Saturday, March 14, 2020

Conversion Under Tort Law Essays

Conversion Under Tort Law Essays Conversion Under Tort Law Essay Conversion Under Tort Law Essay 320 5/19/2012 Conversion under Tort Law The layman’s definition for conversion is basically considered theft; according to our text â€Å"whenever a person wrongfully possesses or uses the personal property of another without permission† is considered conversion†¦.. †deprives an owner of personal property or of the use of that property without that owner’s permission†. On March 28 of this year, my car was stolen from my employer’s parking lot and was recovered eight days later by the local police. There was surveillance video of the subject entering and driving away in my car, due to the distance a positive ID was unable to be made. Without the video, the act (Actus Reus) of conversion (theft) could have been arguable, being there was no burden of proof. In order for an individual to be charged, there is an information (a form) that is required to be filled out; in my case a police report by a Peace Officer, in order to make a claim that a specific type of theft has occurred. Within the report, certain facts (or beliefs) would be contained supporting that it occurred with specificity and particularity. Here in Illinois, detailed descriptions of vehicle theft laws are found in the Ilinois Vehicle Code, and not the Criminal Code, under 625 ILCS 5/4-103 through 103. 3. In most cases auto thefts are considered Class 2 felonies, punishable by up to seven years imprisonment. There are many different types of conversion, not all of them involving tangible personal property or may not be considered theft at all. An example of conversion using intangible personal property could be the use of computer software, domain names, stocks, and bonds, to name just a few. Another consideration could be the unknowing purchase of stolen items, where the original subject that committed the theft is for all intensive purposes absolved of any wrongdoing by default, when the third party became involved. The buyer of the stolen items is then required to either return the stolen items or monetarily compensate the rightful owner for full value. In order to make a conversion claim, the plaintiff has to establish four elements. 1) the plaintiff owns or the right to possess he property, 2) defendant intentionally interfered with the property, 3) the interference deprived the plantiff of possession or use of the property, and 4) the interference caused damages to the plaintiff and/or the property. There are many different defenses in a conversion case if it ends up in litigation. There is abandonment; the property was abandoned by the owner prior to being taken by the defendant. Consent or approbation; the plaintiff’s consent can be implied. Privilege; the finder of lost property may be entitled to use or ownership if the real owner cannot be identified. As a policy, the local Police do not investigate auto thefts unless there was a crime committed with the car. Given the fact the subject seen on video was not able to be identified, the case was closed. The interior of the car was vandalized to the point that my insurance carrier considered the car a total loss. Because all four of the elements listed earlier, I was unable to make a conversion claim. : Cross, F. B. , amp; Miller, R. L. (2012). The legal environment of business: Text and cases-ethical, regulatory, global, and corporate issues. (8th ed. ). Mason, OH: South-Western Cengage Learning.

Thursday, February 27, 2020

Evaluation Case Study Example | Topics and Well Written Essays - 750 words

Evaluation - Case Study Example Evaluation techniques are classified into two major classes which include the predictive evaluation techniques and descriptive evaluation techniques (Perlis, et al., 1981). The process of evaluation is goal oriented. The goals for which an evaluation process is intended for defines the importance of the evaluation process. One among the goals of evaluation is to determine if the technique is better as compared to existing techniques. This process entails the comparison of the technique with other existing techniques with aims of determining the status of the technique (Clements, 2002). This process is significant since it helps in assessing the technique with respect to already existing techniques and determining its viability in comparison with the existing techniques. Another goal of the evaluation process is to find out how good the technique is. This process is important since it facilitates assessing the technique to determine if it has the desired qualities as intended. Lastly, the process of evaluation of the given technique is aimed at determining â€Å"why the technique is bad†. This is aimed at detecting any weakness existing in the te chnique and this is important since using this weaknesses, suggestions that points out the need for further development can be generated (Farooq & Quadri, 3011). In general, the process of evaluation is aimed enhancing the usability of any given technique. This process of enhancement is aimed at improving user experiences, detecting flaws in the technique, addressing security concerns and removing unwanted features from the technique. The evaluation process as a whole is purported to facilitate technique improvement and enhancement of design supporting aspects. This process is vital since it plays a significant role in the development of the technique. The formative aspect of evaluation is paramount since it aids in the acquisition

Tuesday, February 11, 2020

History of golf Essay Example | Topics and Well Written Essays - 1500 words

History of golf - Essay Example Scotsmen like to reflect upon the robust popular heritage of golf, disparaging the effete and à ©litist tendencies of their English counterparts. But such enclaves of City money as Wentworth or Sunningdale have more than a little in common with the early merchants' clubs of central Scotland in terms of social composition. It's pleasant parkland setting and moderate physical demands made golf the perfect sport for the middle-aged and middle class of both sexes. From a handful of courses outside Scotland, there were around a thousand in Britain by 1914. Even in quiet rural areas golf began to spread. Five new clubs were formed in Somerset in the 1890s and there were twelve by 1910. The collapse of agricultural prices had made it possible to acquire the hundred or more acres of farmland required for a course without too much difficulty in the late nineteenth century but competition from inter-war housing estates changed the picture. Initially, the cost had been easily within the reach of the committees of middle-class men, who had normally financed the purchase through the issue of debenture stock, i.e. capital loaned to a company (the club) upon which only interest was paid for a fixed period. Club subscriptions would cover interest payments while a larger sum was accumulated to pay off the long-term l oans. Debentures provided an excellent financial means for those with small capital surpluses to acquire a share in a large piece of real estate, access to which would have been beyond their means as individuals. Builders began to see the potential for combining superior residential property with recreation. The golf club became the preferred embellishment of the high-class housing estate, where the 'nine-to-five' commuters could meet at the weekend. St George's Hill, Chipstead, and Edgware were among those founded in this way. Stanmore on the wealthy fringe of north London was originally part of the Gordon estate and the golfcourse was designed for the enjoyment of friends of the family. But the restrictive aristocratic ethic quickly gave way to the selfgoverning and incorporated private club based upon the principle of shareholding and providing collective access to a landed

