Saturday, January 25, 2020
Submarines in the Revolutionary and Civil Wars Essay -- American Ameri
Submarines in the Revolutionary and Civil Wars The Trident Submarine houses twenty-four nuclear warheads with each having a range of 4,600 miles over land. If a nuclear war were to break out between the Soviet Union and the United States, virtually every major city could be destroyed in a matter of hours. The origin of these major players in modern day warfare lies in the Revolutionary and Civil Wars. A Dutchman named Cornelus Van Drebbel, made the very first submarine in 1652, to fight the mighty Spanish ship called the Rotterdam Boat. It carried about twelve oarsmen and even had an air circulator. It never saw any action. In the American Revolutionary War, a manned underwater craft named the American Turtle (or the "water-machine") was used against the British Navy. David Brushnell designed this ingenious machine in 1771. The submarine was a one manned, egg-shaped vessel which was propelled by hand-operated screw-like devices. It was bottom-heavy in order for it to remain upright. The operator would plant a submersible mine that could be triggered by a simple clockwork mechanism. He could paddle away after he attached the magazine of gunpowder onto the enemy ship. The operator could stay under for about thirty minutes The American Turtle was ready for her initial mission on September 6, 1776, just after midnight in the New York Harbor. The operator, Ezra Lee, failed in his attempt to sink the HMS Eagle because he failed to secure the screw of the gunpowder magazine to the ship. The Turtle made two more attempts to sink enemy ships but they both failed. The end of the American Turtle is unknown. Some think she was accidentally sunk, dismantled, or destroyed. The Turtle was the very first submarine to be used in the... ...come of the Revolutionary War. The submarines in the Civil War were very unimportant as well. Only one ship, the Housatonic, was sunk by the hands of a submarine in the entire war. The Southern navy did not even put much stock into submarine warfare because they only built a couple during the entire war. So overall, submarines were of no significance during either the Revolutionary War or the Civil War. But, these early developments of the submarine were extremely important because they lead to the later more advanced submarines that were used in future wars in which they did play a major role in. For example, in World War II, German U-boats terrorized the sea and played an important role in World War II. These, and others like the modern day Tridents, would not of exist if it were not for the early developments of submarines during the Civil and Revolutionary Wars.
Friday, January 17, 2020
Killer Joe and Gender Representations
Critical observations of unbalanced representations of gender In William Friedkinââ¬â¢s ââ¬Å"Totally twisted deep-fried Texas redneck trailer park murder storyâ⬠Killer Joe Freeman 1 British film theorist Laura Mulvey has spent her career using psychoanalysis to uncover pre-set molds and social expectations about gender and sexuality, to interpret classic Hollywood films. Mulvey has argued that there are three ways in which gender is represented within Hollywood cinema. First, she argues that women lack control and meaning, thus fueling their desire for the penis and power of a man.She also states that women exist as a silent opposition to the dominant man (a child-bearing subject merely in relation to). Last, this essay will argue that women are meant to carry no significance of their own but acting as merely a threatening obstacle for the male to ââ¬Å"overcomeâ⬠or re-work (Visual Pleasure and Narrative Cinema, 1975). Laura Mulvey and her views on female representa tions and gender roles within Hollywood films still prevail with fundamental relevance in modern Hollywood cinema.This essay will underline the truths of Mulveyââ¬â¢s observations by using William Friedkinââ¬â¢s violently obscene farce Killer Joe (2011) to argue that Mulveyââ¬â¢s article, no matter how outdated, can still be used to address prominent and modern examples of unbalanced sexual representations within Hollywood cinema. On the surface it may seem very obvious that the men have the power in this film due to how the women are represented and treated.But, as Killer Joe unfolds the question is whether it is the women with the power, or just an obvious desire for power fueled by their lack of meaning, control, and a phallus, as Mulvey has mentioned in previous years. The first man we see in the film is young and weak, wet, vulnerable, locked out of the trailer and getting violent. He is verbally demeaning towards his younger sister Dottie as if it were her fault that he is locked out, and her purpose to wake up and let him in.Dottie Smith is the first female we see, and becomes a central subject for the ruthless male ââ¬â she Freeman 2 lacks authority, lacks independence, and her fetal position is an obvious symbol for needing