanency which satisfies the three elements.
Throughout this assessment we shall also outline Lisa's prospective defences to establish any right of ownership. This document shall then be
concluded with the legal advice obtained through the authorative methodology.
To begin with, looking at the sandstone model we can then identify its status and ownership through its classification being established as either
moveable or heritable. However, if the structure is held to be moveable in nature and subject to accession it would become the property of Lisa . The
case of Zahnrad Fabrik Passau GmbH v Terex Ltd. When looking at cases surrounding moveable property, 'diminution of efficiency' may result as
the test of accession . With this in mind, and applied to James' case, the folly 'rests on its own weight although the site had obviously been prepared
for it', it is further established that the folly is in one part, and needed to be removed by a crane to be replaced by a replica model due to 'substantial
damage'. It can be easily established that the folly has been in situ for a considerable amount of time and as illustrated in the case facts 'The plot was
very overgrown' it was only after considerable landscaping
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Examples Of Personal Property Securities
Personal property securities legislation – overview of the legal framework
The Personal Property Securities Act 2009 (Cth) creates a comprehensive national regime for personal property securities (PPS). Subject only to
limited exceptions, security interests over personal property are primarily governed by the PPS Act. These securities range from fixed and floating
charges over corporate assets, to share mortgages, to security interests over vehicles and aircraft, and to finance leases of plant and equipment. Common
examples of personal property include tangible property such as motor vehicles (including caravans and trailers), water craft, artwork, crops and
livestock, inventory, equipment, plant and machinery, and in–tangible property ... Show more content on Helpwriting.net ...
The PPS Act does not apply to interests in fixtures: s 8(1)(j). Legal practitioners should be aware that the PPS Act definition of fixture is not
identical to the general law concept of a fixture. As a result, this may impact on determining the scope of PPS Act when advising on or related to an
interest in fixture. See Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] NSWCA 8.
Legal practitioners should also be aware of the operation of s 8(1)(f)(i) of the PPS Act. This section provides that the PPS Act does not apply to the
creation or transfer of an interest in land.
In practice, this means if a grantor grants a security interest over land alone, this security interest is not registrable (or will not be perfected by
registration) on the PPS Register (PPSR), but this does not affect the state and territory based Torrens title system of registration, for example, the
registration of a mortgage of land.
It is not correct to think that the PPS Act plays no role in the taking of real property security. Examples of how the PPS Act may interact with real
property or real property security include:
A common form of security is a General Security Agreement (GSA) granted by a grantor to a lender (the secured party) to secure all assets of the
grantor including land. However, it as the PPS Act excludes interests in land, a PPSR
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Seller 's Disclosures And The Home Inspection Essay
SELLER 'S DISCLOSURES AND THE HOME INSPECTION
One of the more frustrating, but necessary elements of representing a seller or buyer of a house is getting through a home inspection. In order to
better deal with this ordeal we must first look at why it is so important and then look at the best way to educate the parties as to what to expect. In
order to avoid any problems during the process it is best for the parties to be forth right and make sure it is clear to all the parties as to what their
obligations are.
WHY IS THE INSPECTION SO IMPORTANT
New York is what is known in legal jargon as a "Caveat Emptor state" which literally means "Let the buyer beware" This has been handed down
through old English common law. The buyer in New York must insure that everything with theproperty is satisfactory before they sign the contract
and unless the contract sets forth conditions which seller must correct the buyer is purchasing the property "AS IS". There are certain customary
conditions which seller will insure, such as the treatment of termites, and most contracts will provide that appliances, plumbing, heating and electric
systems will be in working order AT THE TIME OF CLOSING. There are no guarantees or warranties provided. The electric system may be
working at the time of closing, but a buyer may discover after they move in that the 60 amp service that was adequate for the 85 year old seller, who
has owned the house for 70 years, is not adequate to run an air conditioner and
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Australian Personal Property Securities Laws Essay
Question 1
(a)
Australian laws relating to personal property securities ("PPS") have been messy for years, based on often incomplete state records which have never
been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal
property incorporates intellectual property , an important repository of wealth in the 21st century.
This causes a need to incorporatefor flexible and modern laws which encourage consumers and producers to "conveniently ... raise finance ...on the
security of such property"[2] which encourage investment which in turn leads to the creation of wealth.
The old PPS laws are majorly derived from 19th century legislation ... Show more content on Helpwriting.net ...
All the transactions even those which are not treated as a security interest will have to be treated the same. As a result, the levels of transparency and
certainty on third parties would be improved. The PPS reforms have ensured that there is a national electronic register which will cater for all security
interests in personal property. The register will be used as a notice board of the "registered personal securities" thus not providing conclusive evidence
of priority.[15]
The PPS Act has affected securities granted in regard to leases, hire purchase agreements, chattel mortgages, floating and fixed charges, and to
consignments of agreements and goods that incorporate title retention among others. Another major feature of the PPS Act reform is perfection to
prioritize security interests over other related security interests through control, possession, and registration.[16] For instance, contracts negotiability
and assignability of contracts have been changed and made more effective. The concept of security interest has been broadened to the extent of
including traditional securities such as mortgages and charges.[17] which will allow the borrowers to be in a position to get funds. The
... Get more on HelpWriting.net ...
A Report On Finance Co
1.Attachment
a.Finance Co. has a security interest in the bikes
A security interest attaches when (1) there is an agreement, (2) Debtor grants a security interest in movable property,(2) debtor had the rights in the
property, (3) value is given and (4) there is an authenticated security agreement that describes the collateral . (1) Here, financing had agreed to grant
working capitol to Mikes Bikes. (2) Mike's Bikes as owner of the bikes has rights in the property. (3) Finance gave value when they granted Mikes
Bikes $250,000 in working capitol. (4) The agreement Finance sent to Mike's Bikes qualifies as a security agreement. This because it grants a security
interest in the bikes. It adequately describes the bikes as inventory. Even though the fact pattern refers to it as personal property it is not because the
property is held in the trade of business. The bikes are inventory because they are held by the debtor for sale to consumers. The security agreement is
authenticated by the electronic signature of the debtor in the reply email. This is because multiple documents that are attached to each other can
qualify as a security agreement.
Finance's security interest would still attach to the bikes acquired after March 1, 2015 even though there security agreement did not contain the terms
or henceforth acquired. This is because it is assumed that a secured party would understand that inventory would be sold and replenished and would
therefore, take a security
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Dwelling Insurance Research Paper
With the recovery of the housing market, more people are purchasing real estate as an investment vehicle. If you own a one to four unit single family
home or small apartment building as a real estate investment, it's an excellent idea to consider purchasing dwelling insurance to protect your property.
The insurance agents at NorthEast Insurance Services, located in Englishtown, NJ, explain the basics of dwelling insurance and why you should
purchase it for your investment properties.
Dwelling insurance provides coverage to the structure of your investment property but not any of its contents, making it ideal for properties you own
that do not contain any of your personal belongings. Most dwelling insurance policies also include liability coverage.
... Get more on HelpWriting.net ...
Personal Property Legal Issue That Martin Faces Essay
I respectfully disagree with your analysis pertaining to the personal property legal issue that Martin faces. I take issue with the way you are defining
bailment and implying that Martin and Benjamin had an agreement to valet Martins GTO. Therefore, I take issue with your "bailment" positioning
because that implies that the car thief and Martin had a personal agreement for him to park and return the car. ("National Para Legal,") states
The issue of whether or not a bailment has been created is important because, once a bailment has been established, a duty of care attaches to the
bailee. Failure to live up to this duty of care can cause the bailee to be liable for any harm that results to the property from the failure of the bailee to
properly care for the property. However, if there is no bailment (only a custodial arrangement), the custodian has no affirmative duty to safeguard the
property (2016).
However, the only agreement that Martin had implied was with the restaurant, which was made in good faith. Furthermore, the restaurant failed Martin
because of their neglect to maintain their company's property, which intern lead to the theft.
Moreover, I understand your thought process for the most recent purchaser exercising his good faith stance. However, I do not believe that stance
would hold up in court because of the way the North Carolina law is written. According to ("North Carolina General Assembly,")
Article 3. Motor VehicleAct of 1937. Part 8. Anti–Theft
... Get more on HelpWriting.net ...
Case Study: A. Bonzi's Personal Property?
Case Study A Bonzi found a necklace while staying at a hotel that is owned by Alpha Corp, and the question, "to whom does the necklace belong?"
is asked. First of all, the type of property involved, from a legal perspective is personal property, and more specifically, tangible personal property
because the necklace is a physical object that can be moved and touched. In determining who the necklace belongs to, the legal decision that needs to
be made in relation to Bonzi is who has legal ownership of the necklace? There is a legal rule that applies to people like Bonzi who find property. To
start, it is important to note that personal property rights can be transferred by the intentions of one or more people, and it is possible to acquire ... Show
more content on Helpwriting.net ...
