Best Essay Services

  • Refund Policy
  • Revision Policy
  • My Account
  • Home
  • About Us
  • ORDER NOW
  • Sample Papers
  • Contact Us
  • Writing Resources

We Write Student Assignments and Successfully Score High Grades!

Your assignment is in good hands if the writer assigned to work on it is well trained, and with over 3-7 years experience. Submit your instructions now via the Order Button below to get your paper written. We cover over 100+ disciplines; frequently requested being: Essays, Research papers, term papers, thesis/dissertations, reports, projects, among others.

PLACE YOUR ORDER

Boost Your Grades With BestEssayServices.com Writing Team

Do you feel like you have no spare time to rest or attend to your family needs because of homework assignments? Simply contact us! We are available 24/7 to assist you with your homework so that you can have some time off school work.

Can You Write My Paper?

Yes we do! and we understand the anxiety you have when you have to trust another person to complete your paper. Trust us, we will not disappoint! Order your paper with us now..

Timely Delivery

ALL SUBJECTS COVERED: We have over 100+ disciplines covered by our writers. No matter the complexity of your paper, there is a professional writer willing to help.

24/7 Customer Help

EXPERT ASSISTANCE: We have a database of expert writers, who have been with us for over 3-7 years. The quality of your paper is definitely guaranteed.

Affordable Pricing

100% ANONYMITY: While seeking academic writing help, you must be assured of your privacy and confidentiality. We respect your decision to seek for our services.

Saturday, 05 September 2020 / Published in Essay writing help

Sample Business Studies Essay Paper on Business Law

Business Law

This paper entails a case study analysis on a number of issues encountered by Martin with regard to property ownership and transfer. The analysis is based on business law.

Analysis

Joint tenancy with right of survivorship

In the first case, Martin co-owned the property with his friends, Peter, John and Thomas. The joint ownership ceases to exist if all the joint owners die and only one of them is left. In such an occurrence the joint ownership becomes a sole ownership to the surviving party without probate (Sickler, 1999). However, prior to his death, Peter had transferred his interest in the property to his son Andrew.  Consequently, Andrew became a joint owner to the property. As a part owner of the property, Andrew took a bank loan on the basis of his interest in the property as the collateral. Andrew’s default to pay the loan prompted the bank to commence default proceedings.

Considering the fact that joint ownership with right of survivorship in the property prevailed, the bank did not have the right to commence the foreclosure proceedings. This arises from the fact that Martin was not a debtor. This aspect is supported by Thal and Quintero (2010) who accentuate that ‘if the title involves joint tenancy with the right of survivorship, creditors cannot satisfy their claims out of the real estate unless both owners are debtors’ (p.413). Joint ownership with right of proceeding can be terminated by foreclosure sales proceeding or incidence of bankruptcy (Bellairs, 2002). Nevertheless, in this case, the property was characterised by undivided interest between Martin and Andrew.  This arises from the fact that Martin had not appended his signature agreeing to the property being collateral for Andrew’s loan bars the bank from claiming the defaulted loan on the property. Therefore, Martin has a legal right to block the bank’s intention to sell the property in order to recover the loan.

Adverse possession and bailment

The fact that none of the co-owners to the mountain property had visited the property for a period of 20 years made the property vulnerable to grabbers. In this case, Otis had lived in the property openly and notoriously for two decades.  On the basis of this aspect, Otis claimed that the property was his. In law, Otis had a legal right to claim ownership to the property under the principle of adverse possession. The doctrine states that the occupier of a particular land acquires the title to the property even without compensation to or consent from the true owner if the said occupier has lived in the property for considerable time period (Bouckaert & Depoorter, 2000).  In addition to the adverse possession, Otis may claim the property under the concept of involuntary bailment, which states that bailment is established if a bailee finds a lost or mislaid property even without the consent of the owner (Miller & Jentz, 2010).

To claim the property under the adverse possession doctrine, Otis must prove that he had held the property exclusively, notoriously, continuously and openly and for the period stipulated by law. All these conditions must be met in order for Otis to claim ownership to the property. However, if Otis does not meet the above conditions, then Martin has the right to claim the property from the unauthorised owner. In addition to the above aspects, Otis must prove to have undertaken physical improvement on the property. If no physical improvements have been undertaken on the land, Otis cannot claim the land (Banthia and Company Advocates, 2015)

Eminent domain

With reference to the coastal property, Martin’s would lose the property because of the government’s intention to establish a beach resort that was aimed at providing the local community jobs hence improving their living standards. In this case, the US government had the legal ground to take the land adjacent to Martin’s property under the eminent domain right (Miller & Jentz, 2010).  This arises from the fact that the land would be used for public use such as establishing utilities to be used by the local community as opposed to private use. This right postulates that ‘government has an ultimate right in all land in the United States’ (p. 573).   The case of Kelo v. City of New London underlines the government’s legal right to take a property for a specific economic development (Yellin, 2011). However, in the process of taking the land, the US government must ensure that it acts in accordance with the constitution and the applicable state law.

