Women and Economics during Colonial America and Before and After Essay

Women and Economics during Colonial America and Before and After American Revolution - Essay Example Women in colonial America were suffering tremendously. In the simplest of words, women in early America worked as caretakers of the family, workers in the house and responsible of creating and looking after the home: homemakers. They were not allowed to vote and had little or no chance of attaining an education. Often these women included "indentured servants", these were the migrants who had been allowed a passage into the American colonies. They were forced to work without pay until their contracts, with the individual who paid for their entry, expired. Thus, most of the woman's role was centered at home. If the husband was a farmer or owner of a plantation she could work alongside him on the land. As most of the woman's job centered on child-birth a large amount of her time would be spent in taking care of the children. This included cooking. She had to tend to her own animals, grow her own fruit and vegetables and cook with the limited resources provided by the male member of the house. Candles, soap thread, cloth and clothing (WE)1 were a luxury that had to be produced by the woman herself. Even the most affluent of families had women involved in acts like taking care of the house and cooking for the family. For instance, the characteristics of the society in New York were different to that of other colonies. It consisted of what appears to be a "feudal lord" of today. However, even these women had little to do but sit and sew or knit. She had to tend to her own animals, grow her own fruit and vegetables and cook with the limited resources provided by the male member of the house. Candles, soap thread, cloth and clothing (WE)2 were a luxury that had to be produced by the woman herself. The worse bit of American colonization came during the witch-hunts. The aggrieved Christian colonists needed a reason to explain their defeat at the hands of the "heathen" Indians. Women were the perfect victims to take the blame. In a conservative culture where women had a set and fixed role in the household and society, it was unacceptable for women to break the norms. Thus, if any woman dared to venture outside her prescribed role, the immediate consequence in that time was to blame her alien behavior on mysterious causes: witch-craft. (WE)3 . Despite the limited education, a desire to satisfy physical needs made women proficient at running economically sound households. Women understood the concept of maintaining healthy networks with other females. They adopted the concept of barter with fellow neighbors, friends and relatives. As mentioned previously, women were not educated thus the best teachers were the ones who had served the role of wife themselves. These women taught their own daughters and often took in other young girl students who managed the house in exchange for the skills they performed during this practice. The only job acceptable to women of that time was that of midwife. Though a number of women died in child-birth because very few females had the professional skills needed to carry out proper birth. This occupation was held in the highest respect. The payment was generally in the form of

Literacy in America Essay Example for Free

Literacy in America Essay America, the most technologically advanced and affluent of all nations on the earth, seems to have an increasingly larger illiteracy rate every year. This has become and continues to be a critical problem throughout our society as we know it. According to the National Adult Literacy survey, 42 million adult Americans cant read; 50 million are limited to a 4th or 5th grade reading level; one in every four teenagers drops out of high school, and of the students who graduate, one in every four has around an 8th grade education. Why? You ask. This problem will never fix itself and will take quite a bit of time to overcome. We need to make sure that everyone is aware of the social problems, poverty and lack of family interaction that occurs everyday in many, if not all, communities throughout America. â€Å"Nearly a billion people, two-thirds of them women, will enter this world unable to read a book or write their names, warns UNICEF in a new report, The State of the Worlds Children 1999. UNICEF, the United Nations Childrens Fund, points out that the illiterate live in more desperate poverty and poorer health than those who can read and write. (Boaz). The most important factor that contributes to the outrageous statistics of illiteracy is that of poverty. Poverty is an issue that more and more of our nations children are coming face to face with and the price they must pay is unbelievably high. Poverty is considered a major at-risk factor (Leroy 2001). The term at-risk refers to children who are likely to fail whether it 2 be at school or life in general because of their lifes social circumstances. Some of the factors that may place these children at-risk are: dangerous neighborhoods; young, uneducated parents; unemployment; and inadequate educational experiences. Teachers need to be aware of the circumstances that their students face and be able and ready to help these children find a balance between the cultural values that they may have and values emphasized in school. By providing emotional support, modeling, and other forms of scaffolding, teachers can help students use their strengths, skills, and knowledge to develop and learn ( Marlowe and Page,9). The United States prides itself on being a free, democratic state. Jonathan Kozol’s essay â€Å"The Human Cost of an Illiterate Society† states that the United States is not the democracy it claims to be. For democracy to work at its best, a true representation of the common interests and how the majority feels about those interests must be in place. According to Kozol, about â€Å"60 million people in the United States are illiterate. † For the United States to be the self-functioning democratic state it proclaims to be, it has to be a literate society. The people of the United States are not part of a democracy without the full capacity to make informed choices, and furthermore cannot reap the benefits that a democratic society has to offer if the best interests of the majority are not represented. Direct quote #2 (Madison)with signal phrase. Hypo-thetical example James Madison wrote that a â€Å"people who mean to be their own governors must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or perhaps both† (Surowiecki, page 4). Voting is by far the most important aspect of a democratic society, and the percentage of people who do vote is a topic of much discussion here in the United States. If the number of people not voting is such a significant concern then the reasons they are not voting is 3 as well. An uneducated vote is not any better than a vote not cast at all. Imagine going to a voting booth and voting for a person or a ballot measure based on the ads you see on the TV only. In this circumstance, decisions are often made based on the negative ideas offered by both major political parties. If 60 million people in the United States cannot read, then they cannot cast a vote truly representative of their opinions. As Kozol claims, the United States has in fact become a government â€Å"of those two thirds whose wealth, skin color, or parental privilege allows them opportunity to profit from the provocation and instruction of the written word† (Kozol). The percentage of the population that is illiterate cannot choose which candidates make it onto the ballots, they cannot sign petitions, and they cannot choose which measures will pass or those that will fail. Direct quote #3 (Kozal), with signal phrase e. Of equal importance to a democratic society are the benefits that literacy provides to the public. When one is illiterate they are not able to reap the benefits of a free society. The freedom to choose enhances one’s chances of experiencing the best of anything. Illiteracy makes for a life of settling. An illiterate person has to settle for another’s interpretations of the world. According to the article ‘Democracy 101,† the ability to read opens a world that many people do not consider. The choice of where to live, what to eat, and where to work may all seem commonplace to the average literate person. Kozol uses the warning on a can of Drano in the opening of this essay to educate. It may take a moment for it to sink in but the reader will soon realize how much power reading and writing holds. Life, liberty and the pursuit of happiness are supposed to be guaranteed to all citizens of this country. Those that cannot read or write do not have the capability to choose who are the best people suited for ensuring those rights. Perhaps more importantly the 60 million illiterate people in this country cannot make the choices necessary to make use of those rights (Kozol). References Boaz, David. Illiteracy The Bad News and the Good. Cato Institute. 20 Jan. 1999. Kim, J. K. NRRF Illiteracy: An Incurable Disease or Education Malpractice? Kozol, Jonathan, Illiteracy: The Enduring Problem. . Leroy. The Effects of Poverty on Teaching and Learning. 2001 Surowiecki, James. The Dangers of Financial Illiteracy in America. The New Yorker.