nurturing from a stronger being. Dottie is made to appear lonesome, without companionship or passion. As she lies there, Friedkin intends to focus on Dottieââ¬â¢s innocent aspects, such as her belongings: dollhouses, stuffed animals, pink curtains, teen-pop heartthrobs taped to the walls, although the young woman in the bed appears to be too old for such childish decor.The second woman we see is placed directly in front of the camera by her unruly crotch. Her face appears after we become acquainted with her lower half, with makeup smeared down her cheekbones and her nipples exposed from under a thin sweat-stained shirt. The first two women in this film are polar opposites (one a fragile blonde virgin who sleeps with stuffed animals, and Sharla, an older brunette women a little too comfortable with her sexuality).This difference expresses to us that this story will focus hugely upon the different aspects of woman as a representation, and highlight that Laura Mulveyââ¬â¢s views on women are still incredibly relevant throughout Friedkinââ¬â¢s film. Mulvey also mentions that the act of looking is a source of pleasure for the male scotophil. The explicit placement of the camera exhibits these women and their features to the audience as sexual spectacles while it solicits our attention, shapes our opinions about women to make ââ¬Å"erotic lookersâ⬠out of us, and creates an unevenly distributed ââ¬Å"power to lookâ⬠(Mulvey, 1975).The young male, Chris Smith, is hardly phased by his step mothers exposed vagina in his face because it is insinuated that he has either seen it before, seen many others like it before, or that she is so disgusting to him that her crotch means nothing to him sexually or even in regards as a human being. Chris is allowed to expose himself while urinating while Sharla yells for him to close the door. Chrisââ¬â¢ penis is allowed to be exposed to women as a sign of power Freeman 3 and manipulation, while a womanââ¬â¢s exposed vagina is a sign of weakness, objectiveness, and sleaziness.After all of this, she grabs a beer from the fridge before putting any clothes on. She is an over sexualized woman, a sexual spectical, while also appearing to be very masculine in her actions, which is to assume that certain actions and characteristics of both male and female are set in stone to shape our expectations of gender in Hollywood cinema. The beer before pants, the over exposure of her body, and the way Sharla speaks to her step-son are all actions that a man might follow through with, and she does this in a way that expresses her desire for authority, for a penis like the men she obviously idolizes.Sharla and Chris physically fight as if they were both men ââ¬â she desperately wants to fit into their world, but she is cast away like an unusable piece of meat once her duty to grab them beers has been filled. At thirteen minutes we see Dottie practicing Kung-Fu to a Jet Li movie on the television, which is an example of her wishing she were stronger, wishing she had the ability and the ââ¬Å"ballsâ⬠to fight against evil when in reality she is more like a play-thing for her Father, Ansel Smith, Chris and for Joe Cooper.Women lack control, yet they desire it, desire the power of the dominant male gender, and Killer Joe establishes the female characters in the same way that Laura Mulvey had expressed this view in 1975 as being an underlying representation of women throughout Hollywood cinema. Mulvey also argues that women exist as a mere childbearing relation to the male, as a silent opposition that is not a gender of itââ¬â¢s own, but a male-like figure lacking in its significant source of superiority: the phallus.Essentially, social constructions would argue that women are born more naturally gentle and nurturing because of their ability to breed, while men are naturally born with more acceptable aggression, enabling them to Freeman 4 ââ¬Å"protectâ⬠their gentle mate (Media and Society 5th ed. , 350-351). Thirty-four seconds into the film we have heard a zippo lighter, purposeful footsteps, and a shotgun cocked and blast before we are shown anything, visually. From those sounds alone, the film carries a grunge-country, plaid-wearing, sweaty-man undertone that never ceases to leave the screen.An angry storm, angry pit-bull and a sloppy trailer park establish the setting of the film, forewarning us that this is a ââ¬Å"mansâ⬠film, and is anything but clean. Ansel and Chris, father and son, are talking about Dottieââ¬â¢s virginity as if she has not lived out her purpose to society yet until she finally gives it up. The inheritance of Dottieââ¬â¢s mother Adele went t o her scumbag boyfriend Rex before her daughter, (whom we find out she tired to kill as a baby). This expresses that women will always fall to the feet of the male superior, as Mulvey has mentioned.Ansel and Sharla talk about Dottie sleeping with cowboy-in-black Joe Cooper for the first time as if satisfying him sexually will benefit the family. They force her to get a dress, look