First, one would need to know whether or not the original owner intentionally abandoned the necklace or misplaced/forgot/lost the necklace. In the
former situation, they have no possession rights, but in the latter situations, they still have rights to the necklace. Additionally, finding the original
owner may be difficult. If they could not be located, it would be hard to determine whether the necklace was abandoned or not, but if they could be
found and they had abandoned the possession, the decision for possession rights is between Bonzi and Alpha Corp. Even if the original owner had
abandoned the necklace, one would still need to know where in the hotel the necklace was discovered by Bonzi. If the necklace was found in a
public area like the lobby of the hotel, Alpha Corp would have rights to the necklace. However, if Bonzi found the necklace in a private area such as
his hotel room, he would have rights to the necklace. In a situation where the original owner could not be located, either Bonzi or Alpha Corp would
gain possession based on where the necklace was found, and they could keep the necklace indefinitely unless the original owner came
... Get more on HelpWriting.net ...
Analysis Of Harvey Mann 's Will And Revoke All Prior Wills...
WILL OF HARVEY MANN
I, HARVEY MANN (Harvey) of Deerfield Illinois, make this my Will and revoke all prior Wills and codicils.
Article 1
Introduction
1.1My Family. My "spouse" is ERIN MANN (Erin). I have three (3) children now living, namely JASON MANN (Jason) who is 37, HILARY
JACOBS (Hilary) who is 35, and MARK MANN (Mark) who is 32. I intend by this instrument to provide for all my children, including any born or
adopted in the future.
Article 2
Gifts to Revocable Trust
I give my tangible personal property and the rest of the property I own at my death (excluding any property over which I have a power of
appointment) to the trustee of the Harvey Mann Trust dated April 26, 2017 previously signed by me, as in effect at my death... Show more content on
Helpwriting.net ...
To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or partition any real or personal property of my estate
for such price and on such terms as my executor sees fit;
(c)Real and Tangible Personal Property. To make leases and subleases and grant options to lease, although the terms thereof commence in the future; to
purchase, operate, maintain, improve, rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and to develop
or subdivide real property, grant easements, and take any other action with respect to real or tangible personal property that an individual owner thereof
could take;
(d)Borrowing. To borrow money from any lender (including my executor individually), extend or renew any existing indebtedness, and mortgage or
pledge any property;
(e)Investing. To invest in bonds, common or preferred stocks (including securities of any corporatefiduciary or of any affiliated corporation), notes,
options, common trust funds, mutual funds, shares of any investment company or trust or other securities, life insurance, partnership interests, general
or limited, limited liability company interests, joint ventures, real estate, or other property of any kind, regardless of diversification and regardless of
whether the property would be considered a proper estate investment;
(f)Distribution; Determination of Value. To distribute my estate in cash or in kind, or
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What Property Did Rumba Lease From Owner? Essay
ii.What Property Did Rumba Lease from Owner?
Assuming, arguendo, that the insured has a contractual obligation to insure the owner's property, in order to fall within subsection (A)(1)(b), the
property must be leased. Notably, any personal property must be leased pursuant to the March 11, 2015, lease agreement, because that is the agreement
from which the contractual obligation to insure the property might arise. The leased property as described in the lease agreement is: "those certain
premises, situated and lying in City of Baltimore, State of Maryland, known and designated as 7 East Lexington Street, Baltimore, Maryland 21202,
and consisting of approximately 2,000 square feet, more or less, first floor and the basement/storage area." If the lease agreement is limited only to
the real property discussed in the lease agreement, then any personal property would fall outside the scope of the requirement that the leased property
be insured. If, however, the lease was interpreted more broadly to include not only the real property described therein, but any personal property
belonging to the owner –notwithstanding the fact no personal property is described in the lease–then any such personal property might be covered
under subsection (A)(1)(b)(7) of the personal property coverage form.
Notably, the lease agreement makes no reference to insuring any personal property in addition to the premises that is the subject of the lease agreement.
The most reasonable interpretation of
... Get more on HelpWriting.net ...
Majority judgement of McHugh, Gummow, Hayne and Haydon JJ...
Majority judgement of McHugh, Gummow, Hayne and Haydon JJ said that if words used in a statute have a general common law meaning, they may
be given that meaning if the statute does not provide an alternative definition. They pointed to the fact that "pawn" in fact does have a recognised and
long established legal meaning.
They found that pawns or pledges are distinguished from chattel mortgages and the property rights thus created and in the two scenarios the rights of
the borrowers and lenders are fundamentally different and as a result the word "pawn" could not include two forms of security that are mutually
exclusive.
Majority went on to say that for such words as "pawn" that have a long established legal meaning if the parliament ... Show more content on
Helpwriting.net ...
They also went on to say that nothing in the Act allows scope for arguing that pawned goods include goods that are the subject of other forms of
security transaction and as such are governed by other legislature. They argue that pawn and pledge refer to a bailment of personal property as security
for a debt and as such are clearly distinct from a chattel mortgage, and one kind of transaction cannot be treated as being subsumed in the other.
Majority said because the transactions were mortgages of chattels they were bills of sale, regulated by the Bills of Sale Act rather than the
Pawnbrokers Act. They go on to say that those who drafted the act used one of the known "building blocks of the law of property".
The Pawnbrokers Act was just one of several Acts regulating provisions of credit. And as majority saw it the presence of such other statutes reveals
no reason to read the Pawnbrokers Act as designed to cover a field wider than its own words mark out.
Majority pointed to the critical difference between the 1996 and the 1902 Acts pointing to the differences between pawn or pledge and a chattel
mortgage and the different property rights created by the two fundamentally different types of security. They go on to say that if pawn is given its
accepted and long established legal meaning then the reasoning of the Court of Appeal is "necessarily flawed". They go on to say that pawn and
chattel mortgage are mutually exclusive
... Get more on HelpWriting.net ...
Personal Property Ethics
Responsibility in utilizing personal property, as a Christian should following a moderate approach that considers ways that are holy, just, and loving,
explains Hill (2008). Hill defines "personal property involves the assumption of, development, and ownership of a natural resources" (2008, p.233). The
difficulty in dealing with ethics toward property is the immaturely nature in which modern property is becoming. As explained by Hill, primeval
property was physical however property as defined in today's culture is intangible (2008). Addressing the spiritual and moral dilemmas that property
brings can be difficult.
In the scenario of Dave and Bonnie, who are thinking of building a recreation cabin on recently acquired land, many things as described ... Show more
content on Helpwriting.net ...
A short–term experiment could be explored before building a cabin. Dave and Bonnie could hire the old contractor to build a dock and they
purchase a boat to store at the dock. In the next weeks and months they can evaluate how much family time is spent at the actually spent on the
property. Over time Dave can explore further his convictions on not wanting to build or use the property. But as a wise man once consulted this
researcher: If you give a man a fish, he eats for a day. If you teach a man to fish he will want a boat. If he gets a boat he will need a truck to haul it. If
he gets a truck to haul it he will need a garage to store it. If he builds a garage to store it he will need a second job to pay off his boat, truck, and garage
thus leaving him no time to
... Get more on HelpWriting.net ...
Personal Property Issues: Case Study
Christen, thank you for your meaningful perspective on Martin's issues. Based on your assessment of Martin's personal property issues, I wanted
to address where I have a dissenting point of view. While I do agree with you as you described "when a third party relies on the agent, who is acting
on the principal's behalf, then the principal is legally liable for their actions. This also applies when a third party has reason to believe authority was
given to an individual that appears to be an agent, but really is not" (Christen, personal communication 2017). This quotation seems to describe a goods
in bailment contract. While, I do agree that when Martin gave his car to Benjamin an implied contract of a bailment agreement was formed, if Benjamin
... Show more content on Helpwriting.net ...
The ticket and the rights to the vehicle are consideration in which an exchange takes place, forming an implied goods in bailment contract.
Consequently, since a ticket was not exchanged for the car from an agent of the restaurant a contract never existed and therefore the restaurant
cannot be held liable (Kubasek et al.,2016). Additionally, you also mentioned that Martin's only recourse was to bring action against Benjamin for
stealing his property. Here too is where I believe that Martin not only can bring a suit against Benjamin, but he can also seek action against the
good faith buyer to render him whole on retrieval of the vehicle. Even though, Benjamin acquired Martin's vehicle through conversion, the good
faith buyer is liable to return the vehicle to Martin even if unaware that the vehicle was stolen (Schwartz & Scott,2011). Hence, some responsibility
is placed on the Martin to prove that he is in possession of a good title to recover the vehicle (Duke Law Journal,2001) and on doing so would prove
that he owns the vehicle free and clear (Kubasek et al.,2016). Moreover, the law principally is established to protect the rights of the owner expressly
conveyed by "Roman law maxim nemo dat quod non habet; meaning no one can transfer to another a better title than he himself has"
... Get more on HelpWriting.net ...
Exploring The Tax Treatment Of Deductions, Losses, Sales...
Investing in real estate has become increasingly popular over the last fifty years and has become a common investment vehicle. Although the real estate
market has plenty of opportunities for making big gains, buying and owning real estate is a lot more complicated than investing in stocks and bonds. It
is pretty common for people using rental property to offset high expenses and provide some cash flow. However, the tax effects on these transactions
can be complex and not well understood. This paper is focus on describing the tax treatment of deductions, losses, sales and exchange for real property,
especially a mixed–use rental property, where a property is used as a personal residence as well as for rental purpose.
1. Types of Residential Property for tax purpose
For tax purpose, there are three types residential property, which are personal use, the mixed–use, and rental use. The deductibility of the expenses and
rental losses depend on the categorization of the real property belong to. Therefore, it is important to understand the categorizations.