Considering the fact that the property would be used for public use for the economic benefit of the community, Martin would lose if he decides to stop the government from taking the property. The government can commence condemnation proceeding through the judicial system, which determines the fair value of the land. In most cases, the fair value determined by the court is close or equal to the prevailing market value (Clauretie, Kuhn & Schwer, 2004). If Martin beliefs that the government has undervalued the property, he may commence a litigation against the government, which might be costly. Considering the litigation cost and delays associated by such litigations, the government may overvalue the property above the market value, which means that the property might be sold to the government for a higher amount. In this case, Martin would have benefited greatly. According to Ezekiel 46: 18, the bible states that the prince should not take the inheritance of the citizens hence throwing out of the property. On the contrary, government has a right to preserve the citizen’s property. This means that biblically, the government does not have eminent domain. Nevertheless, Martin has a duty to obey Godly ordained sovereign authority such as the government as stated in the book of Mathew 22: 21 (Doe, 2013).

Good Faith Purchasers for Value

In the third fourth incident, Martin lost his 1966 Pontiac GTO to Benjamin who stole it and sold it to another party. Despite the fact that Martin found his GTO, the new owner refused to return the product unless Martin pays $ 5,600 the price that the new owner had paid to acquire the GTO. In this case, the new owner was a good faith purchaser and acted without the knowledge on whether the property was stolen (Balganesh, 2016). Under common law, the new owner is adequately protected and has the right to transfer the property to another arty at a price. Therefore, Martin had no legal power against the new owner considering the fact that the GTO was not registered as an intellectual property (Gilmore, 1963).

Conclusion

The analysis shows that property owners are adequately protected by law. Moreover, the analysis further underlines the importance of property owners developing adequate knowledge regarding property ownership and how property can be successfully transferred to another party with or without the owner’s consent.

References

Balganesh, S. (2016). ‘Copyright and good faith purchasers’, California Law Review, 104 (2),

            2-58.

Banthia and Company Advocates. (2015). ‘Theme; property law’, Journal of Property Law, 1

            (7).

Bellairs, H. (2002). Modern real estate practices in Pennsylvania. Chicago, IL: Dearborn

            Real Estate.

Bouckaert, B., & Depoorter, B. (2000). Adverse possession; title systems. Retrieved from

            <http://encyclo.findlaw.com/1200book.pdf >

Clauretie, T., Kuhn, W., & Schwer, R. (2004). ‘Residential properties taken under eminent

            domain; do government appraisers track market values’, JFER, 26 (3).

Doe, N. (2013). Christian law; contemporary principles. London: Cambridge University

            Press.

Gilmore, G. (1963). ‘The commercial doctrine of good faith purchase’, The Yale Law

            Journal, 63 (8), 1058-1070. 

Miller, R., & Jentz, G. (2010). Fundamentals of business law; excerpted cases. Mason, OH:

            South-Western Cengage Learning.

Sickler, S. (1999). ‘Use joint tenancy only with extreme caution’, Marquatte Elder Advisor, 1

            (2), pp. 35-40.

Thal, L., & Quintero, S. (2010). Business aspects of optometry. Maryland Heights, Mo.:

            Butterworth-Heinemann Elsevier. 

Yellin, D. (2011). ‘Masters of their own eminent domain; the case for a reliance interest

associated with economic development taking’,  The Georgetown Law Journal, 99 (23), 651-676.

Why are we trusted by Thousands of Students?

We are a flexible writing service provider. Your assignment is assigned to a writer based on his/her expertise and experience. We have put in place measures that ensure that you will never receive a plagiarized paper. As a student, you are also looking for a service provider which is affordable; we therefore have ensured that our prices are affordable and have provided a provision for various discounts.

Do you like the Quality of this sample? Click on the button below to ORDER a non-plagirized paper now

Do you have an assignment on a similar topic?

Do you have an assignment on a similar topic?

Is this your first time visit to our website? Are you writing an assignment on the topic you just read? We would be glad to offer our professional assistance by writing your assignment for you. The writing style will be so academic that you will think you wrote it yourself. You do not have to struggle anymore when we have writers online right now willing to take up your project. Get Homework Help Now!

PLACE YOUR ORDER NOW

Why we guarantee excellent results

Thank guys! I had never handled such a topic before. It was my first assignment in college studies and could not figure out how to hammer it on my own, but your writer did it perfectly

- Submitted 22 Minutes Ago

I expected perfection in terms of grammar and I am happy. Lecturer is always on our head but was pleased with my paper. Once again, thanks a lot, more papers and friends with you.