Strategies for an Inclusive Classroom Setting

Strategies for an Inclusive Classroom Setting Robyn Clark Contents Introduction Explanation of key terms Literature Study Gender Roles Cultural and Racial Identity Example of cChecklist Written Report on findingsFindings School A School B Suggestions Resources Introduction Explanation of key terms Anti-bias Oxford Dictionary gives the definition of bias as â€Å"[the] inclination or prejudice for or against one person or group, especially in a way considered to be unfair†. Thus, anti-bias is an approach implemented to ensure that bias does not occur in any context in the classroom environment. â€Å"In an anti-bias classroom, children learn to be proud of themselves and of their families, to respect human differences, to recognize bias, and to speak up for what is right† (Derman-Sparks Edwards, 2010: 5) Identification According to Gestwicki (2014:261) identification is the process of imitating or adopting ideas of admired individuals. Diversity Diversity refers to a range of different things. In the context of this paper, it refers to differences in the following aspects cultures, learners, learner’s backgrounds, languages and ability groups. Multi-cultural Multi-cultural education is an adaptive process that incorporates Education the idea that all learners have equal opportunities in school, regardless of their gender, sexual orientation, social class, and ethnic, racial or cultural characteristics (Banks, 2013: 1) Gender Identity Awareness of gender in biological terms that an individual is either male or female Prejudice Prejudice is defined as a â€Å"judgement or opinion, against or in favour of a person or thing formed beforehand or without due examination of the facts† (Lemmer, Meier van Wyk, 2012: 31). Stereotypes According to Oxford Dictionary, a stereotype is defined as a widely held but fixed and oversimplified image or idea of a particular type of person or thing. A stereotype is when one creates â€Å"mental cages in order to place people items or events into conceptually specified groups† (Lemmer, Meier van Wyk, 2012) Culture Culture is a multi-faceted concept, composed of many interrelated aspects, all of which have an influence on the teaching and learning process. According to Coetzee, van Niekerk Wydeman (2008) cultures are processes of social and human interactions; embrace a body of knowledge; dynamic, creative and continuous processes; continuously modified over time and every culture has its own system of values, beliefs, norms and attitudes. Race Race refers to a group of people who are grouped together or classified according to a common physical characteristic, such as the colour of their skin. Racial / Cultural Identity Understanding of one’s racial or ethnic understanding (Gestwicki, 2014: 262) Literature Study An anti-bias approach to education aims at developing a sense of self-awareness in each individual, fostering a sense of appreciation, tolerance and understanding for the differences between children and cultures, and highlighting the similarities between them. Instilling an anti-bias approach is particularly important in Early Childhood Development. There are four core goals of anti-bias education, namely; children demonstrate self-awareness, confidence, family pride, and positive social identities; each child expresses comfort and joy with human diversity and is able to use accurate language to describe human differences as well as form deep human connections; children increasingly recognize unfairness and are able to describe unfairness, understanding that unfairness hurts; and children will demonstrate empowerment and the skills to act, with others or alone, against prejudice and/or discriminatory actions (Derman-Sparks Edwards, 2010). Anti-bias includes bias relating to gender, race, culture, religion, disability, age and language. This approach aims at incorporating different cultures fully into the environment in an inclusive, integrated and on-going process, avoiding superficial representations, isolated and trivial representations., and patronizing events (Gordon Browne, 2014:259). Children as young as two years old begin to notice differences in race and gender, as well as form categories and classifications about the world, and people, around them (Gordon Browne, 2014 : 258). During their early years, children begin to develop socially and emotionally. Identification, the process in which a child imitates an admired individual in their environment, takes place during these formative years, and is a key step in a child’s development, particularly pertaining to personality and social development. According to Gestwicki (2014: 261) the identification process is related to issues of acquiring gender or sex-role identities, acquiring cultural or racial identities as well as developing a sense of self-confidence and personal competence. For optimal learning, children derive meaning from what is being taught by connecting the new knowledge with what they already know. Thus it is crucial that each child’s own cultural or family reference is reflected in their learning environment. A child’s experiences â€Å"are embedded in the social exchange within their own cultural groups and their frame of reference, which reflect[s] the shared meanings and experiences of those groups† (Meier Marais, 2012:130) Gender Roles During their Early Childhood years, children begin to form their gender identities. A gender identity is composed of two different aspects; an awareness of sexual identity, such as whether they are male or female biologically, and an awareness of sex-role behaviour. Sex-role behaviour, often determined by the culture, is the different roles and behaviours of the two genders. A child seeks to understand what being male or female means, and learns about the different roles through observation and asking questions. Before the age of four, children often engage in gender neutral games, wherein boys and girls play together comfortably. Thereafter, children tend toward gender-specific forms of play, and choose to play with children of the same sex (Gestwicki, 2014:261). Children learn about their gender roles through observation and imitation of those in their immediate environment. Thus parents and teachers, and the way in which they encourage gender roles and model specific gender charac teristics and behaviour also have a profound influence on the child’s gender role perceptions. Their perceptions of gender role are also influenced by the media, and stereotyping in their immediate surroundings and society. In order to steer clear of gender stereotyping in the classroom, teachers need to be mindful of their words and actions in the class that could be perpetuating gender stereotypes (Gordon Browne, 2014:124). In a predominantly female environment, such as early childhood education programmes, one needs to aware of the behaviour they model, and ensure that the environment, materials, examples used, as well as expected behaviour are fair and non-bias, and cater to boys too. Although there are developmental differences between the genders, in the rate of maturity, as well as the rate of physical growth, there are â€Å"no significant differences between girls and boys intelligence and reasoning behaviour† (Gordon Browne, 2014: 124). Consequently, teache rs should not hold unequal expectations for the genders, as this inhibits the child’s ability to reach their full potential (Meier Marais, 2012: 139). In order to avoid gender based bias, teachers need to be actively involved in self-reflection and be engaged in a constant state of awareness of their expectations and the behaviour they are emulating, and the effect these expectations and behaviours have on a child’s growth and development. During a child’s formative years, the child is in the process of forming a healthy gender identity, and the teacher is actively involved in aiding in this development. According to Gestwicki (2014:274) teachers facilitate this development when they answer child’s questions about their bodies and themselves in a factual manner. Teachers also offer experiences and scenarios that challenge stereotypes of gender behaviour as well as organise the children’s environments to encourage cross-gender play. Teachers should also be mindful of language and images in books, and teaching materials, to ensure diversity in work and home life is portrayed. It is also essential that teac hers work closely with learner’s families, and are aware of the possible cultural influences that could influence a parents views on non-traditional gender roles. It is important to maintain open communication to avoid tension, and to better understand and be respectful of the child as well as their family and background. One also needs to be actively challenging child’s stereotypical words or actions, and â€Å"[t]eachers [RC1]intervene with immediate and follow-up activities to counter [the] cumulative, hurtful effects of these messages† (Derman-Sparks Edwards, 2010). A healthy gender identity is very important to a child’s development, and it is during their formative years that this identify is formed and moulded. It is the teacher’s ethical responsibility to provide an environment and classroom-culture that is free from bias and stereotypes. The teacher should be actively trying to eliminate bias, and to intervene when children use actions or comments that are stereotypes or bias. It is important that a teacher remain mindful of their own perceptions of gender roles and actively model behaviour and language that is free from bias and stereotypes. Cultural and Racial Identity Creating an anti-bias environment that conveys a genuine respect for all diversity fosters positive attitudes towards cultural and racial identities. It is crucial that the core aims of an anti-bias approach (Derman-Sparks Edwards, 2010) are achieved, and the structures and processes are in place to effectively achieve these aims. South Africa is a multi-faceted and diverse country, with multiple different cultures and races. Diversity however â€Å"not only constitutes groups such as ethnic, race, language and religious groups† (Lemmer, Meier van Wyk, 2012: 19) but also the range of personal differences between the individuals within the different ethnic groupings. In the classroom setting, each teacher and child is a unique individual, with unique and â€Å"distinct set of beliefs, values and attitudes to form a complex and unique classroom culture† (du Plessis, Conley du Plessis, 2007). Culture is a complex human phenomenon, and in the multi-cultural education per spective, â€Å"culture can be viewed as a composite of significant and interrelated aspects, all of which have specific significance for the teaching-learning process† (Coeetzee, van Niekerk Wydeman, 2008:117). Unfortunately there are learners that enter the class with preconceived prejudices that they have picked up from their home environment or immediate surroundings. According to the SAHRC report of racism in schools, â€Å"[l][RC2]earners approach schools with the prejudice imbued in their home environments† and it is necessary to â€Å"transform the minds of learners†. It is not only parents attitudes that instil a sense of prejudice in young children’s lives; other sources include â€Å"school, classmates, siblings and the media† (Lemmer, Weier van Wyk, 2012:32). As some children are entering the classroom with prejudices, it is essential that the teacher is proactive and actively deals with those prejudices and stereotypes as and when they arise. It is important that the teacher acknowledges and respects the different cultures in their class, and ensures that this respect is incorporated in all aspects of the daily programme. It is the teacher’s r esponsibility to ensure that the all interactions, materials and experiences convey respect for all people. It is important to bear in mind that education is a â€Å"powerful agent of cultural transmission and preservation† (Coeetzee, van Niekerk Wydeman, 2008:118). According to Gestwicki (2014: 277) teachers must be aware of what is included or excluded in the classroom environment, as this is a clear reflection of what is valued by the educational institution and teachers. A lack of respect for the varying cultures in the class, or a serious cultural alienation could lead to cultural isolation, cultural erosion, learning problems, behaviour problems, conflict and communication problems (du Plessis, Conley du Plessis, 2007:152). Young children are aware of cultural and racial differences, and their perceptions of these differences and different cultures are developed and moulded during their pre-school years. According to Gestwicki (2014: 262) children, by the age of four, are aware of their racial or cultural identity and have absorbed attitudes, negative and positive, towards their own and other’s identities. Thus it is crucial that young children are taught to respect one another’s differences, enjoy and cherish human diversity, as well as use accurate and non-bias or stereotypical language for human differences (Derman-Sparks Edwards, 2010). Although differences between individuals and cultures are discussed, the similarities between them are also emphasised and celebrated. Children learn to identify with one another through their similarities and to respect their differences. Teachers should create a classroom environment that will â€Å"allow optimal learning in a climate of safety, car e and acceptance† (Coeetzee, van Niekerk Wydeman, 2008:119). Children feel accepted in a classroom community when they see themselves, their families and their cultural background reflected in every aspect of their school day. â€Å"All children and families have a sense of belonging and experience affirmation of their identities and cultural ways of being† (Derman- Sparks, 2010) To ensure anti-bias in their classrooms, and to make sure that their class and curriculum reflects the plurality of their contemporary society, teachers must ensure that all pictures and books realistically portray the diversity in the class, and give a realistic and well-rounded view of different cultures, avoiding stereotypes and over simplification (Gestwicki, 2014:276). They should endeavour to provide toys, materials and activities throughout the class that children can identify with, that represent their various families as well as the â€Å"major groups in the community and nation† (Gestwicki,2014:278). Content about different ethnic groups should to fully integrated into the curriculum, and should occur regularly and naturally, not as an appendage to the curriculum. Different cultures should be discussed in depth and holistically, and teachers should maintain open and constant communication with parents and families to ensure that they too fully understand the children ’s backgrounds in their class. Parents should be fully involved, and invited to school regularly to share songs, stories or traditions of their cultural and language background (Gestwicki, 2014:278). Language Religion Disablity Language Example of checklist Facility: _________________________________________ Address: ________________________________________ Manager: ________________________________________ Telephone Number: _______________________________ SECTION A SECTION B Interview questions Interviewee: ______________________________Interviewer: ____________________ Position: _________________________________Time: _________________________ How does your selection process work? What process do you use to divide your classes? Collectively, do your staff speak / understand a range of South African languages? What is your school’s language policy? How do you ensure each child’s unique family is reflected in the classroom? Do you consider your facility open and non-bias towards all families? Including gay-lesbian families, single parents, cross-cultural families and adoptive families? How does your curriculum reflect the diverse nature of our society? How do you communicate with the learners families? What is your policy regarding learners with physical disabilities? How do you deal with different religious holidays? Do you do Bible stories in your Morning Ring? Are the meals you prepare catered to all religions / cultures? Do you cater for gender differences in your educational activities and art activities? How do you deal with bias, racism or stereotypes in the classroom or on the playground? Do you consider your facility to be anti-bias? Participants Name: ________________________Signature_________________Date: __________ Name: ________________________Signature_________________Date: __________ Name: ________________________Signature_________________Date: __________ Written Report on findings School A School B Suggestions Resources Banks, J. A. 2013. An Introduction to Multicultural Education. 5th Edition. Pearson: New Jersey Coetzee SA, Van Niekerk EJ Wydeman JL. 2008. An Educators Guide to Effective Classroom Management. First Edition. Van Shaik: Pretoria Deiner, P. L. 2010. Inclusive Early Childhood Education: Development, Resources Practice. 5th Edition. Wadsworth Cengage Learning Derman-Sparks, L Edwards, J. 2010. Anti-Bias Education for Young Children and Ourselves. National Association for the Education of Young Children. Washington, DC. Du Plessis, P; Conley, L du Plessis E. 2007. Teaching and Learning in South African Schools. First Edition. Van Shaik: Pretoria Gestwicki, C. Developmentally Appropriate Practice : Curriculum and Development in Early Education. 5th Edition, International Edition. Wadsworth Cengage Learning Gordon, AM and Browne, KW. 2014. Beginnings and Beyond. Foundations in Early Childhood Education. 9th Edition. Boston: Ally Bacon Lemmer, E. M; Meier, C van Wyk, J.N. 2012. Multicultural Education: A manual for the South African teacher. Second Edition. Van Shaik: Pretoria Meier C Marais P. 2012. Educational Management in Early Childhood Development. Second Edition. Van Shaik: Pretoria Mittler, P. 2000. Working Towards Inclusive Education: Social Contexts. First Edition. David Fulton Publishers: 2000 Recchia, S.L Lee, Y. 2013. Inclusion in the Early Childhood Classroom: What Makes a Difference? First Edition. Teachers College Press: New York Vally, S Dalamba, Y. 1999. Racism, racial integration and desegregation in South African public secondary schools. A report on the study by South African Human Rights Commission (SAHRC). Johannesburg: SAHRC Department of Education (2011). Curriculum and Assessment Policy Statement Grades R-3 English Home Language. Pretoria: Department of Basic Education Department of Education, National Protocol for Assessment, Gr R -12 (CAPS). Pretoria: Department of Basic Education [RC1] [RC2]?