1) Personal
Obviously, if a real estate is used for personal purpose not for rental or business purposes, it is personal use real estate. However, it is still personal
use when a taxpayer rents out his or her personal residence less than 15 days during a tax year. Under this situation, the taxpayer is not required to
report the rental income and may not deduct any rental expenses other than mortgage interest and property
... Get more on HelpWriting.net ...
Personal Bankruptcy Laws: A Sacramento Bankruptcy Law
Most people would like nothing more than to be freed from their financial debt. Personal bankruptcy can provide you with legal protection from
your creditors and take care of much or all of your debt. There is the chance you will get to keep your home and car. In other words, personal
bankruptcy can be the salvation to financial ruin. By wiping out your old debts, you will find yourself in a better position to pay your current bills.
There are many reasons people find themselves in the situation of filing for bankruptcy. These include credit card debt, medical expenses, loss of job
and divorce. If you determine that this may be the right course of action for you, you should consult with a Sacramento bankruptcy lawyer who has
experience in the personal bankruptcy field. This is an important decision and the laws can be very complicated. ... Show more content on
Helpwriting.net ...
A Sacramento bankruptcy lawyer can provide you with all the pertinent information . Anyone can file for personal bankruptcy but since the laws do
tend to get quite involved, you should consider the services of an experienced attorney to make your filing more
... Get more on HelpWriting.net ...
Case Study Strauder V Allsright Essay
Personal Property Case Study
The case study "Parking Lot's Liability" is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's
negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the
lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a
another location. He was aware of the time when he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So
indeed a bailment was created. The definition of bailment is a transaction in which an owner ... Show more content on Helpwriting.net ...
Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the
terms of the contract. Legal liability usually takes the form of monetary damages to compensate for the breach of the legal duty. A requisite to the
creation of a bailment is the express or implied acceptance of possession or control over the property by the bailee. A person cannot unwittingly
become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement. (Cheeseman, 2010) Had
the parking garage been closed when the plaintiff left his car, there would be no bailment created. Lost, mislaid, and abandoned property is
categories of the common law of property which deals with personal property which has left the possession of its rightful owner without having
entered the possession of another person. Property can be considered lost, mislaid or abandoned. Property is generally deemed to have been lost if
it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. Property has
been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but then simply forgot. If property has been
abandoned, it is found in a place where the owner likely intended to leave it, but is in such a condition that
... Get more on HelpWriting.net ...

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Constructive Dividend Vs. Constructive Dividends

  • 1. Constructive Dividend Vs. Constructive Dividends Generally, a constructive dividend is unique from an ordinary dividend in many different ways. A constructive dividend is a form of payment to the shareholders from a corporation which can cause in financial benefits to its shareholder. Section 316(a) defines a dividend as any distribution of property (money, securities, and any other property except stock) that a corporation makes to its shareholders out of its current and accumulated earnings and profits after February 28, 1913. In other hand, a constructive dividend is a payment made by a corporation, which benefits to a shareholder even if the payment is made indirectly to the shareholder, and even there is no formal dividend declaration. Similarly, for tax purposes, the constructive dividend and normal dividend are treated the same as actual distributions, which are taxable to the shareholders to the extent of the current and accumulated earnings and profits of the corporation. Constructive dividend situations exist in various levels of corporations, especially in closely held corporations. The purposes of the constructive dividends are that the corporations intend to achieve some tax objectives to avoid actual and formal dividends. The following areas that the IRS usually focuses on to challenge the issues of constructive dividends to the shareholders and corporations: unreasonable compensation, shareholders use of corporation–owned property, bargain sale or bargain rental of corporate property to shareholders, ... Get more on HelpWriting.net ...
  • 2. The Current Service Level Agreement Introduction After reviewing the current Service Level Agreement (SLA) between Finman Account Management, LLC, Datanal Inc, and Minertek, evidence was found that security standards necessary to protect all parties were not addressed within the body of document. The following information technology security standards are recommended to protect all parties involved and should be applied to the SLA in this case. For Finman Account Management, the chief concern is to provide guidelines within the SLA that address data protection, authorized use, sharing of data, and retention/destruction of data. Furthermore, Finman is devoted to protecting intellectual property, patents, and copyright information while also safeguarding physical ... Show more content on Helpwriting.net ... (6) "Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data." (Key Definitions of The Data Protection Act | ICO, 2015). Authorized Use, Retention, Sharing, Destruction The primary focus of Finman's corporate data strategy is to limit the retention, sharing, use and destruction by Minertek and Datanal. An IT alignment strategy will match each organization's capabilities, resources, strengths, and risks to formulate strong goals for each partner to align. The standards and procedures proposed within ISO/IEC 20000 explain best practices for service management. ISO/IEC 20000 provides the approach for establishing best management practices and includes establishing policies and procedures to provide proper information assurance for data, cyber security awareness training and risk management. Cybersecurity awareness training will reduce the chances of risks occurring between the three parties engaging in any activity outside the best practices of the ISO/IEC 20000, while also mitigating risks to employees and networks. Once training has been completed, each company will be responsible for the unauthorized retention, sharing, use and destruction of Finman's corporate data. Furthermore, the ... Get more on HelpWriting.net ...
  • 3. Bailment: Giving Control Or Possession Of Personal Property Bailment is a giving control or possession of personal property by bailor to someone else called bailee for an agreed purpose and time. Bailment is not a sale. Person who gives the possession of his property still owns it and will get it back later depending on their agreement. Creation of bailment does not require formality. It can be either written or oral and in this example, bailment agreement was stated on the ticket. It was saying "WARNING: Not responsible for damage to personal property while on Greensboro Coliseum premises". So when Jeff gave his car in, he knew that he cannot keep them responsible for any damages that might occur. So after this incident happened, there is only one way for Jeff to gain legal rights related to damages ... Get more on HelpWriting.net ...
  • 4. Gifts Under Muslim Law and the Requirement of... Gifts under Muslim Law and the Requirement of Registration: An analysis of Legal Provisions and the Case Law Faizan I Nazar* I. Introduction Registration of some classes of documents is compulsorily required under the various statutes like Transfer of Property Act, Contract Act etc. The (Jammu and Kashmir) Registration Act, Svt 1970 (1922 A.D) is a specific Legislation which under section 17 enumerates the documents which have been compulsorily registered under the Act. The first class of document which is enumerated under clause (a) sub section (1) of section 17 of the Registration Act (hereinafter referred as 'the Act') is an 'instrument of gift of immovable property'. Thus as a general rule gifts relating to immovable property must ... Show more content on Helpwriting.net ... V. Fakhr Jahan Begum and Others referred to "Muhammadan law" by Syed Ameer Ali and approved the statement made therein that three conditions are necessary for a valid gift by a Muslim: a) Manifestation of the wish to give on the part of donor ; b) The acceptance of the donee , either impliedly or expressly; c) The taking of possession of the subject matter of the gift by the donee, either actually or constructively. According to section 129 of the Transfer of Property Act no rule of Mohamedan law shall be affected by chapter VII of the Transfer of Property Act relating to gifts. It, therefore, follows that an oral gift made by a Muslim is a valid gift and does not require registration, which otherwise is not a valid gift under section 123 of the Transfer of Property Act. In the context of sec.17 (1) (a) the pertinent question is about the applicability of the clause (a) to written gift executed by a Muslim in the light of section 129 of the Transfer of Property Act and the rules of Muslim law relating to gifts. The courts for a long time obscured the answer. In Sankesula Chinna Budde Saheb v. Raja Subbamma, the Andhra Pradesh High Court, after noticing three essentials of gift under the Muslim law, held that if a gift was reduced to writing, it requires registration under section 17(1) (a) of the Registration Act. It went on to hold that even if by virtue of section 129 of the Transfer of Property Act, a deed of gift
  • 5. ... Get more on HelpWriting.net ...
  • 6. Marital Deduction deduction is to achieve equal tax treatment of married couples in community property states and separate property states . After 1948, the Congress enacts the Tax Reform Act (TRA) of 1976, which indicated "single, graduated rate of tax imposed of both lifetime gifts and testamentary dispositions" . However, the carryover basis provision in 1976 was postponed in 1978 and repealed in 1980. In this case, the "old law" rules effects today carryover basis for inters vivo transfers and testamentary transfers . Today, every deceased United States citizen must be filed a Federal estate tax return, and if the nonresident aliens held property in the United States which value exceeds $60,000, the nonresident aliens also need to file the estate tax return . III. Marital Deduction for Marital Couples a.Marital Deduction Definition ... Show more content on Helpwriting.net ... For every decedents, estates is allowed to deduct the debts owed by the decedent at the time of his death, and estate is permitted to deduct the costs of estate administration from the value of the estate before taxes are imposed. However, for the marital couples, there is another deduction for them, which is called the marital deduction . The marital deduction allows deduct the value of the property, either outright or in certain trust arrangements, for the decedent's estate passing to a surviving spouse, whether or nor passing under the will . If the surviving spouse for a trust wants to qualify for the marital deduction, he or she must have almost complete control over the trust and its ultimate disposition. Furthermore, he or she cannot terminate interest . In this case, the Congress enacts the Qualified Terminable Interest Property (QTIP) rules. QTIP rules which indicated that even the property left in a terminable interest, if the property is qualified under certain rules, it still available for the marital deduction . b.Martial Property and Support ... Get more on HelpWriting.net ...
