Case Study on Land Law Example | Topics and Well Written Essays - 2500 words

On Land Law - Case Study Example It is stated, in this case, that the property is registered; therefore, the relevant legislation is the LRA, although the original concept of overriding interests was established in the Land Registration Act 1925. Under the 1925 Act, certain overriding interests would only continue until the point at which the land is registered. As Shambles has now been registered, the rules relating to third party interests contained in the LRA must be referred to. The first issue to be considered by Lance is that of Porter's ex- partner, Rina, who has been living in the property for a period of at least five years. On the assumption that Shambles became registered to Porter, after 1st October, 2003 and where the LRA is in force, then the rights attached to Rina will be in accordance with the LRA. The overriding interest of actual occupation existed under the 1925 Act in s70(1)(g). Whilst this old right still exists, it is now subject to the new law as contained in the LRA. Essentially, the overriding interest and the right of a third party in actual occupation will exist where there is actual occupation, at the relevant time, by the owner. This is important, in this case, due to the fact that there may be some debate as to whether or not Rina is, in fact, an actual owner, i.e. legally or beneficially entitled to the property. As Rina is an estranged partner of Porter, Rina may have a valid argument that she has an equitable entitlement to at least part of the property. Recent case law has suggested that, where both parties have contributed in some way to the property, even if it is registered in only one person's name, the court will determine the shares of the property to be held by each party, based on the course of dealings between them1. With this in mind, it would be necessary to consider the relationship between Rina and Porter and whether she could legitimately claim an equitable interest in the property (Abbey & Richards, 2007). On the assumption that Rina can show an equitable interest, she would potentially be able to rely on the actual occupation interest as stated in Schedule 3, Para 2 of the LRA. This right would exist, provided it was not an interest under the Settled Land Act 1925, it was not a deliberate failure to disclose the right and the occupation would have been obvious on a reasonably careful inspection of the land in question at the time of the disposition. Under the provisions in the LRA, there is no precise definition of actual occupation; however, case law previously heard under the 1925 Act is thought to be current and relevant under the LRA2. Under the LRA, Rina will only forfeit the overriding status of her interest, if she would have been reasonably expected to declare her right to Lance. As Lance undertook his own conveyancing, it is unlikely that sufficiently detailed questioning was undertaken in relation to any adults in actual occupation. Moreover, in the absence of such questioning, it is therefore highly likely that Rina will not have sacrificed her overriding status, based on failure to disclose reasonably. Furthermore, as Rina lived in the main property and has done so for 5 years, her presences and actual occupation would be reasonably noticeable to anyone who had made an inspection of the property. The facts suggest that Lance did not actually inspect the property, at all, due to his location in London and had he made a reasonable inspection, he would have been aware of Rina's occupation, prior to

Health care providers Assignment Example | Topics and Well Written Essays - 1000 words

Health care providers - Assignment Example The paper tells that the basic principle that governs the objectives of health care providers is the duty and responsibility to promote people’s health. The idea is not only getting people to stay healthy, but also to maintain their good health over time. In the light of achieving this objective, health care professionals have had difficulties embracing change. This has been rooted in the line of services offered and the nature of their profession. To start with, the demand for health care is derived rather than direct. In this regard, heath care professionals have always differed in determining what combination yields maximum benefit for health care seekers. A unique consensus lacks among these professionals, thereby constituting the difficulties therein. Consensus about a given way of having things done is fundamental in determining need for change and the extent to which change is spread across the identified practitioners. Change is by great margin characterized by an adva ncement of a given status or level. Health related advancements take longer to materialize and create the desired impact in the specific medical field they are tailored to. This as a result of longer time lags of research and development in health sector. On the same note, health professionals practice a rather fixed profession where most ways of doing things require that a given system, mechanism or protocol be followed. Change is an expensive affair. The health sector is primarily financed by the government through the relevant ministries and agencies. Critical resources need to be put in place for effective realization of change. Innovativeness, creativity and inventions are key drivers of an intervention that is likely to bring about change. Health care professionals on their own cannot afford to undertake such interventions in the absence of adequate funds. On the same note, contemporary technology ought to be integrated in the process. This factor combination constitutes numer ous difficulties in the context of change for and by health professionals. What are some of the ethical issues posed by information technology? Information technology has been a great boost of the current health care systems in place. Technological advancements have facilitated and aided success into various medical interventions. However, the positives attributed to information technology are not without their negative side. Ethical issues have been raised in the light of using information technology. One of the ethical concerns posed by information technology is that confidentiality for health care givers and health care seekers. A lot of information about patients and health care professionals are stored in data bases run through information technology programs (Dewar, 2009). This information is likely to be available to a number of users, even those that it does not concern. The privacy of both parties aforementioned is therefore guaranteed because of the likelihood of access by one person after the other. Computer crimes have also had their impact on the provision of health care. Hacking has become quite common, and the motives behind such acts are ill. Misuses of information stored in computers have also been of ethical concerns to the sector. Both the health care professionals have used this information for personal or for collective gains at the expense of another party. Moral obligations and codes of conduct for both caregivers and patients have been violated, thus the emergence of ethical concerns in the health system, particularly in the application and use of information technology. At some point, social security has been challenged. What are some of the issues that were unique at Hermann Healthcare System? How did leadership deal with these issues? Healthcare provision is a practice that requires pulling up adequate resources and finances for effective and efficient