pretty, because ââ¬Å"If she donââ¬â¢t know whatââ¬â¢s expected of her, she might disappoint him! â⬠(Sharla, Killer Joe). Mulveyââ¬â¢s idea that women are merely objects for childbearing is hugely represented when Dottie finally stands up for herself at the end of Killer Joe, kills her family in an act that could only come from the confidence of carrying a child and a loaded phallus.Sharla loses all invisible phallic confidence that she once had, when Joe kicks the shit out of her. Sharla never wanted kids ââ¬â she was never a woman with the maternal instinct, therefore she carried no s ignificance or necessary female attributes that satisfied the man. Sharla tries to overcome the obligations of her gender by cheating on her husband with a younger man, but the photo proof of their sex life backfires on her when Joe uses her bold promiscuity against her as if it were her duty as a woman to be gentle, easily Freeman 5 anipulated, and loyal ââ¬â only the men are allowed variety. Like this essay has stated, Friedkinââ¬â¢s Killer Joe is an obvious expression of Laura Mulvey views on the male-authoritative being objective towards women and their abilities as human beings outside of their ability to reproduce. Which brings this essay to the third statement, which emphasizes that women are meant to carry no significance of their own as a lone-standing gender, but as Laura Mulvey indicates, act as a threatening obstacle for the male to ââ¬Å"overcomeâ⬠or re-work into something acceptable, and useable.Regine-Mihal Friedman, author of educational article Invisib le Metamorphosis (2012), proves in her modern film analysis that the on-screen representation of sexual violence against women has always been a customary theme of cinematic narration, not only in Hollywood as Mulvey mentions, but within international cinema as well. Ansel Smith of Killer Joe is constantly in the ââ¬Å"dog-houseâ⬠because of Sharla. She wears the pants, carries the symbolic penis in the relationship and she likes it that way. It is her relationship with Corvette Rex that makes her feel dominated, and she appreciates both aspects of her relationships.When Sharla is with Ansel she can have the power and the penis, and while she is with Rex she is able to figuratively and literally lay back and be taken and overcome by the penis. Chris comes to live with Ansel and Sharla because of his relationship with his mother, Adele, and her empowerment over him, causing the reoccurring question throughout the film ââ¬Å"did you hit her, again? â⬠(Ansel, Sharla, Kille r Joe). For some reason, Chris and Ansel feel entitled to a cut of what Dottie is inherited, again, taking the power away from the phallus-longing female.Chris feels like he is getting back at his mother for everything she did to him and his sister Dottie. Instead of taking the blame for his own mistakes, every one of Freeman 6 his problems falls on Adele, and she must die because of it: active male, female problem solved. Dottie appears nude in a dream that Chris has about her where she slips her robe off to reveal her naked body, but instead of giving him sexual favors, she holds her fists up and stands in a fighter position as if to say ââ¬Å"I am woman, hear me roar! He wakes up terrified, either because of his incestuous dream, or because a supposedly passive female is attempting to overpower his role as the active male ââ¬â could be both. Again, this proves that a male audience needs to look voyeuristically to maintain power, anonymity, creating an erotic mystery to havin g seen without being seen (Mulvey, 1975). When Dottie officially becomes Joeââ¬â¢s retainer for the lack of payment by the Smith family, she is officially in Joeââ¬â¢s hands, whatever he says goes, whatever he needs and craves (including her virginity) he claims, and takes.Her body is his to construct, his to mold into something acceptable, something that fits into his life, and fits over his dominance, his penis, forever like a piece of clay. Dottie is easily pressured into sleeping with him and becomes ââ¬Å"comfortableâ⬠in the black dress when Joe offers her flowers and a ââ¬Å"heartfeltâ⬠story about his youth. She is no longer the feisty Jet Li wannabe that Joe once saw her as; Dottie has allowed Joe to ââ¬Å"fixâ⬠her, to impregnate her, and to make her existence purposeful.Sharla, the overly confident manipulative whore who believes that she can do, say, get away with anything is put in her place when she makes Joe Cooper ejaculate in his pants while sucking on a KFC chicken wing held to his crotch. To overpower the women you must make her bow down to you, suck you off (suggestively), while waving a piece of chicken (your dominance) in her face. The film concludes with Clarence Carterââ¬â¢s Strokinââ¬â¢, a song that could tell you a lot about Laura Mulveyââ¬â¢s views on themesFreeman 7 of sexually dominated women throughout Hollywood cinema as a whole, and precisely, Freidkinââ¬â¢s Killer Joe. Killer Joe has taught us many things: If the women want the