  • 7. Introduction. After Reading Over The Current Service Level Introduction After reading over the current Service Level Agreement (SLA) between Finman Account Management, LLC, and Datanal Inc, and Minertek, evidence was found that none security standards necessary to protect all parties are addressed within the document. The following information technology security standards are the recommended to protect all parties involved and should be applied to the SLA in this case. Finman Account Management, the chief concern is to provide guidelines within the SLA that address data protection, authorized use, sharing of data, and retention/destruction of data. Furthermore, Finman is devoted to protecting intellectual property, patents, and copyright while also safeguarding physical property. Statement of ... Show more content on Helpwriting.net ... (6) "Appropriate technical and organizational measures shall be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data." (Key Definitions Of The Data Protection Act | ICO, 2015). Authorize Use, Retention, Sharing, Destruction. The primary focus for Finman's corporate data is limiting the retention, sharing, use and destruction by Minertek and Datanal. An IT alignment strategy will match each organization's capabilities, resources, strengths, and risks to formulate strong goals from each partner to align. The standards and procedures proposed above ISO/IEC 20000 explain best practice for service management. ISO/IEC 20000 provides the approach for establishing best management practices which include establishing policies and procedures to provide proper information assurance for data, cyber security awareness training and risk management. Cybersecurity awareness training will reduce the chances of risks occurring between the three parties engaging in any active outside the best practices of the ISO/IEC 20000, while also mitigating risks to employees and networks. Once training has been completed each company will be responsible for the unauthorized retention, sharing, use and destruction of Finman's corporate data. Furthermore, the core of Finman's corporate data ... Get more on HelpWriting.net ...
  • 8. Choosing A Smart Property Purchase Choosing where to purchase properties is an important decision. You might be buying your first home or a home to rent out as an investment property. The fact is, everyone has different needs. Affordability, accessibility to public transport, and proximity to schools can all have a big impact on the value of a potential investmentproperty. If you're looking for your dream home, the criteria can be even more personal. Knowing how to make a smart property purchase decision can seem overwhelming, so it's important to understand the basics. What is your personal situation? Identifying the factors that are important to you is a good place to start. Ask yourself what you need the property to achieve for you. Then, see if the property ticks all those important boxes. Knowing whether you need an investment that is cash–flow positive, or if you can sustain an investment property that might build some long–term capital gain, is a good basis for your decision–making. If your plan is to renovate for capital gain, then that off–the–plan property might not be the right investment for you. Also, before you think about buying in a regional location, look at the industries that are integral to the region and consider how secure those industries are. There are no guarantees in life and if your personal finances can't withstand a downturn, then that location may not be the best choice for you. How much you can actually afford to borrow is another important factor. Talk to a trusted mortgage ... Get more on HelpWriting.net ...
  • 9. Will And Revoke All Prior Wills And Codicils WILL OF ALICE HAYES I, Alice Hayes, of Libertyville, Illinois, make this my Will and revoke all prior wills and codicils. Article 1 Introduction My Family. I was married, but my husband has deceased. I have three (3) children now living, namely TROY HAYES (Troy), MARISSA MARSHELL (Marissa), and JOHN HAYES (John). I intend by this Will to provide for all my children, including any born or adopted in the future. I have six (6) grandchildren now living, namely ROBERT HAYES (Robert), JUNE HAYES (June), DAVID HAYES (David), JAMES MARSHALL (James), CONSTANCE MARSHALL (Constance), and SARAH HAYES (Sarah). Article 2 Gifts on My Death 2.1Specific Gifts of Tangible Personal Property. I give the following tangible personal property upon my ... Show more content on Helpwriting.net ... 2.3 General/Demonstrative Gifts. I give my general or demonstrative legacies as follows. (a) I give ten thousand dollars ($10,000) to each of my grandchildren who survive me. (b) I give five thousand dollars ($5,000) to my friend, WALTER WALSH (Walter) of Island Lake Illinois, if he survives me. (c) I give two thousand five hundred dollars ($2,500) to my friend ELIZABETH FORD (Elizabeth) of Zion Illinois if he survives. (d) I give five thousand dollars (5,000) to my sister FRANCINE FRANCO (Francine) of Island Lake Illinois, if living, otherwise to her husband, BERNARD FRANCO (Bernard), of Island Lake Illinois. (e) I give ten thousand dollars (10,000) to my church, St Joseph's in Zion, Illinois.
  • 10. (f) I give ten thousand dollars ($10,000) to the American Cancer Society at the local Chicago Chapter. (g) I give fifteen thousand dollars ($15,000) to Orphans of the Storm. (h) I give twenty thousand dollars ($20,000) to the local chapter of the Juvenile Diabetes Research Foundation in honor of my granddaughter Constance. (i) I want all of my shares of ABC stock to be evenly divided into three equal portions as follows: (a) I give one portion to my niece, FLORA FRANCO (Flora) and FAUNA FRANCO (Fauna), if living, otherwise to their descendants. (b) I give another portion to the children of my son, Troy if living or otherwise to their descendants, but even if living, my ... Get more on HelpWriting.net ...
  • 11. Personal Narrative: Property Damage On June 18, 2016 at approximately 0656 hours I responded to 644 B Street in reference to property damage. Upon my arrival I was met by Dematria Yount and Gary Overturf. Overturf explained that he was woken up by his neighbor, Latoya White, due to someone cutting a tire on his vehicle. I spoke with White and she explained that she observed a white passenger vehicle with Arkansas registration approach Overturf's vehicle. A skinny, bald, white male wearing a red shirt exited the vehicle and began striking Overturf's parked 1999 Mercury sedan. The driver of the white vehicle was yelling for the white male to hurry. The driver was describe as a white female. The male then entered the white vehicle and they drove away passing directly in front... Show more content on Helpwriting.net ... Holmes was mirandized upon my arrival. He explained he and Mclaughlin had been arguing. Before she brought him to work they stopped by 644 South B Street at "Dees" and he attempted to slash the tires on a vehicle sitting in her yard. When asked why he cut the tires he advised that he was highly agitated and not thinking clearly due to arguing with Mclaughlin. I then asked why he chose the vehicle and he explained it was due to the owners of the vehicle owing McLaughlin's mother money. Holmes was placed in handcuffs which were checked for proper fit then double locked and transported to booking for processing. At this time I discovered a small portion of marijuana in Holmes's front right pocket along with the knife he confirmed using to cut the tire. Holmes then handed me a small white metal pipe with burnt residue inside the pipe. After processing Holmes was lodged at the Butler County Justice Center awaiting bond. I made contact with Mclaughlin at 1010 Fairmount Street where she was immidiettly mirandized upon my arrival. She advised she and Holmes had been arguing and he asked her to take a long way to his work. Along the way they stopped at "Dee's" house on B Street. Holmes exited the vehicle and told her to wait around the block. Holmes shortly reentered the vehicle in the 600 block of Abbot. When asked why he would want to destroy the tires she advised that it as due to "Dee" owing her mother roughly $200.00. All seized items were placed into ... Get more on HelpWriting.net ...
  • 12. The Probate Process Probate is a process which begins when an individual passes away. This legal process oversees the administration of the person's estate and the resolution of any claims that may be placed on this estate. Upon completion of the debt resolution process, assets are distributed as laid out by the person who passed away. Probate law is the area of law that interprets any instructions of the person who is deceased and determines who will become executor of the will and serve as this person's personal representative. In addition, it adjudicates the interests of anyone who has a claim against the estate, including heirs and other parties. The Administration Of Probate Law The first step in the probate process involves formally declaring the will of the deceased to be valid. Legal notices must be published and all creditors notified when the individual passes away. The law outlines how assets must be distributed and creditors paid and puts time constraints on the filing and object of claims against this estate. Separate procedures are needed when an ... Show more content on Helpwriting.net ... A living trust allows one to avoid probate and assets may be transferred without going through the probate process with the aid of transfer–on–death or paid–on–death accounts. Joint tenancy with survivorship is a way for property to be transferred without going through probate. A beneficiary may also be named on a life estate deed to have property passed down through the generations. As different assets may be distributed various ways to ensure they aren't part of the probate process, it is best to seek legal advice. The cost of creating trusts, joint tenancies and more need to be compared to the costs of probate. Doing so ensures the person creating the will, estate plan or trust reduces the burden on those left behind. A probate lawyer works with clients to determine which items they need and which they may do ... Get more on HelpWriting.net ...
  • 13. Ethics And Intellectual Property : Personal Property ETHICS AND INTELLECTUAL PROPERTY Introduction In this week's assignment, we will look at the subject of ethics and intellectual property. First, start off by looking at the basics of what intellectual property, and take a closer look at case that has involved these issues. Then we will discuss why it is important to protect intellectual property. Next we will look at how can intellectual property be protected? Then we will discuss if intellectual protections ever go "too far"? Finally what is the proper balance between content producers and the public good? Why is it important to protect intellectual property? Before looking at the case I selected and the questions posed in this paper, what is intellectual property? Intellectual property is defined as intangible (not a physical thing, such as an idea) property, the product of human ingenuity, protected by law (Lau, Johnson, Pg. 155, 2001). It is important to have a system in place to be able to register and protect these ideas and intangible property, so that the rightful owners of this property get the proper recognition and possible rewards. Now let us look at the legal case Liberty Ammunition LLC vs. U.S.. In July 2010 Liberty Ammunition LLC an ammunition manufacture filed and was granted a patent for a newly designed firearms projectile (bullet). This new bullet design replaced the core of the bullet that is commonly made of lead with a copper core. This new bullet was dubbed a "Green Bullet" since the new copper ... Get more on HelpWriting.net ...