- Submitted 40 Minutes Ago

Thanks for the good work to save my studies. Will keep in touch with more assignments and refer my whole class to your team. The last 3 papers got me clean straight As, thank you.

- Submitted 3 Hours Ago

TI appreciate help on the assignment. It was hard for me but am good to go now; I needed someone to take up my assignment as I was overwhelmed by my family for the last one month.

- Submitted 12 Hours Ago

Just wanna say thanks for attending to my assignment guyz. Looking for the very best because it looks perfect, will be back with more assignments; and will definitely refer my friends.

- Submitted 2 Days Ago

❮ ❯

Why Getting Homework Help Is A Good Idea For You!

Someone might question the idea of getting homework help, but what if you have reasons why you must get assistance in writing your papers. Apart from homework, you have other important things to do in life. Like a family to take care of, children that need to be attended to, business trips that you have to make and sometimes-family sickness. Would you not attend to these first before writing your essay? This is why we come in handy as the best essay services for all your homework papers.

Best Essay Services writing team understands that your need for paper writing service is not necessarily out of being lazy! Sometimes you need guidance in coming up with an outline, selecting the topic, analyzing data, writing a rough draft, carrying out research, among others. So, do not be anxious about asking for assistance with your homework. Our team of writers will be glad to write your paper, according to your specified instructions, and deliver it within your deadline. Place your order today!

We have a great team of homework writers chosen meticulously by our experienced editorial team. The team comprises of essay writers who can handle any type of assignment that you are in need of. You are in the right place if you are looking for essay help, research help, thesis help, report writing, project writing, case studies, term paper writing, and dissertation help among others. All you need is to specify the type of paper writing service that you need when placing your order.

We have over the years helped thousands of students in need of writing help. This means that we understand and are professionals at academic writing help. Our professional writers will handle any type of paper needed, any format and deadlines. We have customized our platform to allow for orders that take as long as 1-2 months and short deadlines as 3-6 hours. We also have specialized homework writers who handle Masters and PhD papers. We have made essay writing help easy for you!

Submit Assignment Details

Submit your order instructions by filling in the form, and then, submit payment for your order.

Writer is Assigned

Once we receive your order details, the writer is immediately assigned to work on your paper.

Evaluation and Delivery

The completed paper is checked by our editors and then emailed or uploaded to your account.

Need Help? Click On The Chat Button For Help. We Are Available 24/7

  • Free Outline
  • Free Formatting
  • Free Reference Page
  • Free Title page
  • 24/7 Customer Service
  • Free Plagiarism Report
  • Free Revisions
  • Discounts Available

We have an in-house professional team of support that is ready to answer your questions or concerns, or get you started to place your order with us. You can chat, call us or email our support 24/7!

Latest Samples from the blog

Latest Posts

  • Read more + May 29, 2021 By He's Restored in Sample Essay Papers

    Sample Psychology Essay Paper on Social Problems with Adulthood and Ageing

  • Read more + By He's Restored in Sample Essay Papers

    Sample Education Coursework Paper on Quantitative Reason in Research

  • Read more + May 16, 2021 By He's Restored in Sample Essay Papers

    Sample Business Studies Essay Paper on What Is Disruptive Innovation

  • Read more + By He's Restored in Sample Essay Papers

    Sample Holocaust Studies Essay Paper on Genetic Tests

  • Read more + May 15, 2021 By He's Restored in Sample Essay Papers

    Sample Religious Studies Paper on Comprehension and Reflection Assignment – Ecclesiology and the Sacraments

  • Read more + By He's Restored in Sample Essay Papers

    Sample Management Paper on Global Supply Chain Management

  • Read more + May 14, 2021 By He's Restored in Sample Essay Papers

    Sample Essay Paper on Big Brother at the Mall

  • Read more + May 13, 2021 By He's Restored in Sample Essay Papers

    Sample Women and Gender Studies Essay Paper on Racial Stereotypes of African-Americans and Arabs in Popular Culture

  • Read more + By He's Restored in Sample Essay Papers

    Sample Management Admission Essay on Child Care in the Workplace

  • Read more + May 12, 2021 By He's Restored in Sample Essay Papers

    Sample Sociology Essay Paper on Reflection and Discussion on Major Course Research Projects

CHECK 4K+ SAMPLES HERE
Place your order Now
GET STARTED NOW

About Us

BestEssayServices.com offer personalized and comprehensive essay writing help to students with an aim of helping them excel in their academic endeavors. Partner with us for all your academic writing services.

Corporate Info

  • Home
  • About Us
  • Contact Us

Resource Center

  • Sample Papers
  • Writing Resources
  • FAQs

Customer Info

  • Customer Account
  • Revision Policy
  • Refund Policy

Copyright © 2010- BestEssayServices.com. All Rights Reserved to JESUS

TOP