Thats Life in the Big City Essay Example for Free

Thats Life in the Big City Essay An implied warranty of habitability is a warranty set forth by law in respect to all residential leases in a way to ensure that the premises are fit and conducive for human habitation. In addition the warranty is aimed at ensuring that the condition of the premise remains fit and habitable throughout the duration of the lease. The landlord- tenant law in regard to warranty of habitability is very useful because it imposes certain duties that are supposed to be adhered to by the two parties. Such obligations on the part of the landlord include maintenance of the premises in habitable conditions such as providing adequate weather proofing, available heat, water, electricity, and clean sanitary condition (Bright Gilbert, 1995). If these conditions are not met the tenant can seek for legal intervention justification as defined by the tenant defensive act. Even though there are no definite rules regarding to how the landlord was supposed to carry out the maintenance, the landlord should have been responsible for repair of any defects in the rental unit and comply with state and local building health regulations. Being a residential lease between a landlord and a tenant the landlord should have ensured that the he leased property is fit to live in. This means that the leased property should be safe and sanitary for other human being and also to the people who are leaving in that premise. The conditions that violate the implied warranty of habitability vary depending on the nature of the violation and the cause of the violation. In this case, the landlord had violated the implied warranty of habitability by failing to provide timely repair on faulty air conditioning and heating system. As required by the law, when a tenant identifies existence of uninhabitable conditions he is supposed to notify the landlord in time an act which Bill and Ted did. However, the problem comes in the part failure of the landlord to carry out these repairs in time. Therefore it was unreasonable for the landlord to take more than one month to repair the defect. In this case, the landlord did not put into consideration the uninhabitable conditions a factor which could have necessitated for specific actions to be taken by the tenants. For example the tenants can decide to move out and terminate the lease or repair and deduct the cost incurred in the process of repairing the inhabitable conditions from their rent (Koster, 2006). The tenant can also decide to sue for the damages or either sues to force the landlord make the repairs. Therefore landlords should consider the importance of the warranty of habitability and its application to its property. Since Bill and Ted have rented an apartment and they have paid the landlord a security deposit, the landlord should take up any issues responding to the property management and ensure that Bill and Ted are living well under his property. Any issue that arises as a result of the property management should be regarded considered with urgency and possible measures be carried out. In this case, the landlord does not play his role in property management and he fails to take any meaningful measures or either look upon complains of these tenants in time. Since Bill and Ted had notified the landlord and the superintendent had assured them of a timely repair, they had every reason to believe his word. However, the repair took more than necessary time. The landlord should have compensated them for the disturbances the incurred when they moved out yet they had paid for the apartment. The landlord portrays neglect on his part since he knew that the weather was worsening yet he failed to provide fans for them. In essence the landlord never responded to their request. This is seen when the temperatures fell and the water boiler broke down as well as the pipes froze and the two were left without water. Therefore, according to the warranty of habitability, the rental property is supposed to be safe on the dwelling for human beings. In such a case Bill and Ted should file for a breach of implied warranty of habitability. In case of the uninhabitable conditions such as the one that Bill and Ted faced, after the landlord has been notified immediately about the uninhabitable condition, it is the responsibility of the landlord to respond by making changes within the next thirty days or within a reasonable time given to him depending on the nature of defect. As for Ted and Bill, if the landlord does not respond to the changes of the uninhabitable conditions then they are allowed to move out and terminate the lease. This is because the landlord is unable to make the repairs within a reasonable time. They have a liberty of deciding to move out and terminate the lease. They are also allowed to repair and deduct there repair cost from the next months rent but they should consider on the amount it would cost (Nandorf Nassif, 2008). This is possible especially when the damaged property would not cost much to repair compared to the house rent. Therefore, before the tenant repairs the damages considering the value and the cost of repairing s very important, the tents might also decide to move out the house and terminate the lease. In either case the tenants may also decide to sue the landlord for the damages from the date of the landlord’s acknowledged of the poor condition. They can also decide to sue and force the landlord to make repairs through a court order which would force the landlord to make the repairs. Even though the court is capable of utilizing this option, it is an expensive task because it requires court supervision to ensure the repairs are carried out. The implied warranty of habitability cannot be waived and since the landlord was notified about the extent of the uninhabitable condition on the rented house and no action were taken immediately. Therefore, Bill and Ted should take immediate actions on the landlord’s inactivity. A legal action against the landlord is one of the remedial actions that the tenants should which would see him compelled by the court to repair the damages that have occurred. In summary, Bill and Ted may decide to sue for the damages incurred since the day that the landlord was notified about the breach of warranty of habitability. This is on the basis that the inhabitable condition reduces the value and comfort of the rented premises on fair market rental values. Since the landlord has not responded to the issues regarding the damages from the tenants, the tenants may also consider repairing and deducting the cost from the next month’s rent.This is one of the easiest methods because the landlord had overlooked the duty of repairing the damaged property. References Bright, S and Gilbert, G. (1995). Landlord and Tenant Law: The nature of Tenancies. Oxford: Clarendron press Koster, K. (2006). The Landlord- Tenant Law: General obligations of Landlords and Tenants. Retrieved on 9 July 2010 from http://ago. mo. gov/publications/landlordtenant. htm Nondorf, K and Nassif, T (2008). Tenant Remedies. Retrieved on 9 July 2010 from http://images. jw. com/com/publications/963. pdf