  • 14. 10th Floor Brokers Case Study http://10thfloorbrokers.com/properties The efficiency of the 10th Floor Brokers Home sweet home; this is what you all dream about. A smarter option is now available where you get the privilege of getting apartments at very reasonable price. You just need to log on to the site http://10thfloorbrokers.com/properties and you get all the details that you need .All that you have been thinking can be achieved once you get in touch with the property dealers who helps you to get apartments on rent and the desired location. The advantages of getting apartments for rent in Minneapolis: The company is efficient enough to understand your need, since they are operating from the year 2003 and would guide you to get exactly what you have planned for. ... Get more on HelpWriting.net ...
  • 15. Landlord Insurance Essay Landlord insurance If you have investment properties and are using them to rent to tenants the normal home owners insurance will not be suitable. Landlord insurance policies are there to specifically cover problems that are related to having tenants in your home and therefore quite a bit more expensive than a home owners insurance The insurance will cover aspects that are useful to the landlord such as the buildings, personal belongings if you are renting a furnished apartment, liability and loss of rent. Why you need Landlord insurance. As a landlord you are not certain who the tenant is going to be and how they will be treating your very valuable asset. Therefore when you consider a landlord insurance you need to consider these factors. Protecting yourself against building damage. This will cover damage from ... Show more content on Helpwriting.net ... Since you are renting ensure to include accidental damage so that if a mirror or piece of furniture is spoiled you are able to fix it without having to pay through your own funds. If you are mortgaging the property and rely on the monthly rent to keep up with the payments then it is worth your while to consider a loss of rent to be added to the landlords policy. This will give you the peace of mind that if for some reason the building becomes uninhabitable that the rent will be covered and you will still be able to pay the mortgage. Having a landlord insurance that will cover emergency repairs will be very useful. The reason being that emergency repairs can happen at any time and you would not like to delay due to financial constraints and inconvenience to your tenants. These type of insurances generally will tend to the gas leak, water burst or even pest infestation sorted out within 24 hours and covering every day of the year. Insurance
  • 16. ... Get more on HelpWriting.net ...
  • 17. LAW 531 Week 3 Knowledge Check Study Guide 1 Essay Week 3 Knowledge Check Study Guide Concepts Mastery Agreement, consideration, Score: 18 / 18 Questions 100% 1 2 3 100% 4 5 6
  • 19. 18 and capacity Remedies for breach of contracts Mislaid, lost, or abandoned property Concept: Agreement, consideration, and capacity Mastery 100% Questions 1 2 3 1. What is true about the acceptance of a contract? A. It is effective only once it has reached the offeror, whether or not it has been properly dispatched by the offeree. B. It must not support the mirror image rule. C. It must be an unequivocal acceptance, without conditions or exceptions. D. It cannot be ... Show more content on Helpwriting.net ... Concept: Intellectual property Mastery 100% Questions 7
  • 20. 8 9 7. Identify the true statement about the legal protection of trade secrets. A. The law allows individuals or companies the use of trade secrets discovered through reverse engineering. B. The law does not place the obligation to protect trade secrets on the owners of the trade secrets. C. The law mandates that all trade secrets be copyrighted. D. The law does not categorize the stealing of a trade secret as a federal crime. Correct: The Correct Answer is: A. The law allows individuals or companies the use of trade secrets if they have been discovered through reverse engineering. Reverse engineering involves the study of a product to discover how it was made. 8. What type of subject matter can be patented according to the U.S. federal government? A. Scientific hypotheses and principles B. Abstractions C. Designs for a manufactured product D. Obvious inventions Correct: The Correct Answer is: C. Subject matter related to machines, designs for a product of manufacture, living material produced by an individual, and improvements to existing machines can be patented. Abstractions and scientific principles cannot be patented. 9. Caleb, a doctoral student, is sued by the author of a textbook for copyright infringement. The court rules that Caleb is not guilty since the content was used for the purpose of
  • 21. review in his research paper. In addition, he has written these ... Get more on HelpWriting.net ...
  • 22. International Real Estate Is Important For Your Properties... International Real Estate Shows What is the best way to meet many foreign buyers for your properties and establish personal connections with potential business partners abroad? To participate in international real estate shows in the foreign countries of course. This chapter is mostly aimed at realtors and developers, although for a private seller it would be also informative if you want to have your property presented at such a show, then you have to know what to ask your realtor – whether they go to any international real estate shows, in what countries, what are the results and how your property might be represented at the upcoming shows, where and when. It is the most exciting and also the most expensive way of reaching out to the market of the foreign buyers for international real estate – the costs of flights, hotels, visas plus exhibition fees and translation and interpreting sum up. This method of real estate marketing to foreigners can be effective or just a huge money waster depending on a number of circumstances. Of course, as always you would like to get a good return on your investment which is an impressive number of sales of your international properties to foreigners resulting from your participation in a real estate show in this case. Here are 4 major risks (to lose your money) involved in going to a real estate show abroad: *Choosing a wrong show in terms of targeting visitors as some international real estate shows are more popular among the foreign ... Get more on HelpWriting.net ...
  • 23. Pros And Disadvantages Of Tax Abatement Tax Abatement Student's Name Institution Affiliation Tax Abatement Tax abatement is a concept that is often utilized to refer to the situation where the government grants some type of tax reductions, or completely exempts certain entities from paying taxes for a given period of time with the sole aim of stimulating industrial, real estate, or job market development. Freilich, Sitkowski, Mennillo, and Freilich (2012) pointed out that tax–abated redevelopment is important since it provides an effective platform for entities to flourish within a deteriorating area. Harris, McKenzie, and Rentfro (2014) also stated that once in a while, governments may grant tax exemptions or reductions to particular taxpayers so as to encourage expansion of current operations within the jurisdiction of the government. Tax abatement is not infinite. It exists only for a specified period of time and is usually kickstarted by a constitutional amendment of some sort. Advantages of tax abatement Dynamic technological developments coupled with economic dislocations have led to slow economic growth leading to situations where the country is laden with underemployed or unemployed individuals. In the midst of such economic difficulties and structural changes, it is the hope of the citizens that local authorities will implement legislation and other measures to help spur economic growth and create more jobs. Gary (2015) observed that one of the favorite development incentives ... Get more on HelpWriting.net ...
  • 24. Simon Property Group Work Personal Statement I discovered my passion in real estate when working in Simon Property Group's shopping mall developments in China. I was the financial analyst in GMI Retail Management (a retail development and management company – JV of Simon Property Group, Morgan Stanley and SCP). After the intensive two–year development phase, four regional shopping centers, totaling 3.8 million square feet, were built and opened. This experience helped me gain knowledge of real estate business, analytical and critical thinking skills, and the ability to work under heavy pressure. More importantly, I was fortunate enough to work with a group of senior executives from Simon Property Group; two of them became my mentors. They are my role models, and always challenged and ... Get more on HelpWriting.net ...
  • 25. Evaluating Commercial Property As a landlord, you own commercial property in order to make money, right? In order to make money on your commercial property, you need to find the best tenants to rent your property. Commercial Property Briefly, commercial property is often thought of as the strip malls, industrial business complexes, office spaces – where people work and shop. But commercial property also can refer to private residences – the houses, condominiums, and apartments. It doesn't matter which type of "commercial" property (or properties) you own, you still need to have qualified renters occupying your properties. Evaluating a good commercial property tenant Thanks to some creative advertising, you have some possible renter candidates for your commercial property. ... Show more content on Helpwriting.net ... If the business is newly formed, the directors should provide a personal guarantee for the entity named on the lease. The ability to provide a 3 – 6 month rent deposit in advance. Ask for personal information to complete a credit check if the prospective tenant is a new business. A credit check can indicate the candidate's ability to pay on time, has declared bankruptcy, or has the ability to pay the lease if the business closes. Evaluate the stability of the business. Look at the debts and creditors, the sales numbers, and if prior bankruptcy has been filed. Assess risk: Does the candidate have all required licenses and comply with applicable laws regarding that business. What is the purpose of the tenant's business? Use social media to pick up on any positive or negative chatter about the company. An unusually high level of negative comments about the business (or
  • 26. individuals) may be a red flag about the reliability of the business as your tenant. Continue investigating it, if possible. Consider hiring a professional tenant screening company to perform criminal searches, evictions, check references, bankruptcies and liens, and run the credit ... Get more on HelpWriting.net ...