penis so bad, we should give it to them, that a pregnant women is a powerful women but only if she is literally holding a big deadly penis in her hands (cocked and ready to blow bullets at you), and that if you take that penis away, she is nothing but an annoying piece of KFC being waved in your face, begging for significance.Film theorist Laura Mulveyââ¬â¢s three views regarding a womanââ¬â¢s need for the male phallus, their obligation to reproduce, and that wom en are never exceptional creatures until the man makes them so, has been proven to appear in both classic and modern Hollywood cinema. William Friedkinââ¬â¢s obscene murder-story Killer Joe is an undeniable example of how Laura Mulveyââ¬â¢s ideas are still very apparent when observing unbalanced representations of gender throughout Hollywood Cinema. Freeman 8 Works CitedKiller Joe. Dir. William Friedkin. Perf. Matthew McConaughey. Voltage Pictures, 2011. Film. Mulvey, Laura. Visual Pleasure and Narrative Cinema. Screen (Society for Education in Film and Television), 16:3 (Autumn 1975): 6-18. Oââ¬â¢Shaughnessy, M. , & Stadler. (2012). Media and Society Fifth Edition. Melbourne: Oxford University Press. (Original work published 1999) Friedman, R. -M. (2012). Invisible Metamorphoses, Studies in Documentary Film, 6:3, pp. 273ââ¬â290, doi: 10. 1386/sdf. 6. 3. 273_1
Wednesday, January 8, 2020
The Information Security Risk On The Life And Solutions
Introduction In this generation of advance Information Technology, people exchange the information using numerous devices to accomplish their task in routine life. Information which used to be recorded on paper is now taking form of electronic record. Personal Information is now more feasible to access or destruct for the attacker because of weak IT security like virus or attack to the system or network. To protect the privacy, individual should secure their information. However, the only way to determine flaws and recognize threats, weather it is technical or non-technical or any other, is to find vulnerability and perform risk assessments. In this paper, we will discuss the information security risk in the life and solutions to mitigateâ⬠¦show more contentâ⬠¦For the information security, it is essential to find risks related to the use, processing, storage, and transmission of information or data and the processes and systems used for that. Unauthorized access, usage, recording, modification, distraction, etc. are the risk to the information security. There are many different ways through which personal information can be lost or accessed, misused, modified, or disclosed. Common risks to the information security are described below: â⬠¢ Unauthorized access or misuse of records by a friend or colleague or any other familiar person. â⬠¢ Hacking or other illegal acquisition of system or device database or information by outsider. â⬠¢ By mistake disclosure or sending of information to wrong person or organization. â⬠¢ Failure to store or organize information properly and securely. â⬠¢ Loss or theft of portable storage devices, paper documents, computer or any other equipment containing personal information. In order to develop a proper security which can protects critical data, systems, and other resources, individual must first understand what it is facing in terms of potential sources of harm that may exploit existing vulnerabilities. Threat assessment identifies potential sources of attack to information assets and estimating the probability and consequences associated with their action. Understanding of the source of attacks, along with their likelihood of
Tuesday, December 31, 2019
Essay on Childhood and Individual Training Plan - 36789 Words
Your Induction Workbook Name Elizabeth Freshwater Job title Team Leader Organisation Northerncare Date 20/04/2012 Induction Standards Workbook Contents 2 Contents Contents 3 Chapter 7: Standard 1: understand the principles and values essential for working with children and young people 37 Chapter 9: Standard 3: understand health and safety requirements 56 Chapter 10: Standard 4: know how to communicate effectively 69 Chapter 11: Standard 5: understand the development of children and young people 88 Chapter 12: Standard 6: safeguard children (keep them safe from harm) 105 Chapter 13: Standard 7: develop yourself 118 Chapter 14: what next? 18 Chapter 8: Standard 2: understand your role in the children and young peopleââ¬â¢sâ⬠¦show more contentâ⬠¦By completing this induction standard you will be demonstrating a commitment to the Childrenââ¬â¢s Workforce Network (CWN) vision and principles for induction to the children and young peopleââ¬â¢s workforce and the CWN values for integrated working. See appendix 6 on page 152 of the guidance notes. Relationship to the other CWDC induction standards This standard is about the principles that underpin all the other standards, so your knowledge and work in other areas will be assessed using the values in this standard. Induction Standards Workbook Standard 1 