LAW Essay Example | Topics and Well Written Essays - 2500 words

LAW - Essay Example . .But the classification of the agreement as a lease does not depend upon any intention additional to that expressed in the choice of terms. It is simply a question of characterising the terms which the parties have agreed. This is a question of law.†2 Traditionally in determining whether or not the arrangements between Botolphs Investments plc and Alfred Micawber constitute a tenancy or a license it will be necessary to look a the factual background and discern whether or not the intent of the arrangements was to give Alfred Micawber exclusive possession of the shop. If so, the agreement was a tenancy rather than a license.3 Lord Denning stated in Shell-Mex & BP Ltd v Manchester Garages Ltd [1971] 1 WLR 612 that: â€Å"Broadly speaking, we have to see whether it is a personal privilege given to a person (in which case it is a licence) or whether it grants an interest in land (in which case it is a tenancy). At one time it used to be thought that exclusive possession was a decisive factor. But that is not so. It depends on broader considerations altogether. Primarily on whether it is personal in its nature or not.†4 This submission by Lord Denning was merely an extension of his ruling in Isaac v Hotel de Paris Ltd [1960] 1 WLR 239 where he broadly held that exclusive possession was not the only consideration.5 Although the law changed somewhat it has once again been restored to the resolution of the question of exclusive possession. â€Å"In my opinion the agreement was only ‘personal in its nature’ and created ‘a personal privilege’ if the agreement did not confer the right to exclusive possession of the filling station. No other test for distinguishing between a contractual tenancy and a contractual licence appears to be understandable or workable.†6 The right to exclusive possession is the pivotal test for which to determine whether on not the agreement between Botolphs Investments plc and Alfred Micawber constitutes a tenancy as opposed

The Environment and Our Difficult Relationship with Fuel Essay

The Environment and Our Difficult Relationship with Fuel - Essay Example It expresses the rationality of Man and the objectivity of his choices. In terms of food, the choices we make can significantly impact our health, whether we choose to eat a low or high calorie diet, whether we prefer to eat hygienic home-cooked food over the junk food we eat in restaurants or whether we prefer to eat fresh food as opposed to frozen food. It is high time that we challenge our unconditional trust for the health claims on the products of food manufacturing companies including genetically modified food and our ignorance of what constitutes healthy food, the perception of which has lately been tarnished. A similar perspective is shared by Micheal Pollen as elucidated in his article â€Å"Unhappy Meals.† The tone of Pollen’s article is full of sarcasm at the evolved concept of healthy food, much to my liking, the author states â€Å"A health claim on a food product is a good indication that it’s not really food, and food is what you want to eat,† (Pollen, 1). ... 40). The very introduction of such health claims on manufactured food was nothing more than a profit maximizing technique employed to increase sales. This has led to a change in the consumption patterns and is â€Å"destroying the traditional food cultures,† (Pollen, p. 65). The fact that after the introduction of the 1977 Dietary Goals in the United States of America, majority of the food manufactured was low fat (since that was recommended by the nutritionists ), one would have expected an overall decrease in the level of obesity of the population in general, but is that what happened? Unfortunately not! This simple fact speaks volumes about the low – fat claims made by the food manufacturing companies. The flaw was also in the proposed nutritional plan. The food manufactured was low on fat but high on carbohydrates which resulted in the increased obesity (Pollen, p. 43). This shows us that the nutritional value of food and the nutritious diets proposed are mere exper iments, the results of which are not guaranteed. This does not mean that I am a proponent of consuming high levels of cholesterol; rather I feel a controlled diet is the healthiest way to leading a healthy life, as opposed to consuming products that claim to be healthy. The dichotomy of the researches surrounding the utility of Omega-3 fats is a live example of the supportive and contradictory empirical evidence to support such health claims (Pollen, p. 38). Similar researches are questioning the validity of the food pyramid we have been studying for years. In his book Gary Taubes seeks to clarify many of the prevalent notions people have about methods of