  • 27. Why Are Monk Allowed To Own Personal Property? Monks are not allowed to own personal property. Therefore, the monastery gives them everything they need in order to survive, but they are to have no more than basic necessities. Around the year 500 monks began to get around this rule. Since it was clear that they could not have personal property, they gave everything to the monastery. Rapidly, the monastery became a lavish place. Benedict, in particular, did not approve of this. He thought monks should vow poverty. He became disgusted by society and became a hermit. He left Rome to live in a cave. Many believed Benedict was holy, and was isolating himself just as Jesus did for contemplation. Nearby, an abbot died, which left a monastery full of monks without a leader. The group of monks went ... Show more content on Helpwriting.net ... Obedience is more than simply doing what the abbot has ordered. They must also complete these acts happily and with the goodness of their heart. Benedict explains this, "This very obedience, however, will be acceptable to God and agreeable to men only if compliance with what is commanded is not cringing or sluggish or half–hearted, but free from any reaction of unwillingness. (30) If a monk does do what he is ordered, but not from the goodness of his heart it is believed that God will know, "If a disciple obeys grudgingly and grumbles, not only aloud but in his heart, then, even though he carries out the order, his action will not be accepted with favor by God, who sees that he is grumbling in his heart" (30–31) Benedict also says that God will not reward anyone for their actions, and instead will punish he who has a grumbling heart. A monk is not to only obey the abbot, but also his brothers and his seniors, "Obedience is a blessing to be shown by all, not only to the abbot but also to one another as brothers, since we know that it is by this was of obedience that we go to God." (93–94) Punishment could also be given to those who did not obey their brothers or ... Get more on HelpWriting.net ...
  • 28. Real Property Vs Personal Property Real property and personal property holders have the several rights in common because they both can control and manage the property, they can use it or discard it. Both owners can sell or give it away as gifts. They can withdraw or discard it as well. Although, a real property owner could be more complicated in several ways than a personal property. A Real estate might come from heritage with several beneficiaries with a life estate. Though, private property is different because a realty has two other aspects that personal property does not hold. A land is permanent and cannot be destroyed while using it. Connecticut recognized adverse when a person openly, visibly occupy a land for continuously fifteen years. However, if the owner is legally ... Show more content on Helpwriting.net ... DUNN BROTHERS, INC., et al. v. WANDA M. LESNEWSKY. Procedural History The Defendant appealed from a decision of the Superior Court that permanently prohibited from interfering with the right of the three corporate plaintiffs to enjoy the use of a railroad spur track. Issue Whether the owner of the servient estate extends the right of subsequent owners or it is merely personal to be resolved by seeking the intent definite it in the agreement. Fact Three plaintiffs brought an action against the defendant who owns one of four connecting parcels of property in the town of South Windsor formerly belongs to a common grantor. The land had a siding that had been in perpetual use by the plaintiffs and their ancestors since 1915, with the title includes an appurtenance to each specific parcel. A spur passage runs from the main line to the eastward position across the defendant's land, and into Quinnipiac Industrial Corporation, one of the plaintiff lands proceed to the north joining land owned by another plaintiff Propane Gas Service, Inc., and within the land of the plaintiff Dunn Brothers, Inc. Until, June 1970, the defendant built a fence and refused the plaintiffs to use the spur passage access to the parcel of ... Get more on HelpWriting.net ...
  • 29. Homeowners Should Invest In Home Insurance Your home deserves the full protection of a home insurance policy. Based in New York City, Sun Ray Corp provides a wide range of insurance coverage. The company's experts say home insurance is a must for safeguarding your property from certain devastating perils. Here are three reasons why every homeowner should invest in home insurance: It's Required If You Have AMortgage: If you have a mortgage, it means some or most of your property is owned by a lender. It's in the best interest of lenders to make sure their property is protected, and a basic level of home insurance coverage is required if you have a mortgage. This basic coverage protects your home from hazards such as fire, wind, and hail. It Protects Your Property: The basic level ... Get more on HelpWriting.net ...
  • 30. The Advantages And Disadvantages Of Renting Vs. Owning A Home Personal Finance Unit Five a.Describe in detail the advantages and disadvantages of renting versus owning a home. The advantage of renting a dwelling is the lack of time commitment required. If a lease is required, it may be for a one–year term. If the situation is not agreeable to the tenant, or the tenant needs to relocate out of the area, or prefers a different location, the option to move is available without a penalty. Some rental units may be available on a monthly basis. While many rental agreements require a security deposit, that deposit would be significantly less than a down payment and loan closing costs required for the purchase of a residence. While the rental amount may cover the owner's cost of insurance, maintenance, and taxes, they are not the direct responsibility the tenant. Maintenance and repairs are also the responsibility of the property owner not the tenant. A tenant has much less responsibility than the property owner. The disadvantages of renting can be the restrictions set forth by the landlord or property owner. These may include prohibiting modifications of the unit such as ... Show more content on Helpwriting.net ... One of which is the commitment of a long–term mortgage. If a person anticipates being in an area for a short term or temporarily a long–term obligation would not make sense. Along with the monthly mortgage payment is the requirement for taxes and insurance to be paid. These can add up to thousands of dollars annually. Maintenance and repairs also fall to the property owner. The cost of the repair and finding someone qualified and reputable to do the repair can be quite stressful. Should an owner want to move, the time frame to liquidate the asset may take much longer than one is anticipating. In that case the home controls them and the access to the cash value is limited. Home ownership is a long–term commitment that requires an investment of money and ... Get more on HelpWriting.net ...
  • 31. The Essentials Of The Requirements For Secured Transactions I wanted to reach out the team today and go over the requirements for Secured Transactions and to be sure that all team members of the business are aware of what it is and how to create one. Secure Transactions will help to ensure that we as a business will be able to recover our interest if any client defaults on a credit obligation to the business. While the Secured Transactions help both parties, we should be very cautious in entering any agreements that are not secured or have not been fully perfected and understand the risk associated. There are 6 key terms that the business should be familiar with when entering into secured agreements with consumers (business and personal consumers). They are Secured Transactions, Debtor,... Show more content on Helpwriting.net ... To create the Security Transaction, the creditor will need to 1) create a written authenticated security agreement that clearly describes the collateral subject to the security interest 2) The secured party must give the debtor something of value and 3) The debtor must have rights in the collateral. These three things should be clearly defined in the Security Agreement so that both parties understand the condition of the transaction. If more than one creditor has a security interest in the same collateral, both companies may not recover the debt from the debtors in cases of bankruptcy where a third party may have their debts satisfied from the same collateral. One way to avoid this is to perfect the agreement which is the legal process that secured parties protect themselves against third party claims to have their debts satisfied from the same collateral. One of the most common ways to perfect a secured transaction is perfection by filling. This is when a debtor files a financing statement with the appropriate government office. By filing with the government office, this will be satisfactory in notifying the public of the Security Interest in the collateral. Another form of perfection is perfection by possession where a debtor transfers the collateral to the creditors possession. When the debt is paid off, the collateral is then returned to the debtor. Another common perfection method is by ... Get more on HelpWriting.net ...
  • 32. Legal Advice For The Client This written assessment is deliberation of legal advice for the client, James, based on his dispute with his neighbour Lisa; this shall be achieved by means of critical analysis and full reference of pertinent authority to complement the scope of case facts. With due consideration of the facts present we can identify that the key legal issue is accession. This gives us the notion that one [thing] which is united with another [thing] becomes an integral part component of that other [thing]. It presupposes that one object can be regarded as the main object . Under the roman derived maxim 'Accessorium principali sequitur' . The allocation of ownership of the sandstone structure, (herein referred to as folly) can be established in cases ... Show more content on Helpwriting.net ... This assessment will determine if the folly has become heritable by annexation , whether there is functional subordination , then further into the notion of quasi–permanency which satisfies the three elements. Throughout this assessment we shall also outline Lisa's prospective defences to establish any right of ownership. This document shall then be concluded with the legal advice obtained through the authorative methodology. To begin with, looking at the sandstone model we can then identify its status and ownership through its classification being established as either moveable or heritable. However, if the structure is held to be moveable in nature and subject to accession it would become the property of Lisa . The case of Zahnrad Fabrik Passau GmbH v Terex Ltd. When looking at cases surrounding moveable property, 'diminution of efficiency' may result as the test of accession . With this in mind, and applied to James' case, the folly 'rests on its own weight although the site had obviously been prepared for it', it is further established that the folly is in one part, and needed to be removed by a crane to be replaced by a replica model due to 'substantial damage'. It can be easily established that the folly has been in situ for a considerable amount of time and as illustrated in the case facts 'The plot was very overgrown' it was only after considerable landscaping ... Get more on HelpWriting.net ...
  • 33. Examples Of Personal Property Securities Personal property securities legislation – overview of the legal framework The Personal Property Securities Act 2009 (Cth) creates a comprehensive national regime for personal property securities (PPS). Subject only to limited exceptions, security interests over personal property are primarily governed by the PPS Act. These securities range from fixed and floating charges over corporate assets, to share mortgages, to security interests over vehicles and aircraft, and to finance leases of plant and equipment. Common examples of personal property include tangible property such as motor vehicles (including caravans and trailers), water craft, artwork, crops and livestock, inventory, equipment, plant and machinery, and in–tangible property ... Show more content on Helpwriting.net ... The PPS Act does not apply to interests in fixtures: s 8(1)(j). Legal practitioners should be aware that the PPS Act definition of fixture is not identical to the general law concept of a fixture. As a result, this may impact on determining the scope of PPS Act when advising on or related to an interest in fixture. See Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] NSWCA 8. Legal practitioners should also be aware of the operation of s 8(1)(f)(i) of the PPS Act. This section provides that the PPS Act does not apply to the creation or transfer of an interest in land. In practice, this means if a grantor grants a security interest over land alone, this security interest is not registrable (or will not be perfected by registration) on the PPS Register (PPSR), but this does not affect the state and territory based Torrens title system of registration, for example, the registration of a mortgage of land. It is not correct to think that the PPS Act plays no role in the taking of real property security. Examples of how the PPS Act may interact with real property or real property security include: A common form of security is a General Security Agreement (GSA) granted by a grantor to a lender (the secured party) to secure all assets of the grantor including land. However, it as the PPS Act excludes interests in land, a PPSR ... Get more on HelpWriting.net ...