5 Standard 1: understand the principles and values essential for working with children and young people Area of knowledge 1: principles and values Learning outcomes a. Demonstrate that you care about the principles and values essential for working with children, young people, their families and their carers. b. Identify and know about any codes of practice relevant to your work. A code of practice gives helpful guidance and lays down the standards expected to support good practice. Sample questions a. Think of a particular situation when you were able to treat children, young people, their families and their carers with respect. b. Now think of another situation when you were able to treat children, young people, their families and their carers as equals. c. In both of these situations, how did it make you feel and howShow MoreRelatedEarly Childhood Teacher And A Psychologist1525 Words à |à 7 Pages Job Description 7-5 2.1. Early Childhood Teacher 4 2.1.1 Tasks 5 2.1.2. Personal Requirements 5 2.1.3. Education and Training 5 2.2. Psychologist 5-7 2.2.1 Tasks 5 2.2.2. Personal Requirements 6 2.2.3. Education and Training 7 3. My Personal Skills, Attributes and Values 7-8 3.1. Skills 7 3.2. Attributes 7 3.3. Values 8 4. Which Job Do I Suit Better? 8 ContentsÃ¢â¬Æ' 1. Introduction Two jobs that I have always been extremely interested in include, an early childhood teacher and a psychologist. 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Monday, December 23, 2019
Philosophy of Rouseau and Lord of the Flies by William...
Living in modern societies, it can be difficult to decipher what person would be like in a natural state; without civilizations, rules, and punishments for misbehavior. Does society corrupt our morals or does it keep us civil? The philosopher Jean-Jacques Rousseau believed that people are inherently good. Without civilizations, humans are good beings with empathy, kindness, and well-developed morals. However, he believed that societies corrupt our morals and are what make the change in us to become ââ¬Å"evilâ⬠or ââ¬Å"badâ⬠. The author of the novel Lord of the Flies, William Golding, however, believed that in a primitive environment, humans are evil. Without a society watching over us, humans will become barbaric brutes. Jean-Jacques Rousseau (born 1712) was a philosopher whose beliefs were that humans, in a natural, primitive state without the influence of any societies, are good beings. Peopleââ¬â¢s ââ¬Å"uncorrupted moralsâ⬠are not washed away when they are without societies. Rousseau also believed that a society is what corrupts a human. He believed ââ¬Å"ownershipâ⬠of land or property is a lie, because the products of Earth are for all humans to share, saying: The first man who, having fenced in a piece of land, said This is mine, and found people naà ¯ve enough to believe him, that man was the true founder of civil society. From how many crimes, wars, and murders, from how many horrors and misfortunes might not any one have saved mankind, by pulling up the stakes, or filling up
Sunday, December 15, 2019
Why Was Hitler Appointed Chancellor in January 1933 Free Essays
Why was Hitler appointed Chancellor in January 1933 On the 30th January 1933, one of the most important events of the twentieth century occurred, Adolf Hitler, leader of the Nazi Party, became Chancellor of Germany. From its foundations as a small, anti-communist party in the aftermath of World War I it was now the leading political party in Germany. Hitler would eventually become Fuhrer and provoke a second world war. We will write a custom essay sample on Why Was Hitler Appointed Chancellor in January 1933 or any similar topic only for you Order Now Hitlerââ¬â¢s rise to power was based upon long term factors and can not be attributed to one event but a mixture of factors including events occurring outside Germany, the strengths of the Nazi party, the weakness of the other parties within Germany, resentment in the German people, the weakness of the Weimar system which he took advantage of through propaganda, the terror of his storm troopers and the fineness of his speeches. Hitler used these factors to his benefit and in 1933 he legitimately gained power to become chancellor. November 1923 was when Hitler first tried to seize power in the Munich Putsch he marched to Berlin with his followers to take over control but they never actually left Munich. During this time 16 Naziââ¬â¢s were killed and 3 policemen. Although Hitler went to prison for this, he used this time to dictate his book ââ¬ËMein Kampfââ¬â¢, he had show trials which boosted propaganda and became an almost celebrity. Hitler was meant to be in jail for 5 years, but was let out after 9 months. By now he was already starting to catch the attention of the public ââ¬â a strong nationalist leader appealed to them. In 1929 the American Stock Exchange collapsed and caused an economic depression this was called the Wall Street Crash and led to America calling in all of its foreign loans, which in