12,244 research outputs found
Giving credit where it's due
Discusses the entitlement to occupation rent where one party to a relationship no longer lives in the matrimonial or family home in which he/she has an interest and a right of occupation. Describes the case law illustrating that forceful exclusion of the non-occupying party is not a prerequisite to entitlement to an occupation rent. Considers the calculation of the parties' respective credits where the occupying party has made mortgage repayments since the separation and the other is entitled to an occupation rent
Chattels: I have bought it all for you
Outlines the ways by which personal property can be acquired through the gift of chattels, referring to case law including the Court of Appeal rulings in Re Cole (A Bankrupt) and Re Kirkland, and through the declaration of trust, with reference to the Chancery Division ruling in Rowe v Prance. Compares this to the use of constructive trusts or proprietary estoppel to secure assets and considers the need to prove detrimental reliance
Dizzy heights and occupiers' liability
Reviews case law on the occupier's duty of care to trespassers under the Occupiers' Liability Act 1984 s.1, including the issues that apply where the trespasser engaged in risky behaviour, was a child, and where the property was inherently dangerous
Patch me if you can
Considers the circumstances in which repair works may be more appropriate than replacement where a landlord is attempting to claim under a repair covenant. Examines case law on which method is more appropriate and on the standard of remedial work to be undertaken. Reflects on the situation where performance of remedial works would be futile. Comments on the Technology and Construction Court ruling in Carmel Southend Ltd v Strachan & Henshaw Ltd on whether a landlord had been correct to carry out overcladding works to a roof where surveyors had agreed that patch repairs would be adequate
Expectations and promises
Discusses the Chancery Division judgment in Thorner v Curtis on a claim by an unpaid farm worker, who was led to expect that he would inherit the farm. Examines whether proprietary estoppel could be proved even if the deceased landowner made no express promise. Reviews case law on proprietary estoppel
Conformal Symmetry and Unification
The Weyl-Weinberg-Salam model is presented. It is based on the local
conformal gauge symmetry. The model identifies the Higgs scalar field in SM
with the Penrose-Chernikov-Tagirov scalar field of the conformal theory of
gravity. Higgs mechanism for generation of particle masses is replaced by the
originated in Weyl's ideas conformal gauge scale fixing. Scalar field is no
longer a dynamical field of the model and does not lead to quantum
particle-like excitations that could be observed in HE experiments.
Cosmological constant is naturally generated by the scalar quadric term. The
model admits Weyl vector bosons that can mix with photon and weak bosons.Comment: 10 pages, latex, aipproc.sty, no figures, talk given at the
International Conference Particles, Fields and Gravitation, Lodz, April 199
Observations on interfacing loop quantum gravity with cosmology
Indexación: Web of Science; Scopus.A simple idea of relating the loop quantum gravity (LQG) and loop quantum cosmology (LQC) degrees of freedom is introduced and used to define a relatively robust interface between these theories in context of toroidal Bianchi I model. The idea is an expansion of the construction originally introduced by Ashtekar and Wilson-Ewing and relies on explicit averaging of a certain subclass of spin networks over the subgroup of the diffeomorphisms remaining after the gauge fixing used in homogeneous LQC. It is based on the set of clearly defined principles and thus is a convenient tool to control the emergence and behavior of the cosmological degrees of freedom in studies of dynamics in canonical LQG. The constructed interface is further adapted to isotropic spacetimes. Relating the proposed LQG-LQC interface with some results on black hole entropy suggests a modification to the area gap value currently used in LQC.https://journals.aps.org/prd/pdf/10.1103/PhysRevD.92.12402
Beneficial entitlement after Stack
Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a property purchased in the joint names of cohabitees. Considers two cases which extended the Stack v Dowden approach to encompass the beneficial entitlement of family members, namely: (1) Adekunle v Ritchie on beneficial entitlement in a property jointly purchased by a mother and son, where the transfer document contained no express declaration of trust; and (2) Abbott v Abbott on the impact of a wife's indirect financial contributions in determining her beneficial entitlement in the matrimonial home
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