Emily Brontes Wuthering Heights - Infanticide and Sadism :: Wuthering Heights Essays

Wuthering Heights: Infanticide and Sadism    I would like to begin by simply defining the terms infanticide and sadism. Webster's Dictionary defines infanticide as the killing of an infant or the suffering of an infant. The same source defines sadism as both a disorder in which sexual gratification is derived by causing pain or degradation to others and simply pleasure in being cruel. Now, while reading Wuthering Heights, I was giving every character the benefit of the doubt. I was accounting their rough life to simple hard times. However, after reading "Infanticide and Sadism in Wuthering Heights" my eyes were opened to the perversion of the world portrayed in Wuthering Heights. To start off, I would like to take a good look at the suffering of the children. Each child does not have the benefit of their mother for a very long period of time. "Catherine Earnshaw is not quite eight when her mother dies; Cathy Linton's birth coincides with her mother's death; Hareton's mother dies the year of his birth; and Heathcliff is an orphan by the time he is seven. Even the children who receive motherly care throughout childhood do not receive it long after they reach puberty. Linton Heathcliff loses his mother when he is not quite thirteen- Linton, of course, is a child all his life- and Isabella Linton is orphaned when she is fourteen. The only exceptions- and these unimportant - are Hindley Earnshaw and Edgar Linton, who are sixteen and eighteen respectively when their mothers die (and even their mothers are apparently not very motherly)." (Thompson 139). Bronte does away with all of the mothers. Why does she so that? She kills off the mothers to help better accent th e children's struggle against all the psycho adults who are all out to kill them. The first child to receive this kind of treatment was Heathcliff when he first arrived and Mrs. Earnshaw wanted to "fling it outdoors." This sort of treatment was subjected to every child in the book, and without their mothers, there was nobody to protect thern. Hareton Earnshaw lives a more dangerous life than most of the children. He lost his mother the year of his birth and spent a great deal of his childhood hiding from his father, whose first instinct when drunk is to kill his son. Hareton manages to survive, but Linton Heathcliff is not so lucky.

