A lost property Essay Example for Free

A lost property Essay ? A lost property is one which is found in a locality where it is likely that its true owner had no intent of placing it and the owner is not likely to find it. On the other hand, misplaced property is one which the true owner placed it somewhere and forgot to pick it up. Conversely, abandoned property is one which the true owner intended to leave somewhere due to the state it was in (Litka & Inman, 1983). This plane could have been termed as lost or abandoned. The collector of the airplane – Doug Chaplin, thus lost in the court ruling since the plane was a lost and found property (Stewart, Warner & Portman, 2008). The plane could have remained to be the property of Chaplin but since The Navy found it and because they are the true owners; they have a right to repossess it. Chaplin should have turned the plane over to the proper authorities. Moreover, if the owner does not go to claim it for a certain time period, then the plane could be reverted back to Chaplin (Warda, 2005). The plane was ruled to be belonging to The Navy even though Chaplin could have been rewarded for his effort to recover the plane. The court could also have ruled that the plane constituted an abandoned property and thus was supposed to be a property of the government of which The Navy was also part of the government. Chaplin could never win the case because the plane’s true owners were claiming it, in addition, the law holds that lost property should be returned to the owner. Even if Chaplin collected the plane as a relic, the plane still belonged to The Navy since under the common law of America, relics are entitled to their collector unless the true owner reclaims them. References Litka, M. P. ; & Inman, J. E. (1983). The legal environment of business: Public and private laws. Hoboken, NJ: Wiley. Stewart, M. ; Warner, R. ; & Portman, J. (2008). Every landlord’s legal guide. Berkeley, California: Nolo. Warda, M. (2005). Landlords’ rights and duties in Florida. Chicago, IL: Sourcebooks, Incorporated. A lost property. (2016, Sep 17).

Liability for defective construction and design Essay

Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractor’s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as â€Å"the date of action accrued†3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of

The state of Social Security in the United States Term Paper

The state of Social Security in the United States - Term Paper Example The increasing numbers of baby boomers and the recessive trends in the economy have been the major concern of the young people who are the main contributors to the social security funds of the state. The role of the state therefore, has become crucial, while incorporating the new developments in the societal changes of the time in their social policy so that state benefit can reach every one. Social security is primarily insurance programs for the old age, survivors and widows of earning members, disability sector, unemployed and the people who need state benefits to survive with dignity. Popularly known as OASDI or Old- Age, Survivors and Disability Insurance, its major funding for the same comes from taxpayers who have to pay contribution under Federal Insurance Contribution Act or FICA. The tax deposits is transferred to trust funds dedicated under different programs like old age and survivors insurance fund, federal disability insurance trust fund etc. When the revenues exceed ex penditure, the excess fund is invested in government ‘bonds’ that is non marketable and is often used by government as deficit spending. In recent times, it has come under huge controversy mainly due to myriad reasons like increasing number of baby boomers who have retired, the rising numbers of unemployed who are unable to contribute etc. and therefore the burden of contribution to social security fund has increasingly been borne by the current contributors. They feel that the fund might not be able to sustain their old age needs. The changing demographic equation and the old has necessitated reforms within the social security programs of United States so that new mechanisms can provide equity in state benefits to the various segment of concerned population. The following recommendations are designed to evolve innovative input into the state policy matter vis-a-vis social security. It is envisaged that new mechanisms would facilitate for effective and long term sustain able social security programs. 1. Introduce tax benefits and retirement age Coile and Grubber (2000) believe that retirement age should be redefined in terms of years that could maximize social security wealth. Indeed, the retirement age needs to become the personal choice of the working population so that they are able to significantly increase their post retirement benefits. It is found that the tax benefits vis-a-vis age becomes a major incentive for the working population, especially for higher age group who increasingly pay lower taxes. Hence, innovative tax schemes should be introduced so that younger people would be attracted to contribute more towards social security fund. The baby boomers have become major beneficiaries of social security funds. The increasing number of baby boomers has significantly impacted the labor market and reduced productivity vis-a-vis accrued income to expenditure. The baby boomers and retirees who are in good health must be encouraged to become pr oductive through self employment. This would help lessen the burden on the young working population. Social security number should become mandatory for all citizens so that social security umbrella could be extended to the legitimate citizens of America. It is also recommended that the immigrant population should be required to pay extra for their spouse and children until the time they become eligible for permanent citizenship. 2. Investment of SS fund for