turn destroyed Weimar Germany. Unemployment then rose to 6 million in Germany. The government cut expenditures, wages and unemployment pay and they started to print more money, by now Germany was in a really bad state and no one knew how they would get themselves out of this rut. Many workers turned to communism which inevitably frightened wealthy businessmen who ââ¬Ëfueled the fireââ¬â¢ by giving Hitler the money to run his propaganda election campaigns. Deep anger about the First World War and the Treaty of Versailles created an underlying bitterness to which Hitlerââ¬â¢s viciousness and expansionism appealed. Nazi propaganda persuaded the German masses to believe that the Jews were to blame and that Hitler was their last hope. In fact, there were many people in Germany who wanted a return to dictatorship. Hitler was a brilliant speaker; he was a good organiser and politician. He was a driven, unstable man, who believed that he had been called by God to become dictator of Germany and rule the world. This kept him going when other people might have given up. His self-belief persuaded people to believe in him. Propaganda alone was a really important factor in Hitlerââ¬â¢s rise to power, it ââ¬Ëbrainwashedââ¬â¢ the German people into electing them through techniques of persuasion and reinforced existing attitudes and beliefs. Parades, symbols, uniforms, banners, bands and the marching columns of the SA attracted attention and interest. Germans turned to Nazism because they were desperate, the number of Nazi seats in the Reichstag rose from 12 in 1928 to 230 in July 1932. In November 1932 elections the Nazis again failed to get a majority of seats in the Reichstag. Their share of the vote fell ââ¬â from 230 seats to only 196. Franz von Papen who was the current Chancellor could not get enough support in the Reichstag, therefore Hindenburg and von Papen were having to govern by emergency decree under Article 48 of the Constitution and offered Hitler the post of vice-Chancellor if he promised to support them. Hitler refused ââ¬â he demanded to be made Chancellor, so Von Papen and Hindenburg took a risk believing that by having only 2 other Nazis they would be able to keep control. Many people believe that Hitler took control by force but, in actual fact, he was given it. How to cite Why Was Hitler Appointed Chancellor in January 1933, Essay examples
Saturday, December 7, 2019
Divergent Evolution of English Property Law
Question: Discuss about the Divergent Evolution of English Property Law. Answer: Introduction: Maria, after her divorce, bought Trafalgar house in March 2015. She was registered as the sole legal owner of the property. She shifted to the house with Philip who paid an amount of 75000 as the purchase price of the house against which an express trust was created confirming Philips interest. On 6 March 2016, Maria leased an extension to the property to Saeed that was to commence on 5 August 2016 and was to last for one year. Davinia, neighbor of Maria claims that on 28 March 2016 she was given easementary right over the back of Marias garden. Then, Hillary, Marias friend claims that Maria entered into a contract to sell the house to her on 15 April 2016. On 4 July 2016, Maria sold the house to Kenneth in the absence of Philip who was in South Africa at the time of sale. In English Law, when more than one person owns a land, the ownership of the land is acquired through a trust of the land. A trust of land distinguishes the lawful title of the land from the equitable ownership rights. The trustees hold the land on trust on behalf of the beneficiaries who are entitled to the rights of the equitable ownership. Co-ownership may be recognized as tenancy in common and joint tenancy. In case of joint tenancy, all the co-owners of the land own the entire property together. It includes the following four essential elements: Unity of possession- each owner is entitled to possess the entire property and cannot prohibit the other parties from any part of the property; Unity of title- the right to title of all the owners must be acquired through the same transaction. Unity of interest- the interest arising from the transaction is same for all the parties. Unity of time- all the parties acquired the interest at the same time. In tenancy in common, not all the tenants own the property, instead each of the tenants are entitled to their separate shares. As it is not feasible to divide the property among the tenants, they own their separate estimated shares to the property. In cases where there is a sole legal owner of the land but other people have contributed in the payment of the property, there still arises a trust even in the absence of a written declaration and such a trust is known as implied trusts. A trust can also arise in the form of an express trust constructive trust and resulting trust. EXPRESS TRUST - In English Law, an express trust is the declaration by the legal owner of a property that they hold the property on trust for particular