Land Law in Kenya Essay

An interest in land according to The Registered Land Act Cap 300 is defined as follows: â€Å"interest† in land includes absolute ownership of land. According to Black’s Law Dictionary, interest with regard to land law is defined as a legal share in something; all or part of a legal or equitable claim to or right in property that is, right, title, and interest. Collectively, the word includes any aggregation of rights, privileges, powers, and immunities. Oxford defines interest as interest with regard to land law as a right in or over land. It may comprise equitable ownership of the land such as the interest of the tenant for life under a settlement, where the legal estate is owned by trustees; or the benefit of some other right over the land of another, such as an easement or rent charge. In all these definitions, the characteristics of rights over the land, ownership and title are key features of interests in land. We should therefore examine these three to develop a full understanding of what interests in land really are. Rights over Land Definition A right over land is the exclusive liberty and privilege to enjoy land due to the individuals with legal shares in the land. Land here is perceived as the following definitions: Section 2 of the RTA defines land as including ‘land and benefits to arise out of land or things embedded or rooted in the earth, or attached to what is so embedded for the permanent beneficial enjoyment of that to which it is so attached, or permanently fastened to anything so embedded, rooted or attached, or any estate or interest therein, together with all paths,  passages, ways, waters, watercourses, liberties, privileges, easements, plantations and gardens thereon or there under lying or being, unless specifically excepted’. Section 3 of the RLA defines land to include land covered with water, all things growing on land and buildings and other things permanently affixed to land. Section 260 of the Constitution of Kenya’s definition of â€Å"land† includes— (a) The surface of the earth and the subsurface rock; (b) Any body of water on or under the surface; (c) Marine waters in the territorial sea and exclusive Economic zone; (d) Natural resources completely contained on or under the Surface; and (e) The air space above the surface; Therefore when regarding rights over land, this is looking-glass through which land is viewed. The definition of a right over land has roots in two Latin maxims. 1. Cuius est solumeius estus que ad coelum et ad inferos: meaning he who owns the land owns everything extending to the very heavens and to the depths of the earth. This maxim was set forth in Wandworth v United Tel. Co. Ltd (1884) 13 B.D. 904 2. Quid quid plantatour solo, solo cedit: meaning whatever is attached to the ground becomes a part of it. The rule also implies that objects attached to the building in question become annexed to the realty with the result that they are regarded as â€Å"fixtures.† The Land Registration Act Cap 300 Section 30 represents an evolution and stratification of these rights and goes on to describe these rights as follows: 30. Unless the contrary is expressed in the register, all registered land shall be subject to such of the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register – (a) Rights of way, rights of water and profits subsisting at the time of first registration under this Act; (b) Natural rights of light, air, water and support; (c) Rights of compulsory acquisition, resumption, entry, search and user conferred by any other written law; (d) Leases or agreements for leases for a term not exceeding two years, periodic tenancies and indeterminate  tenancies within the meaning of section 46; (e) Charges for unpaid rates and other moneys which, without reference to registration under this Act, are expressly declared by any written law to be a charge upon land; (f) Rights acquired or in process of being acquired by virtue of any written law relating to the limitation of actions or by prescription; (g) The rights of a person in possession or actual occupation of land to which he is entitled in right only of such possession or occupation, save where inquiry is made of such person and the rights are not disclosed; (h) Electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or lay in pursuance or by virtue of any power conferred by any written law: These rights are acquired by the proprietor of the land. A proprietor, according to the Registered Land Act Cap 300 is (a) In relation to land or a lease, the person named in the register as the proprietor thereof; and (b) in relation to a charge of land or a lease, the person named in the register of the land or lease as the person in whose favour the charge is made; These rights are enshrined in the Laws of Kenya and as such they are a fundamental aspect of the Kenyan legal position. The importance of the rights over land are as important as the issue of land itself for the rights over land are the reason and rationale to own, occupy and sell land. After all, what is the point of owning land if one has no rights over it? The Rationale Behind Rights over Land The importance of these rights is engrained as much in their history as much as their practicality. The history of rights over land in Kenya can be traced back to the pre-colonial era. In pre-colonial Kenya, the land was owned by the community at large. Rights over land were granted to all members of the community. All members of the community could derive all benefits he or she so wished. (It is important to note that the pre-requisite to enjoy these benefits was membership to the community not proprietorship as is the case today.) However, the land being owned by the community and by virtue of the entire community being able to use the land as they wished was by all means and purposes owned by the community at large not by individuals. Therefore the appropriation of such land was not under the purview of individuals. By its very nature, appropriation is based on capitalist concept. The principle behind appropriation is the exclusive  enjoyment of certain property and all rights pursuant to it. The African view towards land was inherently communist. The shift from the communist view towards the rights over land to the capitalist view was a result of the British invasion and colonisation of Kenya. Colonialism brought with it a free enterprise economy. A characteristic feature of that mode of production is that it is individualistic. That is to say, at the core of it, the individual has the greatest motivation if he knows that whatever he applies, whatever he produces through his own sweat and effort will be entirely his and not available to be shared by others or subjected to being communally owned. One immediate impact of the introduction of the free enterprise system was that land was treated as a commodity which could be individualized, sold, owned, or dealt with as per the wishes of those who had titles to such land. Due to agriculture being the main income generator for colonial settlers and in turn the colonial government, the issue of land ownership and the rights over land were dispensed with expediently. Over the years, land policy in Kenya has undergone a transformation especially as a result of the 2010 Constitution. However, the basic rights over land have remained the same. Land Tenure Definitions 1. The use of land in a manner established by custom or law. 2. The right to hold property; part of an ancient hierarchical system of holding lands Under capitalism the system of land tenure is based on the right of private land ownership (by capitalists or small working peasants) or on a land rental agreement. Various forms of rental relationships are becoming increasingly prevalent in agriculture. Under socialism the system of land tenure is based on public socialist ownership of the means of production and on the socialist economic system. When the new system of landholding was introduced in the eleventh century, the king gave rights over large areas of land to each of his most powerful  supporters, in exchange for an oath of loyalty and the performance of services (which very often involved ï ¬ ghting for the king when necessary). In turn, each lord would grant to his followers similar rights over parts of the land he had received, again in exchange for loyalty and services. The relationship between the grantor (the king or lord who granted the rights) and the grantee (the tenant who received them) is called ‘tenure’ (from the Latin word ‘tenere’ which means ‘to hold’), and various forms of tenure developed, according to the nature of the services to be performed by the tenant. These forms of tenure came to be described as ‘freehold tenures’, because rights in land could be held in this way only by free men (i.e., not by the unfree serfs or villeins, who were obliged to remain in the area in which they had been born and to work for the local lord). Over the centuries, changes in society meant that the services due from the tenant were no longer performed and the link between lord and tenant was forgotten. However, the underlying theory that land is held from the Crown remained, and although most forms of tenure have been abolished a ‘landowner’ is still said to hold his land from the Crown by the one remaining form of tenure (‘free and common socage’). Nevertheless, for all practical purposes the doctrine of tenure has little modern signiï ¬ cance, and it is very likely that the owner of a house is completely unaware of his tenurial relationship with the Crown. Under feudalism there were four principal forms of land tenure. Land tenure by the feudal lord, based on various forms of hierarchical feudal land ownership and on the dependent position of the workers themselves, the serfs or feudally bound peasants. Tenure of allotted land by serfs who were attached to land not belonging to them and who therefore bore various obligations to the feudal lord for its use; this form secured the economic basis of the class rule of the feudal lords (gentry’s landowners) and, within certain limits, created conditions for the development of small-scale peasant farming. The third form was land tenure by peasants who enjoyed personal freedom but had to pay a quitrent (monetary or in kind) to the feudal lords or fulfil  personal obligations. The fourth was land tenure by free peasants, based on their free, alodial ownership. Such a free peasant, however, was a rare phenomenon under feudalism. Doctrine of Tenures is a doctrine followed in old English law whereby it is presumed that all land is held of the Crown, either directly or indirectly, on some type of tenure. Legal Effect of Doctrine The crown is the owner of all the land. No one has absolute ownership. Rather, landowners hold the land ‘of’ the Crown as tenants (therefore tenure). They may then alienate their land further, creating subtenants (subinfuedation). The relationship between a lord and his tenant is one of mutual duties. In return for tenure, a tenant provides the lord with services and a right to incidents. Elements of Doctrine According to the doctrine, all of the land ultimately belongs to the Crown, who gives it (via ‘grants’) to people. This means that no one has absolute ownership (no ‘allodial’ land). The people are said to hold the land ‘of’ the Crown. They are ‘tenants’ of the crown, therefore, they are granted ‘tenure’. The doctrine creates the system of lord and tenant – the lord alienating land to a tenant (who can then alienate the land to someone else, creating a new lord and tenant relationship). There is a mutual exchange or duties and obligations between the lord and tenant: Services – the tenant has to provide a variety of services for the lord in return for his tenure. In return, the lord provides the land, a court (manorial courts) and protection. Incidents – the lord also had rights to incidents – . Roots of Doctrine The doctrine originated in the Norman Conquest, when William the Conqueror made the Crown the absolute owner of all land. His supporters were made ‘tenants in chief’ pursuant to a ‘grant’. The old landlords who did not rebel were entitled to keep their land. To deal with this, William created the legal fiction of the Crown having ‘granted’ this land to the landlords. Land ownership had a pyramidal structure with complex ties between Kings and tenants in chief. The King was at the tip, and sub-tenants were at the bottom. In the middle were tenants who made grants. These tenants who made grants became Lords, for they possessed and held their land. The sub-tenants merely had a right to occupation. There was fragmentation in a spatial dimension (i.e. There were overlapping sets of rights over a particular area of land). This allowed more than 1 person to have an interest in the same land. Development of Doctrine The modern absolute definition of ‘ownership’ simply did not fit the feudal system of land ownership as no one person had absolute title. A freehold was not really ownership. Only the Crown had what came close to being considered absolute rights. The doctrine of tenure allows overlapping rights over one piece of land because of the subinfuedation. The process eventually became too cumbersome, and a statute was created to reduce the difficulties that arose including: 1. It permitted every free man to alienate his interest in the whole or part of his land without his lord’s consent; 2. It prevented further subinfeudation to occur (Substitution still remained). If A held land as a tenant-in-chief (a landlord) from the King, and gave land to B, B would become the tenant-in-chief for that parcel. Earlier, A remained tenant-in-chief, while B was in an awkward quasi-tenured position. Summation There are two building blocks of English land law: 1) Doctrine of tenure 2) Doctrine of estates The doctrine of tenure is now irrelevant, but shaped the doctrine of estates. THE CONCEPT OF LAND TENURE The term land tenure is derived from the Latin word tenure which means â€Å"to hold.† Tenure defines the social relations between people in respect of the object of the tenure, in this case land. Tenure also defines the methods by which individuals or groups acquire hold transfer or transmit property rights in land (Ogolla, Mugabe 1996). Property rights may include a variety of different rights for example to build, to use, to transfer, to mine etc. the rights may be transferred or transmitted either together or individually at the discretion of the holder with or without limitations depending on the tenure system. Formal rules of tenure therefore define the nature and content of property rights in land or other resources and the conditions under which those rights are to be held and enjoyed. LAND TENURE SYSTEMS IN KENYA Interests in land broadly fall into two groups. Rights and that are held through traditional African systems, and rights that derive from the English system introduced and maintained through laws enacted by colonial and then the national parliament. The former is loosely known as customary tenure bound through traditional rules (customary law). The latter body of law is referred to as statutory tenure, secured and expressed through national law, in various Act of parliament e.g. Government Land Act (cap 280), Registered Land Act(cap 300), Registration of Titles Act (cap 281), Trust Land Act (cap 288) of the Laws of Kenya. a) Customary Land Tenure This refers to unwritten land ownership practices by certain communities under customary law. Kenya being a diverse country in terms of its ethnic composition has multiple customary tenure systems, which vary mainly due to different agricultural practices, climatic conditions and cultural practices. However most customary tenure systems exhibit a number of similar characteristics as follows: First, individuals or groups by virtue of their membership in some social unit of production or political community have guaranteed rights of access to land and other natural resources (Ogendo 1979). Individuals or families thus claim property rights by virtue of their  affiliation to the group. Secondly, rights of control are rested in the political authority of the unit or community. This control is derived from sovereignty over the area in which the relevant resources are located. Control is for the purpose of guaranteeing access to the resources and is redistributive both spartially and intergenerationally. Its administrative component entails the power to allocate land and other resources within the group, regulate their use and defend them against outsiders (Ogola, Mugabe 1996). Thirdly, rights analogous to private property accrue to individuals out of their investment of labour in harnessing, utilizing and maintaining the resource. Thus the present cultivator of some piece of land has the greatest rights to it. These rights transcend mere usufruct and encompass transmission and in some communities transfer (Elias 1956). Lastly, resources that do not require extensive investment of labour or which by their nature had to be shared, for example, common pasturage are controlled and managed by the relevant political authority. Every individual member of the political community has guaranteed equal rights of access thereto. The regulatory mechanisms imposed by the political units such as exclusion of outsiders, seasonal variations in land use and social pressure ensured sustainable resource utilization. This mode of ownership in Kenya is currently governed by the Trust Land Act by which all land in the rural areas which is neither government land nor individually owned is vested in the county council in trust for the residents living there. b) Statutory Tenures i) Freehold Tenure This tenure confers the greatest interest in land called absolute right of ownership or possession of land for an indefinite period of time, or in perpetuity. Freehold land is governed by the Registered Land Act (RLA) Cap 300 of the Laws of Kenya. The Act provides that the registration of a person as the proprietor of the land vests in that person the absolute ownership of that land together with all rights, privileges relating thereto. A freehold title generally has no restriction as to the use and occupation but in practice there are conditional freeholds, which restrict the use for say  agricultural or ranching purposes only. ii) Leasehold Tenure Leasehold is an interest in land for a definite term of years and may be granted by a freeholder usually subject to the payment of a fee or rent and is subject also to certain conditions which must be observed. e.g. relating to developments and usage. Leases are also granted by the government for government land, the local authorities for trust land and by individuals or organisations owning freehold land. The maximum term of government leases granted in Kenya is 999 years for agricultural land and 99 years for urban plots. There are few cases of 33 years leases granted by government in respect of urban trust lands. The local authorities have granted leases for 50 and 30 years as appropriate (GOK 1996). c) Public Tenure This is where land owned by the Government for her own purpose and which includes unutilised or unalienated government land reserved for future use by the Government itself or may be available to the general public for various uses. The land is administered under the Government lands Act Cap 280.These lands are vested in the president and who has, normally through the Commissioner of Lands, powers to allocate or make grants of any estates, interests or rights in or over unalienated government land. Categories of government land include forest reserves, other government reserves, alienated and unalienated government land, national parks, townships and other urban centres and open water bodies(GOK 1996). The Government Lands Act does not contain any notion of trusteeship by government of the land to her people. Indeed the government at times acts as a private owner and allocates parcels to those in its favour. d) Other Interests These include: – Reservations of other government or trust land to government ministries, departments or parastatals for their use. – Minor interest such as easements, wayleaves or temporary occupation licences. – Non formalised defacto tenure by which people, individually or in groups invade and occupy other people or government land particularly in major urban centres of Nairobi, Mombasa and Kisumu. OWNERSHIP Land has been described as ‘those parts of the earth that are capable in law of being owned and are within court jurisdiction. Generally , ownership of land includes the airspace above it and the sub soil below it (a coelo usque ad centrum; from the heaven to the centre of the earth).Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to â€Å"hold† the land Ownership is the exclusive right to use, possess, and dispose of property, subject only to the rights of persons having a superior interest and to any restrictions on the owner’s rights imposed by agreement with or by act of the third parties or by operation of law. Ownership may be; Corporeal- of material thing which may itself be a movable or an immovable Incorporeal- of something tangible e.g. copyright  Ownership involves enjoyment of a number of rights of the property. The owner can alienate some of those rights while still retaining others; e.g. an owner of land may grant a right of way or a patent owner may grant a license to manufacture the patented goods. Ownership may be held by different persons for different interests e.g. when a freehold owner grants a lease or when land is held on a trust of land for persons with interest in succession to one another. More than person can own property at the same time they maybe either joint owners with a single title to the property or owners in common each having a distinct title in the property that he can dispose of independently. A person may be either the legal and beneficial owner, or the legal ownership of property maybe separate from the beneficial ownership, which is the right to enjoy the property as when a trustee owns the legal estate in land for the benefit of another. A legally valid transaction may confer specific rights to use, posses, or deal with property without conferring ownership of it e.g. a contract may appoint a person as the owner’s agent for the sale of specified land. BRIEF HISTORY OF LAND TENURE Historically in the system of feudalism, the lords who received land directly  from the Crown were called tenants-in-chief. They doled out portions of their land to lesser tenants in exchange for services, who in turn divided it among even lesser tenants. This process—that of granting subordinate tenancies—is known as subinfeudation. In this way, all individuals except the monarch were said to hold the land â€Å"of† someone else. Historically, it was usual for there to be reciprocal duties between lord and tenant. There were different kinds of tenure to fit various kinds of duties that a tenant might owe to a lord. For instance, a military tenure might be by knight-service, requiring the tenant to supply the lord with a number of armed horsemen. The concept of tenure has since evolved into other forms, such as leases and estates. MODES OF OWNERSHIP AND TENURE Here are a great variety of modes of land ownership and tenure: Traditional land tenure. For example, most of the indigenous nations or tribes of North America had no formal notion of land ownership. When Europeans first came to North America, they sometimes simply disregarded traditional land tenure and simply seized land; more often, they accommodated traditional land tenure by recognizing it as aboriginal title. This theory formed the basis for (often unequal and often abused) treaties with indigenous peoples. Ownership of land by swearing to make productive use of it. In several developing countries as Egypt, Senegal, this method is still presently in use. In Senegal, it is mentioned as â€Å"mise en valeur des zones du terroir†and in Egypt, it is called Wadaa al-yad. Allodial title, a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True Allodial title is rare, with most property ownership in the common law world (Australia, Canada, Ireland, New Zealand, Kingdom, United) being in fee simple. Allodial title is inalienable, in that it may be conveyed, devised, gifted, or mortgaged by the owner, but it may not be distressed and restrained for collection of taxes or private debts, or condemned by the government. Feudal land tenure, a system of mutual obligations under which a royal or noble personage granted a fiefdom ,some degree of interest in the use or revenues of a given parcel of land, in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. This pattern obtained from the level of high nobility as vassals of a monarch down to lesser nobility whose only vassals were their serfs. Fee simple ; under common law, this is the most complete ownership interest one can have in real property, other than the rareAllodial title. The holder can typically freely sell or otherwise transfer that interest or use it to secure a mortgage loan. This picture of â€Å"complete ownership† is, of course, complicated by the obligation in most places to pay a property tax and by the fact that if the land is mortgaged, there will be a claim on it in the form of a lien. In modern societies, this is the most common form of land ownership. Land can also be owned by more than one party and there are various concurrent estate rules. Native title ; in Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over the same land. Life estate ; under common law, this is an interest in real property that ends at death. The holder has the use of the land for life, but typically no ability to transfer that interest or to use it to secure a mortgage loan. Fee tail ; under common law, this is hereditary, non-transferable ownership of real property. A similar concept, the legitime, exists in civil and Roman law; the legitime limits the extent to which one may disinherit an heir. Leasehold or rental ; Under both common law and civil law, land may be leased or rented by its owner to another party; a wide range of arrangements are possible, ranging from very short terms to the 99-year leases common in the United Kingdom, and allowing various degrees of freedom in the use of the property. Rights to use a common, which may include such rights as the use of a road or the right to graze one’s animals on commonly owned land. Sharecropping, under which one has use of agricultural land owned by another person in exchange for a share of the resulting crop or livestock. Easements, which allow one to make certain specific uses of land that is owned by someone else. The most classic easement is right-of-way, but it could also include (e.g. the right to run an electrical power line across someone else’s land. TITLE Definition of title a) The coincidence of all the elements that constitute the fullest legal right to control and dispose of property or a claim. b) The aggregate evidence that gives rise to a legal right of possession or control. c) The instrument, such as a deed, that constitutes this evidence. d) Something that provides a basis for or justifies a claim e) Legal right to possession of legal property Title is the set of facts upon which claim to a legal right or interest is founded, title can exist even when there is no pre-existing legal interest or right vested in a person who claims he has title. Professor Ray Goode distinguishes title and interest in this manner: A persons’ interest in an asset denotes a quantum of rights over which he/ she enjoys against others’, his title measures the strength of the interest which he enjoys in relation to others. Title to a proprietary interest can be either relative or absolute. An absolute title is one that is indefeasible in the sense that there is no-one else who can point to a better title in respect of the same object. The essence is basically that there isn’t anyone with a better title. Instances of proving absolute title: i. Simplest is through creation of something out of nothing for example an author of a book has absolute title over the said book because he wrote it and hence created something from nothing. ii. Manufacturing of something in the absence of other evidence of manufacture of the said thing being manufactured but any one other then he claiming he manufactured it for example coca-cola have absolute products over coca-cola for no one other then they have the correct formula of creating the fizzy drink. iii. Registration of such said title, gives you absolute title. This means that if one is to buy a piece of land and it is properly registered in the proper procedure then he has absolute title to the land A relative title is one that can be defeated by a person showing that he or  she has a better title to the thing It follows from the definitions’ of title that two or more persons may have independent legal interests in the same thing. For example, both a true owner of an asset and a person with mere possession with the intention to control can have absolute legal interests in the asset. This legal interest is enforceable against third parties by both the true owner and a possessor. Whilst they both have identical legal interests, they have titles that are different in nature. The true owner has a much stronger title than a mere possessor of the chattel. A true owner has an indefeasible title whereas the possessor has a mere relative title. The strength of the true owner’s title is greater because it cannot be defeated by anyone so long as the true owner has an intention to control the asset. The title of the possessor is liable to be defeated by the true owner, and thus, whilst he has a legal interest, his title is a relative one. There are different ways that one can take up a title, this are the ways: Sole Owner Taking title as sole owner means that only one person holds title. He or she is the sole owner of the property and no one else needs to be considered. Tenants In Common â€Å"Tenants in Common† means that the only thing the owners have in common is tenancy in the property. The property may have 2 or more owners and they may be related or unrelated. What is essential to note is that the percentage of each owner may be sold or willed without the permission of the other owners. For instance, if both John and Bob own a piece of property and John dies, the percentage of ownership of John goes to John’s heirs, not to Bob. Tenants in Entirety â€Å"Tenants in Entirety† is reserved for married couples only. This means that you own the property as one. If something happens to either one of you, the other person automatically keeps title to the property. Joint Tenancy â€Å"Joint Tenancy† means that each of you owns the property jointly. When you take title as Joint Tenants, you’ve agreed to the right of survivorship to the title of the property. This means that if one of you passes away, the other gets the property. It also means that one owner cannot sell or will the property without the other owner’s consent. For instance, if owner John wants to sell the property, then co-owner Bob will have to agree to that. Trust A popular trend is taking title as a trust. This means that the trust, not you, owns the property. This may protect your asset in the event of litigation Registration of title is made out by the fact that it offers cheap and expeditious insecure methods in property dealings which are in sharp contrast to the position in the unregistered system which was thought to be costly, disorganized insecure and complicated. Its principle objective is to replace the traditional and registered title method with a single established register which is state maintained and therefore conclusive and authoritative as to the details or particulars set out therein. It is precisely because of that that it is credited in eliminating wasteful burden placed on potential purchasers under the unregistered system which requires them to separately investigate titles to assure themselves that it is a good title that can pass and which is free from any hidden claims which may be adverse to their interests. Since it is state maintained and operated, the title registration system enjoys all the advantages that are unavailable under the registration of the deed system which is not very different from the unregistered system. Unlike the registration of the deed system the registration of title system has the capability of investing secure titles in all persons in whose favour such registration may be effected. It is further regarded as final authority on the correct position regarding any registered land. It is also cheap and expeditious in terms of facilitating various transactions regarding registered land. State indemnity is available for any losses that may be incurred and so it makes conveyance very simple. DOCTRINE OF ESTATES Definition What is an Estate? Black’s Law Dictionary defines an Estate as â€Å"The amount, degree, nature, and quality of a person’s interest in land or other property; esp., a real-estate interest that may become possessory, the ownership being measured in terms of duration.† These are interests projected on the plane of time so as to be able to be capable of quantification in terms of duration. An estate must be distinguished from Tenure, which is concerned with the quantity of estate. Tenure as it is basically refers to a set of conditions upon which an estate interest in land may be held. Hence, the relevant question is how much and not for how long, the latter being applicable to the estate. What is the Doctrine of Estates This is an old English rule that a person cannot own land, but can merely own an estate in it, authorizing the person to hold it for some period of time. The Doctrine Of Estates And The Rise Of The Fee Simple There are two elements to the doctrine of estates, corresponding to two ways in which estates may be classified: (1) Duration: An estate in the land is a time in the land or the land for a time so land can be split into slices of time. Illustration Simpson imagines a cake – the whole cake is the fee simple (time in land without end) but slices of cake can be taken out and passed to another; e.g. an estate for life, then get the cake back. This is a present right to present enjoyment. Case Law Walsingham Case1 (2) Time of enjoyment: Not only may the right to seisin be cut up into slices of time, but there may also be a present (alienable) right to a future enjoyment, when the person with the life estate has died. This is a present right to future enjoyment (but that right can still be transferred now to another); to get the cake back in the future. History It was formally known as the doctrine of tenure that concentrated on the quality of interests in land. It has its origin in the medieval theory in English law. After the Norman Invasion of 1066, the king acquired an ultimate ‘radical’ title to all the land in England (the government has similar title in Kenya). It followed that all subjects occupied their land on terms of grant acquired ultimately from the charity of the crown. The King determined who got the best prince for land depending on your benefit to him. (Benefits included service as Knights in his army, produce from the land, service to the Crown as well as other shows of fealty.) In such an arrangement it wasn’t clear what a tenant could say he ‘owned’ but answer was eventually found in the doctrine of estates. This doctrine gave expression to the idea that each landholder owned not land but a slice of time. Each estate comprised of time related segments- a temporal slice- of the rights and powers exercisable over the land. Types of Estates Estates are divided into two: (a) Free-hold Estates (b) Less than free-hold Estates (Lease-hold) Free-Hold Estates Definition Black defines Free-Hold Estates as â€Å"An estate in land held in fee simple, in fee tail, or for term of life; any real-property interest that is or may become possessory.† Bouvier defines free-hold estates as â€Å"An estate of freehold is an estate in lands or other real property, held by a free tenure, for the life of the tenant or that of some other person; or for some uncertain period. It is called liberum tenementum, frank tenement or freehold; it was formerly described to be such an estate as could only be created by livery of seisin, a ceremony similar to the investiture of the feudal law. But since the introduction of certain modern conveyances, by which an estate of freehold may be created without livery of seisin, this description is not sufficient.† (The term livery of seisin means simply  Ã¢â‚¬Å"transfer of possession†: livery means â€Å"delivery† and is from the Old French livrer, and seisin means â€Å"possession† and is from the Old French saisir or seisir. The concept behind livery of seisin, therefore, was the symbolic transfer of the possession of land. ) Summarily, this is an interest in land that a particular person holds and it is usually for an unlimited period of time and is passed on to his/her heirs according to the type of free-hold estate the owner had contracted into. TYPES OF FREE-HOLD ESTATES There are three types of Free-Hold Estates: (a) Fee-Simple Estate (b) Fee-Tail Estates (c) Life Estates A. Fee-Simple Estate Definition â€Å"Fee† refers to estates of inheritance while the word simple connotes possession by the heirs generally. Originally this was an estate which endured for as long as the original tenant or any of his heirs survived. ‘Heirs’ comprised any blood relations, although originally ancestors were excluded; not until the Inheritance Act 1833 could a person be the heir of one of his descendants. Thus at first a fee simple would terminate if the original tenant died without leaving any descendants or collateral blood relations (e.g. brothers or cousins), even if before his death the land had been conveyed to another tenant who was still alive. However, by 1306 it was settled that where a tenant in fee simple alienated the land, the fee simple would continue as long as there were heirs of the new tenant and so on, irrespective of any failure of the original tenant’s heirs, Thenceforward a fee simple was Virtually eternal.† 2 The estate in fee simple is the largest estate known to the law, ownership of such an estate being the nearest approach to ownership of the land itself which is consonant with the feudal principle of tenure, It is ‘the most comprehensive estate in land which the law recognises’; it is the ‘most extensive in quantum, and the most absolute in respect to the rights which it confers, of all estates known to the law’, Traditionally, the fee simple has two distinguishing features: first, the owner (‘tenant’ in fee simple) has the power to dispose of the fee simple,  either inter vivos or by Will; second, on intestacy the fee simple descends, in the absence of lineal heirs, to collateral heirs to a brother, for example, if there is no issue,†3 All fee simple estates in Kenya whether by initial grant or by conversion of long leases can be traces ultimately to the Crown Lands Ordinances of 1902, 1915 and the Government Lands Act4. Accordingly, their radical titles remain vested in the State. Accordingly, to H.W.O Okoth Ogendo5, the only practical implication of such conclusion is that where the fee simple cannot pass due to failure of issue, the estate will escheat to the State as the ultimate heir of all property rights in land. This is the effect of Section 8(A) (I) of the G.L.A6, which expressly preserves the doctrine. Types of Fee Simple Estates There are three types of fee simple estates: a) Fee Simple Absolute Definition Interests of rights are limited as against others but not as against the State. This means that ownership is exclusively enjoyed by the owner and is indefeasible by anyone other than the State b) Determinable Fee Simple Definition The Estates terminates automatically upon the occurrence of a specified event. Some of the terminologies used are â€Å"so long as†, â€Å"until† â€Å"during† â€Å"while† and others that denote duration. c) Conditional Fee Simple This has a stipulation attached to it by which the Estate may be cut short upon the occurrence of the said event. Some of the terminologies used are â€Å"but† â€Å"if† â€Å"on condition that† â€Å"provided that†. In Free-hold Estates is known as the â€Å"grantor† while the person being given the estate is known as the â€Å"grantee†. With Fee Simple Estates, there are certain terms used by the partakers of a Fee Simple Agreement such as: The person in possession, in remainder, in reversion: â€Å"In possession†: This denotes the person enjoying the property at that point in time â€Å"In Remainder† :This denotes the person waiting for his/her turn to enjoy the estate(s) â€Å"In Reversion†: This denotes the grantor who is waiting for the land to revert to him/her. B. FEE TAIL Fee here refers to a person’s hers/inheritors while â€Å"Tail† connotes that the land passes on to specific heirs based on gender, trait or other parameter as may be specified by the grantor. It is essentially an estate that is heritable only by specified descendants of the original grantee, and that endures until its current holder dies without issue. C. Life Estates pur autre vie (For the life of another) Here the estate is determined by a particular life,it could be that of the grantee or that of another individual for example the spouse. life estate (1888) A life estate for which the measuring lite – the life whose duration determines the duration of the estate – is someone’s other than the possessor’s. This is an estate, which subsists for the life of another and not of whom the property rights are/were vested. Thus if property is vested in A for the life of B, the estate will last for as long as B lives. But if B dies before A, the property reverts to B, the settler.7 The Kenyan position The foregoing classification of rights and interests in property has been imported/ into or inherited by Kenya, albeit with a few qualifications i.e. the fee tail estate is not relevant in Kenya. Accordingly we only have the fee simple estate. The fee tail estate disappeared in 1942 when the colonial government enacted the Trust of Land Act. This enactment was with one object – to abolish settlement. A settlement was a devise used in England to tie up Land within the family and accordingly, to control property. After the life estate, there is a remainder, which reverts back to the donor i.e. the fee simple. For continuity, the donor can transfer the property to another and another and eventually a tail, which however, will still have a reminder, which will revert to the donor. This situation was abolished by the Trust of Land Act8. This act defined a settlement as an attempt to create a settlement without exploiting the full estate i.e. The Fee Simple. Under the act, if a person attempts to do so, whatsoever is done will be converted  into a trust for sale. A settlement will be converted by Cap 290 into a trust. An equitable interest is an interest that lies behind a trust since it creates a settlement. A trustee can always dispose of the settlement subject to the rules of the trust. The Kenyan position is further made advent of the Absolute estate. This is purely a creature of the R.L.A9. Accordingly, the absolute estate under the R.L.A supersedes the fee simple estate existent under the ITPA. However its worth noting that under the ITPA, the fee simple estate remains to be the largest estate. We still have in Kenya, the customary estate i.e. an estate in land defined by customary law