Thursday, January 23, 2020

The Rite Of Manhood Essay -- All the Pretty Horses Maturity Essays

The Rite Of Manhood At some point in childhood, most people consider running away, most for a few days but, in some cases, forever. Many causes influence a child to run away, including fights, abuse, and unhappiness. In All the Pretty Horses by Cormac McCarthy, two boys run away into the Wild West to find a life you can only read about. Though they can never find this perfect place, the journey itself is extraordinary. The reader is taken on a ride that entails danger, love, and, ultimately, self discovery. This ride has rite of passage written all over it. The novel builds and destroys a surreal adventure that describes the transition from boyhood to manhood. The novel describes the transition of John Grady from a surreal, inocuous youth to a real and painful manhood. The reoccurring theme of John Grady’s rite of passage begins with a simple conversation between father and son, a relationship in which the unsophisticated, young boy looks up to a figure of superiority. The youth of this boy is first illustrated by a conversation between the two in which John Grady’s father says, â€Å"When I come around askin you what I’m supposed to do you’ll know you’re big enough to tell me.† (McCarthy, 8) The inferiority and youth of this boy in the shadow of his father is clear here. This can also be seen when John Grady asks if he can run the ranch and his mother says, â€Å"you’re sixteen years old, you can’t run a ranch.† (McCarthy, 15) This is particularly intriguing because we are introduced to his bright, ambitious character which is only marginalized by his age. These early indications of John Grady’s youth set up a motive for running away. He is not getting the respect or recognition he feels he deserves. The latter quotation is in fact... ...at last seeing the harsh reality of the world and not the fairytale he was used to. It is unfortunate that he flung himself wholeheartedly into his adulthood because he now has to face the painful realization that youth is a gift which protects those innocent ‘heart[s]’ from a world of troubles. John Grady’s heart was not that lucky. It craved the surreal adventure and got more than a spoonful of life. In All the Pretty Horses, John Grady’s passage to manhood is symbolized by a surreal adventure that is destroyed in the end by the harsh reality of this manhood. At first it does not seem possible that John Grady could mature so quickly but the reader definitely sees him shed his happy, boyish nature by the end of the novel. And though this seems sad, it doesn’t truly matter because the lessons learned on this journey were more important than the journey itself.

Tuesday, January 14, 2020

Characterization of Tom in “The Great Gatsby” Essay

In the first three chapters of The Great Gatsby by F.Scott Fitzgerald, he characterized Tom Buchanan as violently aggressive in order to show the kind of man that had turned out from the Ivy League school and have contributed to two different social classes. For example, in the first chapter of the book, Nick introduces us couple of characters as well as Tom Buchanan and he says the following â€Å"Now he was a sturdy straw-haired man of thirty with a rather hard mouth and a supercilious manner. Two shining arrogant eyes had established dominance over his face and gave him the appearance of always leaning aggressively forward† (pg.7). We are told that Tom has a hard mouth and arrogant eyes. He is said to be always leaning forward aggressively, making up for the unmanly clothes he’s wearing at the time and very muscular with a â€Å"cruel† body. Nick describes Tom looking aggressive just by his looks without any further detail of how he acted aggressively. As a graduate from a prestigious school, Tom would be expected to be more characterized as a good, pleasant character when describing an educated man, however Tom was the opposite and Fitzgerald does this to show that the characteristic of a man does not depend on the school they had attended and graduated from. Furthermore, in chapter 2 it is proven that Tom is violent â€Å"Sometime toward midnight Tom Buchanan and Mrs. Wilson stood face to face, discussing in impassioned voices weather Mrs. Wilson had any right to mention Daisy’s name†¦I’ll say it whenever I want to! Daisy! Dai- Making a short deft movement, Tom Buchanan broke her nose with his open hand† (pg.37). At their little gathering party, Tom there breaks his lover, Myrtles, nose just because Myrtle had not stopped chanting Daisy’s name even if she had been warned by Tom before. Tom expresses his aggressiveness when he becomes violent when Myrtle does not stop. Fitzgerald is showing that not all man graduating from Ivy League school such as (Yale, Oxford, and Princeton) are all well-mannered, with a good characteristic as one would think.

Monday, January 6, 2020

The Public Library ( Tpl ) Essay - 1278 Words

The Library I chose the Tigard Public Library (TPL) since I have worked there for eight years. I had to go to Wikipedia to find the number of volumes, 230,000. The website focuses on the building and services available because the new building opened in 2004. The primary types of physical material collected is books, DVDs, CDs, Books on CD and Blu-ray. For the adult collections the majority of items are non-fiction. The fiction is subdivided into general, mystery, and science fiction and Fantasy. Western novels, on request by patrons, have stickers marking them but are shelved with general fiction. There are many different special collections. Graphic novels are divide between adult, young adult and juvenile. Certain non-fiction titles are separated out into a Careers and Education, others into a Parents collection that is shelved the Children’s Room. There is a collection of Large Print and Adult Foreign Language. The Foreign Language section is further divide into Spanish, Chinese, Japanese and Korean. In the children’s room they are referred to as World Languages. In addition to those previously listed, Russian and Somali represent a few of the many diverse languages offered. More of this will be found under Access. Access TPL has two floors, the first floor has the children’s room, a Bestseller books section, a New Books section, patron holds, Blu-rays, DVDs, CDs and Books on CD. Upstairs has Adult Fiction at one end of the building, divided into collections of