beneficiaries. An express trust, in order to be valid must include these essential elements certainty of intention, subject matter and object. The importance of these conditions were recognized by Lord Langdale MR in the famous case of Knight v Knight where the principle was established that an express trust cannot be formed in the absence of these essential certainties. According to section 53(1) (b) of Law of the Property Act 1925, the declaration must be in written format and contain the signature of the legal person declaring the trust. It must include the material terms of the trust. In case there is no such document that creates a trust, the intention can be determined from the conduct or words of the parties. In Morice v Bishop of Durham, it is held that certainty regarding the object determines who the beneficiaries are so that the court can decree performance in favor of the beneficiaries. Moreover, each tenant under the tenancy in common, possesses an individual share in the property that is co-owned with the other tenant. The owners in a tenancy in common property are entitled to sell or mortgage their individual shares. However, all the co-owners are entitled to use the entire property irrespective of the percentage of shares held by them. The owners are not entitled to transfer or dispose of anything except their respective shares. The tenants in common can lease, mortgage, sell the property provided all the owners agree for the same. In the absence of such agreement the entire property cannot be sold or given or mortgaged by any one of the tenants. In case of sale, the new owner of the property under the tenancy in common agreement inherits all the privileges and the rights of the tenancy. The tenants in common, individually, cannot make any changes in the property without the consent of all the owners. When one of the co-owners of the property sales his individual interest in the property, it depends on the buyer whether to pay the market value after taking into consideration all the issues associated with the tenancy. Application In express trusts, the parties are at liberty to decide as to what extent they are entitled to the trust. The parties or tenants mention in the written document their respective shares in the payment of the property and set out other conditions relating to the sale of the trust property[9]. However in this given case, an express trust has been drawn against Phillip but the extent to which both Maria and Philip is entitled to the trust is not mentioned. The written declaration must include the extent of shareholding of each tenant as held in the case of Goodman v Gallant. However, in the absence of any express trust or in case the parties fail to declare their extent of entitlement to the trust, beneficial entitlement is implied from the conduct of the parties to the tenancy agreement. In this case, Maria and Phillip are parties or tenants in common to the property. Maria is not entitled to sell or lease the property without the consent of Phillip. Maria is entitled to sell or lease her undivided interest in the property, but in the given case, neither Maria nor Phillip has specifically mentioned the percentage of their shares in the property. However, in the absence of any such specification, the court usually assumes that the property is held in equal shares. Maria is alleged to have given easementary right of way to Davinia over her house garden. She is not entitled to give easementary right as her undivided interest is not specifically mentioned. Maria has sold the property to her Hillary, which is also not valid as she is not the sole owner of the property and being a tenant in common, she did not receive consent from the other tenant in common either. Further, she entered into another sale contract to sell the house with Kenneth, which is also not a valid sale contract because she has already sold the house to Hillary. Reference list Anderson, Jerry L. "The Divergent Evolution of English Property Law."ABA Probate and Property5 (2015). Bridge, Michael.Personal property law. OUP Oxford, 2015. Cross, Emma. "The Validity of Trusts: Is the Beneficiary Principle Still a Relevant Requirement."Exeter Student L. Rev.1 (2015): 28. Hudson, Alastair.Equity and trusts. Routledge, 2012. Morgan, Rachel. "The Difference between the Acquisition of Rights and the Quantification of Shares of Co-Ownership Interests in Land."Exeter Student L. Rev.1 (2015): 35. Penner, J. E. "The (True) Nature of a Beneficiarys Equitable Proprietary Interest under a Trust."The Canadian Journal of Law and Jurisprudence02 (2014): 473-500. Penner, James.The law of trusts. Oxford University Press, 2016. Pettit, Philip H.Equity and the Law of Trusts. Oxford University Press, 2012. Sexton, Roger, and Barbara Bogusz.Complete land law: text, cases, and materials. Oxford University Press, 2013. Sitkoff, Robert H. "Trusts and Estates: Implementing Freedom of Disposition." (2014).
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