Mr. Smith Goes to Washington

Politics can be corrupt and extremely ugly. In Mr. Smith goes to Washington, Jefferson Smith is appointed as a new member of the senate. Jefferson Smith was too idealistic and naive to be a senator in American government during this time of corruption. Mr. Smith was too naive to survive as a senator during the time the movie â€Å"Mr. Smith Goes to Washington† took place. Mr. Smith’s naivete was seen in his proposal to start a national boys camp.After this proposal during the senate, false allegations towards Smith’s motives surfaced, and he was too idealistic to defend himself against the political machine that was accusing him of self-interest. Making matters worse, Senator Smith was a genuinely honest and simple-minded man, making it difficult for him to survive with his corrupt colleagues. Mr. Smith clearly showed his lack of government and knowledge of it. Jefferson Smith was a senator and did not even know how a bill becomes a law.Smith was like a fish out of water in the senate and needed a lot of help from his assistant Saunders. Senator Smith was not well educated and clearly not the right man for the job. But some might say that he was a weak hero in manners. Jefferson had potential in the government because of his integrity, care, and honesty. These are qualities that most senators were lacking and still are. Jefferson Smith was too idealistic and naive to be successful as a senator going up against a huge political machine. Smith lacks savvy and smoothness but overcomes his trials with persistence and dedication.

