Termin Literature review Example | Topics and Well Written Essays - 2500 words

Termin - Literature review Example This research essay will be endeavouring to highlight the intricacies involved terminal dilapidated claims. This research essay will look into how changes in the CPR (Civil Procedure Code) have impacted the claims on dilapidation and will also analyse the maximum cap on the claims under section 18 (1) of the Landlord and Tenant Act 1927 by the landlord . Finally, this will research essay will come to a conclusion after having discussed that how changes of CPR have imposed changes in relation to terminal dilapidation claims. (Olins 2010:4). Claims of Terminal Dilapidation To safeguard the landlords , the Landlord & Tenants Act 1927 ( â€Å" the Act†) was enacted as there was some feeling at the time of enactment of the above act that there existed some disparity in the affiliation between a tenant and a landlord with the latter too often misusing his dominant position. (Olins 2010:8). There will be complexity in arriving at the exact amount of claim under terminal dilapidations . This can be ascertained in two ways. ... U Stores Ltd1, it was decided that there is an onus on the landowner to lessen the loss and this may extend to commencing preparations for carrying out the repairs before the expiry of the lease. Failure to do so may even result in reduction or extinguishment of claim for losses (for example, loss of rent). (Cooke &Woodhead 2007:337). In â€Å"Carmel Southend Ltd v Strachan & Henshaw Ltd†2, there was a covenant to handover the premises in substantial and in good conditions. In this case, whether quantum of damages included cost of patch repairs or whether it has to include whether more wide-ranging over-cladding as demanded by the new tenant. In this case, second limp of â€Å"s18 (1) of the Landlord and Tennant Act 1927† was applied. It was decided that patch repairs were enough to adhere with covenants and stance claimed by the incoming tenant may be relevant but not determinative. It was held by the court that erstwhile tenant was responsible for the full cost of pat ch repairs. (Watt 2007:14). In some cases, landlord may be asked to bear the terminal repairs as in the case of multiple occupations. In some cases, a tenant may serve a notice on landlord with a Schedule of Dilapidation if he fails to repair. In Wallace v. Manchester City Council, the tenant was awarded with damages for inconvenience or discomfiture by a County Court Judge and in appeal, the decision was upheld. In Hallise v. petmoor Developments Ltd, the landlord was held accountable for repairs. (The Times 2000). Civil Procedure Code The Civil Justice Review of 1988 recognised intricacy, expenses and delay as the three grave defects that were apparent in the Civil Procedure Code that existed since 1851. To remove these intricacies, Lord Woolf recommended some major changes in the Civil Procedure Code of

Astronomy 123 Homework Assignment Example | Topics and Well Written Essays - 250 words - 1

Astronomy 123 Homework - Assignment Example The shell becomes more massive as it sweeps the surrounding, it, therefore, slows down. The remnants of these explosions can live up to100,000 years, which seems a long duration in terms of astronomical time scale. The most recent supernova experienced in our galaxy was discovered through tracking the remains of its massive explosions. NASA uses Chandra X-ray observation to estimate the frequency with which supernovas explode in the Milky Way Galaxy. NASA estimates that the last supernova occurred almost 140 years ago measured within the period of the earth. Initially, the last supernova had occurred in 1680. Supernovas are, therefore, rare occurrences with only six observed in the earth’s galaxy over a period of 1000 years (Yockey and Hubert 142). The estimate for their occurrence is one supernova for every 25 to 100 years; therefore, it is likely that one may occur soon. The first theory explaining the origin of water talks about volcanic activity. It suggests that when the earth cooled, certain elements that broke apart recombined forming new substances. Two of those elements are hydrogen that broke away from hydrocarbons (for example methane) and oxygen that broke away from iron oxide. Molten magma carried these elements to the surface; they then combined to form water. This however does not seem sufficient to account for 70% of the earth’s surface. Another theory suggests that water was delivered to earth by earth-grazing comets. While the nebulae has water within its remote corners, analysis of this water shows that it is not the same water like that found in the earth’s oceans. The snowball earth hypothesis states that the surfaces of the earth and the ocean were covered with ice across the poles of the equator during periods of extreme cooling about 2.4 billion years ago (Singh 109). Evidence for this hypothesis is found in the ancient rocks that preserve signs of past magnetic field. Additionally, there is a