The House of Lords Lynn Case Study Example | Topics and Well Written Essays - 1500 words

The House of Lords Lynn - Case Study Example The question then arises what type of conduct will be sufficient to infer a common intention to share ownership Lord Bridge appears to suggest in Lloyds that indirect contributions are insufficient to found a beneficial interest under an implied constructive trust too: "In this situation direct contributions to the purchase price by the partner who is not the legal owner, whether initially or by payment of mortgage instalments, will readily justify the inference necessary for the creation of a constructive trust. But, as I read the authorities, it is at least extremely doubtful whether anything less will do." It is not clear to which cases Lord Bridges is referring in his final sentence. There are high profile cases where it is argued that indirect contributions should be regarded as evidence that an agreement for a beneficial interest should be inferred: Gissing v Gissing [1971] AC 886 and Burns v Burns [1984] 1 Ch 317. The line of reasoning in these cases suggest that it is not just the making of the indirect contribution; there must also have been the aim of assisting in the purchase of the property and/or that without that contribution the mortgage would not have been paid. "Contributions are not limited to those made directly in part payment of the price of the property or to those made at the time when the property is conveyed into the name of one of the spouses. For instance there can be a contribution if by arrangement between the spouses one of them by payment of the household expenses enables the other to pay the mortgage instalments." Given the importance of precedent in English law it is submitted that Lord Bridge's statement could not have been meant to overrule such authorities. Clearly there is established authority that in appropriate circumstances the court may infer that the parties' common intention was to give the claimant an interest by way of indirect contributions. We are told that 'Mike would not have been able to meet the mortgage payments out of his own salary' had Lynn not worked part-time to discharge the other household expenses. There is clearly a link between the mortgage payments and the expenses undertaken by Lynn. It is therefore submitted that Le Foe v Le Foe [2001] 2 FLR 970 is consistent with Lord Bridge's speech in Lloyds and in fact is a direct application of precedent in this area. As Mr Mostyn QC himself said: "I believe that a fair reading of [May LJ's judgement in Burns v. Burns [1984] FLR 216] is that such a state of affairs should suffice to enable the necessary inference to be drawn. Otherwise these cases would be decided by reference to mere accidents of fortune, being the arbitrary allocation of financial responsibility as between the parties." Le Foe is an illustration of such contributions and their effects, where the court construed the Lloyds' principles and concluded that the claimant will be entitled to a beneficial interest by way of indirect contributions in exceptional circumstances. It is therefore submitted that at first instance and appeal Lord Bridge's remarks have been misinterpreted and that Lynn does indeed have a beneficial interest in the property via an implied constructive trust. Waite LJ's judgement in Midland Bank plc v Cooke [1995] 4 All ER 562 goes to quantification of the

Human resource in acction Essay Example | Topics and Well Written Essays - 1250 words

Human resource in acction - Essay Example For example, if we go to the ‘Areas of Talent’ category, we find a list of sub categories which include the departments in which the jobs are opened, such as, call center, food and beverages, and human resources. Next, when we click on any of these links, all jobs related to the department are opened with detailed job responsibilities, as well as location of job and other requirements. However, the salary is not mentioned in any of the job openings which I would like the company to put against each of the jobs. I think the website does everything quite well in every aspect. For example, a user can obtain sufficient amount of information under each of the links included in the website. Moreover, the website is not heavy and takes the least amount of time to open any particular link regardless of the amount of text included in the webpage. As a manager, the only improvement that I would like to make for the website will be to include some colored texts at some places to ma ke the website a bit more attractive. At present, almost all of the text is written in black with white background. Addition of some colors will definitely give a more graceful look to the website. Company 2: Carlson The second company we are going to talk about is Carlson, which is the world’s most renowned travel and hospitality company. If we explore the website of the company, we find it more colorful and expressive as compared to the website described earlier. The website includes videos, pictures, and all such information that a user may wish to see. If we talk about the link to careers, we can say that the information included in this website about career opportunities is enough to meet user expectations. When I explored the link to careers, I found four more links which were did not find any information on the semi-static page which corporate careers, hotel careers, restaurant careers, and travel careers. I clicked restaurant careers because of my interest in this fie ld. I found a lot of links to the available job vacancies. However, I did not find job description for any of the job which I would like to be included against each job mentioned in the website so that users can know what activities they will have to do if they get the job. I think the website provides enough information about every aspect. Navigation is also easy but some pages really take some time to open which may be because of inclusion of some visual aids. One more thing that I did not like about the website was its inclusion of so many things in every webpage. The web developers for this website seem to have put more focus on inclusion of visuals and colors which have made this website a bit more complex for a new user. As a manager, I would like to make this website a little simple in order to provide ease to new users. Part 2 Methods of Recruitment Company: Hilton Worldwide Position: Director Brand Marketing Methods of Recruitment: 1. Internal Sourcing Internal sourcing mea ns creating existing employees aware of new job opportunities or publishing the information about job vacancies within the company. Some of the main advantages of using this type of recruitment for Hilton Worldwide will be no training costs for new employees, reduced advertising fees, time saving related to selection of candidates because of no need of background checks, increased employee dedication, and motivation for