  • 34. Seller 's Disclosures And The Home Inspection Essay SELLER 'S DISCLOSURES AND THE HOME INSPECTION One of the more frustrating, but necessary elements of representing a seller or buyer of a house is getting through a home inspection. In order to better deal with this ordeal we must first look at why it is so important and then look at the best way to educate the parties as to what to expect. In order to avoid any problems during the process it is best for the parties to be forth right and make sure it is clear to all the parties as to what their obligations are. WHY IS THE INSPECTION SO IMPORTANT New York is what is known in legal jargon as a "Caveat Emptor state" which literally means "Let the buyer beware" This has been handed down through old English common law. The buyer in New York must insure that everything with theproperty is satisfactory before they sign the contract and unless the contract sets forth conditions which seller must correct the buyer is purchasing the property "AS IS". There are certain customary conditions which seller will insure, such as the treatment of termites, and most contracts will provide that appliances, plumbing, heating and electric systems will be in working order AT THE TIME OF CLOSING. There are no guarantees or warranties provided. The electric system may be working at the time of closing, but a buyer may discover after they move in that the 60 amp service that was adequate for the 85 year old seller, who has owned the house for 70 years, is not adequate to run an air conditioner and ... Get more on HelpWriting.net ...
  • 35. Australian Personal Property Securities Laws Essay Question 1 (a) Australian laws relating to personal property securities ("PPS") have been messy for years, based on often incomplete state records which have never been centralised. The major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation.[1] Personal property incorporates intellectual property , an important repository of wealth in the 21st century. This causes a need to incorporatefor flexible and modern laws which encourage consumers and producers to "conveniently ... raise finance ...on the security of such property"[2] which encourage investment which in turn leads to the creation of wealth. The old PPS laws are majorly derived from 19th century legislation ... Show more content on Helpwriting.net ... All the transactions even those which are not treated as a security interest will have to be treated the same. As a result, the levels of transparency and certainty on third parties would be improved. The PPS reforms have ensured that there is a national electronic register which will cater for all security interests in personal property. The register will be used as a notice board of the "registered personal securities" thus not providing conclusive evidence of priority.[15] The PPS Act has affected securities granted in regard to leases, hire purchase agreements, chattel mortgages, floating and fixed charges, and to consignments of agreements and goods that incorporate title retention among others. Another major feature of the PPS Act reform is perfection to prioritize security interests over other related security interests through control, possession, and registration.[16] For instance, contracts negotiability and assignability of contracts have been changed and made more effective. The concept of security interest has been broadened to the extent of including traditional securities such as mortgages and charges.[17] which will allow the borrowers to be in a position to get funds. The ... Get more on HelpWriting.net ...
  • 36. A Report On Finance Co 1.Attachment a.Finance Co. has a security interest in the bikes A security interest attaches when (1) there is an agreement, (2) Debtor grants a security interest in movable property,(2) debtor had the rights in the property, (3) value is given and (4) there is an authenticated security agreement that describes the collateral . (1) Here, financing had agreed to grant working capitol to Mikes Bikes. (2) Mike's Bikes as owner of the bikes has rights in the property. (3) Finance gave value when they granted Mikes Bikes $250,000 in working capitol. (4) The agreement Finance sent to Mike's Bikes qualifies as a security agreement. This because it grants a security interest in the bikes. It adequately describes the bikes as inventory. Even though the fact pattern refers to it as personal property it is not because the property is held in the trade of business. The bikes are inventory because they are held by the debtor for sale to consumers. The security agreement is authenticated by the electronic signature of the debtor in the reply email. This is because multiple documents that are attached to each other can qualify as a security agreement. Finance's security interest would still attach to the bikes acquired after March 1, 2015 even though there security agreement did not contain the terms or henceforth acquired. This is because it is assumed that a secured party would understand that inventory would be sold and replenished and would therefore, take a security ... Get more on HelpWriting.net ...
  • 37. Dwelling Insurance Research Paper With the recovery of the housing market, more people are purchasing real estate as an investment vehicle. If you own a one to four unit single family home or small apartment building as a real estate investment, it's an excellent idea to consider purchasing dwelling insurance to protect your property. The insurance agents at NorthEast Insurance Services, located in Englishtown, NJ, explain the basics of dwelling insurance and why you should purchase it for your investment properties. Dwelling insurance provides coverage to the structure of your investment property but not any of its contents, making it ideal for properties you own that do not contain any of your personal belongings. Most dwelling insurance policies also include liability coverage. ... Get more on HelpWriting.net ...
  • 38. Personal Property Legal Issue That Martin Faces Essay I respectfully disagree with your analysis pertaining to the personal property legal issue that Martin faces. I take issue with the way you are defining bailment and implying that Martin and Benjamin had an agreement to valet Martins GTO. Therefore, I take issue with your "bailment" positioning because that implies that the car thief and Martin had a personal agreement for him to park and return the car. ("National Para Legal,") states The issue of whether or not a bailment has been created is important because, once a bailment has been established, a duty of care attaches to the bailee. Failure to live up to this duty of care can cause the bailee to be liable for any harm that results to the property from the failure of the bailee to properly care for the property. However, if there is no bailment (only a custodial arrangement), the custodian has no affirmative duty to safeguard the property (2016). However, the only agreement that Martin had implied was with the restaurant, which was made in good faith. Furthermore, the restaurant failed Martin because of their neglect to maintain their company's property, which intern lead to the theft. Moreover, I understand your thought process for the most recent purchaser exercising his good faith stance. However, I do not believe that stance would hold up in court because of the way the North Carolina law is written. According to ("North Carolina General Assembly,") Article 3. Motor VehicleAct of 1937. Part 8. Anti–Theft ... Get more on HelpWriting.net ...
  • 39. Case Study: A. Bonzi's Personal Property? Case Study A Bonzi found a necklace while staying at a hotel that is owned by Alpha Corp, and the question, "to whom does the necklace belong?" is asked. First of all, the type of property involved, from a legal perspective is personal property, and more specifically, tangible personal property because the necklace is a physical object that can be moved and touched. In determining who the necklace belongs to, the legal decision that needs to be made in relation to Bonzi is who has legal ownership of the necklace? There is a legal rule that applies to people like Bonzi who find property. To start, it is important to note that personal property rights can be transferred by the intentions of one or more people, and it is possible to acquire ... Show more content on Helpwriting.net ... First, one would need to know whether or not the original owner intentionally abandoned the necklace or misplaced/forgot/lost the necklace. In the former situation, they have no possession rights, but in the latter situations, they still have rights to the necklace. Additionally, finding the original owner may be difficult. If they could not be located, it would be hard to determine whether the necklace was abandoned or not, but if they could be found and they had abandoned the possession, the decision for possession rights is between Bonzi and Alpha Corp. Even if the original owner had abandoned the necklace, one would still need to know where in the hotel the necklace was discovered by Bonzi. If the necklace was found in a public area like the lobby of the hotel, Alpha Corp would have rights to the necklace. However, if Bonzi found the necklace in a private area such as his hotel room, he would have rights to the necklace. In a situation where the original owner could not be located, either Bonzi or Alpha Corp would gain possession based on where the necklace was found, and they could keep the necklace indefinitely unless the original owner came ... Get more on HelpWriting.net ...
  • 40. Analysis Of Harvey Mann 's Will And Revoke All Prior Wills... WILL OF HARVEY MANN I, HARVEY MANN (Harvey) of Deerfield Illinois, make this my Will and revoke all prior Wills and codicils. Article 1 Introduction 1.1My Family. My "spouse" is ERIN MANN (Erin). I have three (3) children now living, namely JASON MANN (Jason) who is 37, HILARY JACOBS (Hilary) who is 35, and MARK MANN (Mark) who is 32. I intend by this instrument to provide for all my children, including any born or adopted in the future. Article 2 Gifts to Revocable Trust I give my tangible personal property and the rest of the property I own at my death (excluding any property over which I have a power of appointment) to the trustee of the Harvey Mann Trust dated April 26, 2017 previously signed by me, as in effect at my death... Show more content on Helpwriting.net ... To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or partition any real or personal property of my estate for such price and on such terms as my executor sees fit; (c)Real and Tangible Personal Property. To make leases and subleases and grant options to lease, although the terms thereof commence in the future; to purchase, operate, maintain, improve, rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and to develop or subdivide real property, grant easements, and take any other action with respect to real or tangible personal property that an individual owner thereof could take; (d)Borrowing. To borrow money from any lender (including my executor individually), extend or renew any existing indebtedness, and mortgage or pledge any property;
  • 41. (e)Investing. To invest in bonds, common or preferred stocks (including securities of any corporatefiduciary or of any affiliated corporation), notes, options, common trust funds, mutual funds, shares of any investment company or trust or other securities, life insurance, partnership interests, general or limited, limited liability company interests, joint ventures, real estate, or other property of any kind, regardless of diversification and regardless of whether the property would be considered a proper estate investment; (f)Distribution; Determination of Value. To distribute my estate in cash or in kind, or ... Get more on HelpWriting.net ...