Downfall of Puritan Society :: essays research papers

Puritanism was the foundation of seventeenth century New England society. Religion played a key role in all aspects of settler’s lives and was the main factor in law-making. Puritan New England was ruled by theocracy where most of the power was held by full male church members. The settlers were expected to follow an austere Puritan lifestyle and live by its strict moral code. It was a hierarchical society wherein the most successful, well-know people received special privileges and held the most power. The Puritan society of New England was very conventional in its practices. Although women were seen as spiritual equals to men, they did not hold the power in the church. Once women were married they were expected to stay at home and care for their families. Married women were taught to obey their husbands as their husbands obeyed God. Puritans devoted every Sunday entirely to church and scorned their neighbors who did not attend services. They believed that their fate was predestined and one’s success in life is an implication of God’s feelings towards him or her. Seventeenth century New England towns were divided between residential property, which was in the center of each town, land used for farming located in the outskirts of the towns, and commons which were shared among the community. Wealthier and more socially important townspeople had the best property. Each town had a church and a school. The main source of economic wealth for the New Englanders was agriculture. If one came across success in their job, he would like upon as saved by God. The Puritans practiced theocracy. The church was extremely interconnected with political affairs.

Positivist Theory †Crime Essay

Positivism is a theory of knowledge which states that science is based upon theories that have been derived solely upon empirical evidence. The positivist theory approach to crime consists of three major features which include biological, psychological and social positivism. Biological: The biological component of positivism seeks to examine data from sources such as twin studies, family studies, genetic patterns and biochemical aspects in an attempt to conjure an explanation for a particular behaviour. Biological positivists generally look for biological causes generally in genetic inheritance. Psychological: The psychological component of positivism also seeks to observe biological factors but also adds behavioural factors such as child rearing practices and brain abnormalities that cause identifiable behaviour outcomes. Those who are extroverts are easy to condition and easy to de-condition those who are introverts are difficult to condition and also difficult to de-condition. Psychological positivism emphasized counselling and improving the lot of potential criminals. Social: Sociological positivism claims that societal factors such as poverty, membership of subcultures, or low levels of education can influence people to conduct criminal behaviour. Adolphe Quetelet made use of empirical evidence such as data and statistical analysis to investigate the relationship between crime and sociological factors. It was found that age, gender, poverty, education, and alcohol consumption were important factors related to crime. This is the theoretical aspect of this unit. Criminal theory is the study of criminal behaviour and is often known as the study of criminality or of law breaking behaviour. Some criminal theories take a psychological approach, some a biological approach other emphasise the sociological aspects of criminality and of course many emphasise all – taking a multi-disciplinary approach an approach that is often clumsily referred to as a psycho/bio/social approach. All of these orientations aim fundamentally to understand criminal behaviour – its nature, its causes, and ways of dealing with it. This will include the incidence of crime, crime in adults, youth and children, gender differences, differences in types of crime e.g. crimes relating to property and violent crime. A relatively new area of study is  referred to as ‘Victimology’ the study of the effect of crime upon those who are the victims or criminal behaviour. In the notes to follow we will discuss a nu mber of criminal theories. Basically