Drifting Essays

Drifting Essays Drifting Essay Drifting Essay Jaffar Alsayegh WRIT 101, Section 37 Bill Wilke Paper No 1, First Draft February 1, 2013 Drifting In relation to the study of cultural and ethnic studies, subculture refers to a societal group with a unique set of shared values, beliefs, attitudes customs and even language. These common factors are purposed to unify the group which is then regarded one entity. Other factors that can form the basis of a subculture include social determinants such as ethnic background, race, race, religion, occupation or even a commonly activity. However, the term is mostly used to refer to deviant groups. One form of subculture is drifting. Drifting is a kind of motor sport where the drivers swerve their cars through over-steering such that their wheels slide from side to side as they drive at a high speed. Some people refer to it as stunt driving. With emphasis on Saudi Arabia, the following research paper discusses four main aspects of this sport, places used for drifting, models of cars used, people who practice drifting and the effects of the sport. Saudi Arabia is known as one of the countries where drifting is widely practiced. Regarded as a dangerous sport, nowhere has it been abused than in Saudi Arabia where it is a cult culture. In other countries such as the United States, drifting is classified as a sport, not merely a pastime done by reckless youths. For this reason, there are special places designated for this sport. In Saudi Arabia, the sport is mostly practiced by youth as a hobby, an act considered trendy. Much of it is done in public places such as deserted roads, deserts and beaches. The drivers pay scant attention to whether the roads they are using have other vehicles or pedestrians in sight. The lack of designed places for motor sport drifting has negative effects on the safety. As mentioned, there are countries where racetracks are put in place to accommodate this sporting activity. There are therefore strict rules governing the practicing of this sport and not anyone can indulge in it. Some of the rules governing this sport include the use of specific models of cars and an age restriction. It is mostly done by persons from eighteen years and above. In such places, people are not allowed to bring their own cars and if so, they have to adhere to other conditions. For instance, I visited a place in the United States set aside for drifting and inquired from the officer in charge whether I was allowed to go with my car and use it to drift. He responded in the affirmative but added that I would first have to follow some conditions. Some of the conditions I was given included the fact that I had to use only a sports car, which had to undergo mechanical tests to prove it, was fit for drifting. My skills were also to be put to the test. I had to provide my driver’s license and affirm that I was above eighteen years (Demachki). I think that all these conditions are put in place in order to guarantee safety when drifting and avoid possible accidents. This is the second feature of drifting in Saudi Arabia. The origin of drifting indicates that it started in Japan, and the first models of cars used were sports cars. This has remained so over the years though other people minimally use different car models. For instance, Saudi youths use old models of cars such as Cressida Grande, hummers, SUVs, Ford and Mazda. These cars are fitted with special kinds of tyres, with people always available to change the tyres when need be, for example, when they are burnt. Some of these vehicles are expensive and not necessarily owned by their youthful drivers. Of course, none of this matters to the young men whose only desire is to indulge in this reckless sport. Saudi Arabia has no clear distinction on who is allowed to practice drifting. There are people who are termed as professionals in drifting; however, no known schools or institutions that can evaluate their skills. Such persons learn the skill on their own through practice, much of which is done on the streets of Saudi Arabia. This is largely because there are no places where training of this sport can be carried out anywhere in this country. It is not clear why the Saudi government does not recognize drifting as a sport and assign places where it could be practiced. This is despite the fact that there are known people who have participated in drifting tournaments, in neighboring countries such as united Arab emirates, kingdom of Bahrain, Kuwait, Oman and Qatar. Even with the challenges, they are facing in their home country these people managed to win the tournaments and bring glory upon their country. Additionally, all the competitions they took part in were at the level of Gulf States and the larger Middle East. In my interviews with some of the people that practice drifting, I encountered Mohammed Al-Hariri who is a professional at the sport. He said he had been practicing the sport since he was seventeen years, with his skills improving especially after taking part in the Gulf States contest, in the United Arab Emirates. As a team, they had asked the Saudi government to allow them to drift legally in the country and adopt it as a national sport, but they did not receive any interested response from the relevant authorities (Al-Hariri). As mentioned above, the Saudi people do not care about the places in which they practice drifting; they do it anywhere, even inside neighborhoods. In fact, most of the people in Saudi Arabia are totally against drifting because of danger, noise, and smoking of the tires. Furthermore, many families have lost their sons because of drifting. Personally, I do not have any interest towards drifting. In short, I have never practiced drifting, and I do not like to watch it, as most people who like to line up along roadsides to experience the thrill of the sport. One day I had gone with my friends to watch drifting in my town because I was curious to know the reason behind people’s strong fanatism of drifting. I also needed to establish why I had revulsion towards it. At that time, I was almost drawn to it while watching because I thought the show was amazing and I loved how the professional drivers managed to move the car easily. However, this was short-lived as I developed hatred for the sport, more than what existed before. This was immediately after I lost my closest friend to drifting. On that fateful day, he was watching one of the shows, when suddenly one of the drivers lost his control of the car and veered off the road. One of the casualties of the fatal accident was my friend, who succumbed to his injuries. Seventy-eight percent of the deaths in Saudi Arabia affect the youth who die because of reckless driving and through drifting. Unbelievably this number of deaths is much higher than those caused by war and terrorist attacks. According to a documented video, statistics reveal that in 2009, 4,644 people died in Iraq because of terrorist attacks while 6,485 died from car accidents in Saudi Arabia (Street terrorism). Mathematically, in one year, calculations indicate that eighteen persons died each day with one dying every eighty minutes. All these are victims of car accidents for which drifting accounts for seventy percent. My personal belief is that these figures are going to rise over the next few years especially because of the government’s unwillingness to recognize drifting as a legal sport and create distinct areas where the sport will be practiced. According to the Saudi organization of accidents, they received 265 casualty cases arising from accidents in one day from one city on Eid al Fitr the year 2012 (Alsayegh). Conclusively, I am of the opinion that everyone has a hobby they pursue. Most of these hobbies provide fun and entertainment, but some can be dangerous such as drifting. In order to prevent calamities resulting from this sport, the Saudi government should come up with stringent measures that ensure safety of its citizens especially the youth. Having designated areas for practicing it can be a start and restricting unsupervised drifting. I recommend that people eager to engage in this dangerous sport should always exercise caution, more so by avoiding public places References â€Å"Street Terrorism.† You Tube. You Tube, 15 May 2010. Web. 24 January. 2013. Demachki, Sam. Personal interview. 23 December, 2012. Alanaki, Mansoor. Personal interview. 25 January, 2013. Al-Hariri, Mohammed. Personal interview. 28 January, 2013. Alsayegh, Salman. Personal interview. 29 January, 2013.

Beowolf essays

Beowolf essays Beowolf is the oldest piece of British literature, and has survived for over thirteen hundred years. Scops passed this epic for two hundred years until it was finally written down by a Christian monk in 700 A. D.. The hero Beowulf continually demonstrates bravery throughout this cartoonistic tale which eventually leads to foolhardiness, a characteristic of the human condition that is still valid This epic is a traditional good vs. evil story. Beowolf battles three monsters throughout the story. The first two he does for the good of the people. His army thanks God when things go their way and throughout the story there are references to both Christian and Pagan beliefs, which gives it universal appeal. During his battle with Grendal, his mail shirt has supernatural powers, like the power of God. Grendals ferocious claws cannot touch Beowulf due to his powerful mail shirt. When he battles Grendals mother, he is given the sword of God. This sword is so powerful that it is able to cut off Grendals head. Then Beowulf single-handedly carries his head back to the people, a head that reportedly would need four normally strong men. Beowolf has a third heroic attempt at killing another bothersome monster. However, during his fifty years as king he has grown somewhat egocentric. Instead of trying to kill the monster for the good of his people, he does is because he knows he can and to prove himself, yet again. He even goes as far as telling his army not to help him, that this is a job for one man only; him. During this fight, he is not aided by God and it leads to his demise. The monster dragon dies but not before ripping Beowulfs throat. This story has survived hundreds of years for many reasons. It has a cartoonistic quality to it due to the detailed scenes of blood and guts which gives it a humorous quality. It was ...