  • 42. What Property Did Rumba Lease From Owner? Essay ii.What Property Did Rumba Lease from Owner? Assuming, arguendo, that the insured has a contractual obligation to insure the owner's property, in order to fall within subsection (A)(1)(b), the property must be leased. Notably, any personal property must be leased pursuant to the March 11, 2015, lease agreement, because that is the agreement from which the contractual obligation to insure the property might arise. The leased property as described in the lease agreement is: "those certain premises, situated and lying in City of Baltimore, State of Maryland, known and designated as 7 East Lexington Street, Baltimore, Maryland 21202, and consisting of approximately 2,000 square feet, more or less, first floor and the basement/storage area." If the lease agreement is limited only to the real property discussed in the lease agreement, then any personal property would fall outside the scope of the requirement that the leased property be insured. If, however, the lease was interpreted more broadly to include not only the real property described therein, but any personal property belonging to the owner –notwithstanding the fact no personal property is described in the lease–then any such personal property might be covered under subsection (A)(1)(b)(7) of the personal property coverage form. Notably, the lease agreement makes no reference to insuring any personal property in addition to the premises that is the subject of the lease agreement. The most reasonable interpretation of ... Get more on HelpWriting.net ...
  • 43. Majority judgement of McHugh, Gummow, Hayne and Haydon JJ... Majority judgement of McHugh, Gummow, Hayne and Haydon JJ said that if words used in a statute have a general common law meaning, they may be given that meaning if the statute does not provide an alternative definition. They pointed to the fact that "pawn" in fact does have a recognised and long established legal meaning. They found that pawns or pledges are distinguished from chattel mortgages and the property rights thus created and in the two scenarios the rights of the borrowers and lenders are fundamentally different and as a result the word "pawn" could not include two forms of security that are mutually exclusive. Majority went on to say that for such words as "pawn" that have a long established legal meaning if the parliament ... Show more content on Helpwriting.net ... They also went on to say that nothing in the Act allows scope for arguing that pawned goods include goods that are the subject of other forms of security transaction and as such are governed by other legislature. They argue that pawn and pledge refer to a bailment of personal property as security for a debt and as such are clearly distinct from a chattel mortgage, and one kind of transaction cannot be treated as being subsumed in the other. Majority said because the transactions were mortgages of chattels they were bills of sale, regulated by the Bills of Sale Act rather than the Pawnbrokers Act. They go on to say that those who drafted the act used one of the known "building blocks of the law of property". The Pawnbrokers Act was just one of several Acts regulating provisions of credit. And as majority saw it the presence of such other statutes reveals no reason to read the Pawnbrokers Act as designed to cover a field wider than its own words mark out. Majority pointed to the critical difference between the 1996 and the 1902 Acts pointing to the differences between pawn or pledge and a chattel mortgage and the different property rights created by the two fundamentally different types of security. They go on to say that if pawn is given its accepted and long established legal meaning then the reasoning of the Court of Appeal is "necessarily flawed". They go on to say that pawn and chattel mortgage are mutually exclusive ... Get more on HelpWriting.net ...
  • 44. Personal Property Ethics Responsibility in utilizing personal property, as a Christian should following a moderate approach that considers ways that are holy, just, and loving, explains Hill (2008). Hill defines "personal property involves the assumption of, development, and ownership of a natural resources" (2008, p.233). The difficulty in dealing with ethics toward property is the immaturely nature in which modern property is becoming. As explained by Hill, primeval property was physical however property as defined in today's culture is intangible (2008). Addressing the spiritual and moral dilemmas that property brings can be difficult. In the scenario of Dave and Bonnie, who are thinking of building a recreation cabin on recently acquired land, many things as described ... Show more content on Helpwriting.net ... A short–term experiment could be explored before building a cabin. Dave and Bonnie could hire the old contractor to build a dock and they purchase a boat to store at the dock. In the next weeks and months they can evaluate how much family time is spent at the actually spent on the property. Over time Dave can explore further his convictions on not wanting to build or use the property. But as a wise man once consulted this researcher: If you give a man a fish, he eats for a day. If you teach a man to fish he will want a boat. If he gets a boat he will need a truck to haul it. If he gets a truck to haul it he will need a garage to store it. If he builds a garage to store it he will need a second job to pay off his boat, truck, and garage thus leaving him no time to ... Get more on HelpWriting.net ...
  • 45. Personal Property Issues: Case Study Christen, thank you for your meaningful perspective on Martin's issues. Based on your assessment of Martin's personal property issues, I wanted to address where I have a dissenting point of view. While I do agree with you as you described "when a third party relies on the agent, who is acting on the principal's behalf, then the principal is legally liable for their actions. This also applies when a third party has reason to believe authority was given to an individual that appears to be an agent, but really is not" (Christen, personal communication 2017). This quotation seems to describe a goods in bailment contract. While, I do agree that when Martin gave his car to Benjamin an implied contract of a bailment agreement was formed, if Benjamin ... Show more content on Helpwriting.net ... The ticket and the rights to the vehicle are consideration in which an exchange takes place, forming an implied goods in bailment contract. Consequently, since a ticket was not exchanged for the car from an agent of the restaurant a contract never existed and therefore the restaurant cannot be held liable (Kubasek et al.,2016). Additionally, you also mentioned that Martin's only recourse was to bring action against Benjamin for stealing his property. Here too is where I believe that Martin not only can bring a suit against Benjamin, but he can also seek action against the good faith buyer to render him whole on retrieval of the vehicle. Even though, Benjamin acquired Martin's vehicle through conversion, the good faith buyer is liable to return the vehicle to Martin even if unaware that the vehicle was stolen (Schwartz & Scott,2011). Hence, some responsibility is placed on the Martin to prove that he is in possession of a good title to recover the vehicle (Duke Law Journal,2001) and on doing so would prove that he owns the vehicle free and clear (Kubasek et al.,2016). Moreover, the law principally is established to protect the rights of the owner expressly conveyed by "Roman law maxim nemo dat quod non habet; meaning no one can transfer to another a better title than he himself has" ... Get more on HelpWriting.net ...
  • 46. Exploring The Tax Treatment Of Deductions, Losses, Sales... Investing in real estate has become increasingly popular over the last fifty years and has become a common investment vehicle. Although the real estate market has plenty of opportunities for making big gains, buying and owning real estate is a lot more complicated than investing in stocks and bonds. It is pretty common for people using rental property to offset high expenses and provide some cash flow. However, the tax effects on these transactions can be complex and not well understood. This paper is focus on describing the tax treatment of deductions, losses, sales and exchange for real property, especially a mixed–use rental property, where a property is used as a personal residence as well as for rental purpose. 1. Types of Residential Property for tax purpose For tax purpose, there are three types residential property, which are personal use, the mixed–use, and rental use. The deductibility of the expenses and rental losses depend on the categorization of the real property belong to. Therefore, it is important to understand the categorizations. 1) Personal Obviously, if a real estate is used for personal purpose not for rental or business purposes, it is personal use real estate. However, it is still personal use when a taxpayer rents out his or her personal residence less than 15 days during a tax year. Under this situation, the taxpayer is not required to report the rental income and may not deduct any rental expenses other than mortgage interest and property ... Get more on HelpWriting.net ...
  • 47. Personal Bankruptcy Laws: A Sacramento Bankruptcy Law Most people would like nothing more than to be freed from their financial debt. Personal bankruptcy can provide you with legal protection from your creditors and take care of much or all of your debt. There is the chance you will get to keep your home and car. In other words, personal bankruptcy can be the salvation to financial ruin. By wiping out your old debts, you will find yourself in a better position to pay your current bills. There are many reasons people find themselves in the situation of filing for bankruptcy. These include credit card debt, medical expenses, loss of job and divorce. If you determine that this may be the right course of action for you, you should consult with a Sacramento bankruptcy lawyer who has experience in the personal bankruptcy field. This is an important decision and the laws can be very complicated. ... Show more content on Helpwriting.net ... A Sacramento bankruptcy lawyer can provide you with all the pertinent information . Anyone can file for personal bankruptcy but since the laws do tend to get quite involved, you should consider the services of an experienced attorney to make your filing more ... Get more on HelpWriting.net ...
  • 48. Case Study Strauder V Allsright Essay Personal Property Case Study The case study "Parking Lot's Liability" is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another location. He was aware of the time when he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So indeed a bailment was created. The definition of bailment is a transaction in which an owner ... Show more content on Helpwriting.net ... Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract. Legal liability usually takes the form of monetary damages to compensate for the breach of the legal duty. A requisite to the creation of a bailment is the express or implied acceptance of possession or control over the property by the bailee. A person cannot unwittingly become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement. (Cheeseman, 2010) Had the parking garage been closed when the plaintiff left his car, there would be no bailment created. Lost, mislaid, and abandoned property is categories of the common law of property which deals with personal property which has left the possession of its rightful owner without having entered the possession of another person. Property can be considered lost, mislaid or abandoned. Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. Property has been mislaid or misplaced if it is found in a place where the true owner likely did intend to set it, but then simply forgot. If property has been abandoned, it is found in a place where the owner likely intended to leave it, but is in such a condition that ... Get more on HelpWriting.net ...