we will try to cover the basic approaches and illustrate the differences. This will not be an exhaustive description of all criminal theory and students may wish to study other approaches not covered here. We will look at Classical Criminal Theory and is updated version known as Neoclassical Theory. We will also look at what are referred to as the more scientific approaches known collectively (and probably in the strict meaning of that term erroneously) as Positivism many of which have biological or genetic components. Other approaches have a more sociological character while others examine the phenomenon of rational choice that is a modern offshoot of the classical/neoclassical tradition. Some of the readings will give you some historical introduction to criminal theory – the introductory reading by Henry and Einstadter is useful as is the reading by Beirne. The biological perspectives is overviewed in the reading by Fishbein. Other readings examine mental illness a nd crime and female criminality. Module 2 Penal Theory and Practice This is the practical side of this unit. Here we examine strategies for dealing with criminal behaviour – this covers strategies for punishment, correction, rehabilitation and preventative strategies. All of these are controversial and are the subject of much debate. All relates to issues about what we should do about crime as a society – what to do to those who commit crime, how to prevent it. Historically and amongst different societies there have been different answers. Some form of punishment or retribution is nearly always the case but the form it takes and on what crimes it is visited varies. Punishment may take the form of social and personal deprivation (locked away from the community in an institution (a gaol are correctional institution) the infliction of pain (corporal punishment) or the death sentence (capital punishment). The choice of these options depends on what a society views as the seriousness of the crime, the level of responsibility of the person committing the crime and sometimes the gender and age of the offender – and at times the damage to the community and the victim/s. In the second module we wil also discuss the implications of imprisonment (incarceration) for certain disadvantaged groups. This will  obviously include indigenous groups (now known as Aboriginals and Torres Straight Islanders) who are very much over-represented in the criminal justice system and in jails. The special issues relating to women and children in jails will also be discussed. Also we need to look at issues of those who are incarcerated who have a mental illness, an intellectual disability and those with drug and alcohol overuse problems. The Jail environment is a microcosm of the everyday problems in the community and all the probems we see in the community are there in the jails many times exagerrated . Finally the way a society deals with crime also depends on what it considers to be the nature of the criminal personality or the nature of criminality as such. Criminals are variously seen as mentally ill (mad), evil (bad) or more recently nowadays in the popular media inexplicably intelligent and fundamentally evil (terrorism and serial killing).

Causes And Effect Of The Debt Crisis Essay - 1297 Words

What is the European Debt Crisis? The European Debt Crisis is the failure of the Euro, a currency that ties seventeen European countries together. In this paper, I will be describing the cause and effect of the debt crisis along with what would happen if the European Union stayed with the economy they have. Then what I believe is the best solution to fixing the debt crisis. Causes †¢ Formation of European Union †¢ Adoption of the Euro †¢ Increasing Debts †¢ Large Amounts of Borrowing †¢ High Interest Rates †¢ Large Government spending †¢ High Taxes †¢ Paying Debts with Barrowed Money †¢ Monetary Inflexibility †¢ Greece on the brink of defaulting There are many causes for the debt crisis to start. Before world war II Europe had very strict trade barriers between countries examples being currency exchange fees and trade tariffs. Then World War II happened and was so detrimental to Europe they couldn’t continue to have such strict trade barriers. 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