LAW OF BUSINESS LEASES Term Paper Example | Topics and Well Written Essays - 2250 words

LAW OF BUSINESS LEASES - Term Paper Example The landlords often have to deal with the tenants who default on the lease or sub lease agreements. It is important that Mr. Ash takes early actions to collect the rent it always follows a very predictable pattern that starts with a series of late payments, that proceeds to paying only part of the rent and finally leading to complete default of the payment of the rent. When the tenants delay in making rent payment just like in the case of XYZ Ltd, Miss Beech and Mr. Cherry, the first option is the person that guaranteed Mr. Cherry payment to be approached Law of (Property Act 1925). This is the best strategy to be used if Mr. Ash needs to preserve the lease and the tenant has sufficient goods in premises that can cover the cost of the rent arrears. The right to rent distress is only available to the owner of the immediate reversion of the lease agreement that will end immediately he or she assign sells or transfer the reversionary interest to another party. The rest distraint involves the landlord seizing the goods that was pledge against the unpaid rent. This is basically a self help remedy that enables the landlord to take the goods of the tenants that are found on the leased premises as some form of security so that the rent arrears can be paid in full. Distress is a right of the landlord that was created under the common law defining the relationship of the tenant and the landlord (commercial credit Corp Ltd v. Harry D. Shields Ltd. (1980), 122 D.L.R. (3rd). It is important to note that the right to distress is the only right under which a landlord is allow ed to hold the goods of his tenants and can be applied upon nonpayment of any amount. The landlord has a right to use the rent distress instruments in case of nonpayment of any amount. According to Wallace v. Fraser (1878), 2 S.C.R. 522, the right of distress can be taken way or limited by the courts in lease if the landlord has forfeited the lease. This is because

European Union Law discussion Essay Example | Topics and Well Written Essays - 1500 words

European Union Law discussion - Essay Example Although the European Union has been concerned with discrimination issues since its inception, it was not until 1997, when the Treaty of Amsterdam3 amended the Treaty of Rome, that anti-discrimination was included as a basic founding principle of the Union. Than, another step was made in 2000 with the Charter of fundamental rights of the European Union4 which introduced the notion of equality and non-discrimination as fundamental rights which should be respected by every State.. Since the project of Constitution5, the notions of gender equality and of the respect of the minorities have been introduced. Furthermore, to become a member of the Union, it is necessary to promote all of these values. On this first part, we will discuss one of the principal issues regarding discrimination in the European Union: Gender Equality, through the use of case examples and the description of the policy of the quotas. One of the most important examples of successful gender equality in the European Union today may be the long waited access to politics for women. Belgian Environment, Sustainable Development and Consumer affairs Minister Van den Bossche accessed her position in Parliament thanks to gender quota according Amanda Ripley in her special report about gender equality in Time Europe.6 Taking the example of Belgium, the percentage of women in the lower House of Representatives has risen from 23% in 1999 to 35% in 2003. Nevertheless, the problem does not exist within the politics of quotas but in the mentality of the people: "They insist that France's largest parties failed to meet the quota requirements because powerful men didn't want to relinquish their positions to women. "There is still a lot of machismo," says Anne Hidalgo, a Socialist Party (PS) member who is also deputy mayor of Paris and a city councilwoman."7 When we are dealing with gender equality quotas and the policy of the European Union regarding this subject, we are only facing a European Union Directive aiming to put an end to gender discrimination (COUNCIL DIRECTIVE 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation8) but there is an absolute lack of promotion dedicated to change the ideas that the population may have regarding women access to higher positions in the public or the private sector. Naturally, the legislation is necessary to make it happen. In "Spain plans to ban sex discrimination at work" from Leslie Crawford9, the consequences of Spain proposed law which would oblige companies with more than 250 workers to introduce "equality plans" aimed at eliminating discrimination against women in pay, promotion and benefits had an echo on the European Union which stated that "a new European institute for gender network of national gender equality bodies to monito r and fight discrimination on equality would be up and running in January next year, while it also promised to fund a grounds of sex in member states." It is disturbing to observe when facing such an important issue like as woman discrimination