Bitcoin and Cryptocurrency

Bitcoin and Cryptocurrency Bitcoin and Cryptocurrency Bitcoin and cryptocurrencies are the new buzzword today, almost everywhere people are talking about bitcoins, especially with the examples that someone has made millions in just one or two years by smartly investing in bitcoins. It definitely creates curiosity to others if it is right or legal to invest in bitcoins or is it just a bubble? With the market cap of more than $270 billion, the bitcoin gained momentum when its price touched whopping $16,500 last year. It’s not a new concept in fact, Bitcoin has existed since 2009 and was traded at a very low value initially, its growth was also linear for few years but then it picked up an exponential growth. It has been trading around $500 in year 2015 and touched $1000 by 2016 and then it broke all the records in year 2017 when a single bitcoin is valued at $6500. its quite fluctuating in beginning of this year and its current price could be around $14000. Interestingly, if you had invested just $100 in Bitcoin in 2009, you would now be richer to the tune of  £3,67 million. Bitcoin is not the only digital currency, there are other alternatives like Ethereum, Ripple, Dash, Litecoin, and NEO. So let’s understand the basic of Bitcoin. It’s a digital currency build on top of the block chain technology, It’s also known as virtual currency or cryptocurrency. Its virtual so yu can’t print, touch, feel, or store it. Technically, Its just a sequence of (0s and 1s) stored in some remote computers around the world. Bitcoin works over blockchain technology, Blockchain is considered one of the most safe technology to store data in a distributed manner. It createa, store, and manage digital transactions that are public, secure, and distributed. Bitcoin was first introduced in 2009 by an unknown individual or a group named Satoshi Nakamoto. It was an interesting way to pay for transactions without a third-party like a bank. It handles peer to peer transactions without any middlemen. There are no transaction fees and both parties are anonymous. Just like an email address, you create a bitcoin wallet account and then that address becomes your identity to be used for every transaction. Some experts predict that Bitcoin or Cryptocurrency is the future of money and it will eventually replace all other currencies in future. Today, many tech-savvy online retailers accept bitcoins. You can order services like Web hosting, buy merchandise, and even a coffee. Many online ecommerce portals accept bitcoins along with other cryptocurrency options like LiteCoin, and Dogecoin. Some known businesses which accept bitcoins include Virgin Galactic, Overstock.com, TigerDirect, Dish Network, Expedia, Newegg, Directnic, Microsoft, Zynga, Starbucks, and Subway. You might be thinking; why do I need bitcoins If I can buy everything using my credit card? Bitcoin is a new form of currency and enjoying an exponential growth, Some people believe that the value of bitcoins will keep on growing over time because more and more people and businesses will start using it. People buy bitcoins as an investment vehicle. As a matter of fact, the value of 1 bitcoin has increased from $500 to $16,000 in one year. Its always anonymous transaction when you do it through Bitcoins, Nobody would ever get to know about such transactions and the owner of the money. which lures lots of criminals to use bitcoins for their payments and transactions. There are several cryptocurrency marketplaces (online websites or apps) called cryptocurrency exchanges that allow people to buy or sell bitcoins using different currencies. You can buy bitcoins using your local currency and start buying and selling bitcoins like any stock trade. When you open an account, you get a digital address and that address is your identity to buy, sell, or pay in bitcoins. You can find some popular cryptocurrency exchanges like ,Coinone, Bitthumb, Bitfinex, Quoine, Bittrex, HitBTC, Poloniex, Kraken etc. Bitcoins are managed through your online accounts quite similar to your online bank account,. It is called a digital wallet. You can buy or sell bitcoins through your digital wallets. Bitcoin is a virtual currency and has no tangible value. You can’nt hide it like the real cash with the hope to use it in difficult times. Not everybody accept the bitcoins.. Bitcoin value fluctuates a lot. Even though the value of bitcoin is going higher, it doesn’t mean it will not go down. There may be a day, when bitcoin can go down 50% in just matter of hours. Some experts have even predicted that Bitcoin is a bubble. Because bitcoins are stored in digital wallets , more and more hackers will target bitcoins as the value grows. there have been many hacks into these wallets and bitcoins have been stolen. Bitcoin is not owned by a country, group, or person. Bitcoin is owned by users of bitcoin. Initially, new bitcoins have to be mined and the miners get some bitcoins, those later can be sold to other people. Bitcoin mining is also a interesting concept. There is a limit on total number of bitcoins, which can be produced. there are only 21 million Bitcoins that can be mined in total. Out of which 16 million bitcoins are already mined. The successful miner finding the new block is rewarded with newly created bitcoins and transaction fees. By last year, the reward amounted to 12.5 newly created bitcoins per block added to the blockchain. To miner can claim the reward through a special transaction called a coinbase. All bitcoins in existence have been created in such coinbase transactions. Bitcoin mining is the process of adding transaction records to Bitcoins public ledger of past transactions or blockchain. This ledger of past transactions is called the block chain as it is a chain of blocks. The block chain serves to confirm transactions to the rest of the network as having taken place. Bitcoin nodes use the block chain to distinguish legitimate Bitcoin transactions from attempts to re-spend coins that have already been spent elsewhere. Today, many large institutions and crypto leaders have invested heavily in Bitcoin. As a matter of fact, 4% of people own 96% of bitcoins. Bitcoin is not regulated or backed by any country or government. It is private peer-to-peer transaction. All parties in bitcoin transactions are anonymous. Bitcoin is not illegal but it has been regulated in some countries. Now, then Most people buying bitcoins for investment purposes are assuming the value of bitcoin will continue to grow. Some people use bitcoins to buy and sell products and services to hide their identity.

The overcoat Essay Example | Topics and Well Written Essays - 500 words

The overcoat - Essay Example In reply to their witty statements, Akaky calmly retorts, â€Å"Leave me alone! Why do you insult me?† (Gogol, 2006, p. 5). Akaky maintains a very intimate relationship with his work as a civil servant. He keeps immersed in work all the time. He remains so busy in copying all the time, that everything else is non-existent for him in his life. He lives an empty life and cares only for work. He does not even take care of his personal hygiene. Prior to obtaining the overcoat, Akaky maintains an introverted image. He is essentially a person with no hope for materialistic success or socialization. Soon after he obtains the overcoat, his colleagues take notice of that and make compliments on the overcoat. This raises the self esteem of Akaky manifolds and changes his social life drastically. The overcoat lends Akaky a new identity that he can proudly carry in the social circle. This improves his relationship with peers and he becomes optimistic about his career and future. Therefore , buying a new overcoat turned out to be an extremely fateful decision for Akaky. Upon having his overcoat lost, Akaky approach a Very Important Person upon the advice of a fellow clerk that works in his department. In the story, The Most Important Person represents the people in power. Accordingly, his attitude is the portrayal of the way a common man is treated by those in power in the society.

Is it Morally Acceptable to Illegally Download a Hollywood Movie Essay

Is it Morally Acceptable to Illegally Download a Hollywood Movie - Essay Example Most of the information found on the internet is copyrighted. Therefore it is illegal to share information without the permission of the owner. The violation of this law has often been associated with the internet users who often download and share copyrighted information without the owner’s knowledge. Internet users are supposed to pay for the use of online books, music, movies, software and many forms of intellectual properties.   Most copyright owners are supposed to restrict the use of their work to avoid the sharing of their work without their permission. With the presence of such online information, internet users often worry about the imposed rules concerning copyright. Restrictions may hinder the evolution of technology. One such online threat is piracy, which is defined by Hunnewell as â€Å"the illegal duplication and distribution of sound recordings†.Commercial pirates use the Internet to transfer movie files from one country to another for download and sub sequent duplication and counterfeits in other markets. As Waterman wonders, â€Å"no one can be certain whether Hollywood’s worst case scenario of movie revenue decimal due to p2p file sharing will materialize† (2009, p. 261).   It is a fact that the markets for Hollywood movies do not only belong to the English speaking people but also many others natives across the world America, a copyright’s aim is included in the constitution. It is meant to promote the progress of science.

Corporate law Essay Example | Topics and Well Written Essays - 1250 words

Corporate law - Essay Example Sarah, who bought a hotel from Nigel, later realized that the physical condition of the building, housing the hotel, was not in perfect condition as she had been led to believe, by her architect friend, is putting Nigel the proprietor of Colchester Suppliers through litigation. The financial performance of the hotel was also not, in accordance with what the hotel’s accountant had projected to her. Upon the revelation of these discrepancies, Sarah suffered a nervous breakdown, which she squarely blames on Nigel and is suing for responsibility. Sarah’s case against Nigel is a typical case of obligatory law, which integrates personal duty into the law governing such transactions between individuals and corporations. Nigel is not responsible for any wrongdoing, on his part because on the part of the financial performance of the hotel, the accountant made it clear to Sarah that the information presented was without responsibility, on his part, as the accountant. The fact tha t the accountant provided this information, when giving Sarah financial information pertaining to the hotel, shows that Sarah had an obligation to seek an alternative and independent opinion about the hotel’s accounts. This would have helped her make a better judgement of the hotel’s financial position and decide if it was worth her attention. She should not lay blame on Nigel, as the owner of the hotel, because it should have been that the account’s opinion would be bias, in favour of the hotel he or she has been catering for. The accountant’s actions could be partly due to the desire to portray the hotel in a positive light for retaining their position as employees in the event of a transfer of ownership. This transfers part of the blame to the accountant who should be held liable for their actions because the law under the obligations rule subjects them to the duty of telling the truth on facts and knowledge they are privy to (Golding & Edmundson, 2008 p148). Under corporate law, obligation to conform to social rules like telling the truth requires that a sanction be carried out against the accountant because of his/her actions. Obligations of this nature, under the law, make it a duty for someone to conform to some social rules that govern practices in businesses. These obligations are subject to a sovereign authority to obey where the command requires the conveyance of a will and awareness of the attached risk involved in suffering a sanction for non-compliance (Dimond, 2009 p180). Nigel, on his part, did not refuse to divulge information concerning the financial position of the hotel or opinion because Sarah never asked for it. If he had given his opinion, it can be held that he lied about the financial state of the hotel so He should be exonerated of any blame in matters relating to the finances of the hotel. However, at the same, it makes it his duty to ensure that his employee observed the appropriate moral conduct of confo rming to social rules because the accountant was in his employ. His failure to make it his duty and obligation casts some responsibility to him for his accountant’s actions. The obligation law casts more negligence on the buyer and the accountant because they did not do what was meant to be their duty under the law (Davies, 2011 p 318). Sarah consulted her architect friend, Liz, to assess the building the hotel was housed in, and this shows that she