Response Paper to “The Invention of Lying”

Response Paper One Joseph Leemon For my analysis of the movie The Invention of Lying as it pertains to our class, I have selected two parts from the IPC book, where I can apply some of what I have learned so far. The first part is the Ethical Systems of Interpersonal Communication table from Chapter 1 and the Stages of the Interpersonal Perception Process from Chapter 2, The Ethical system of interpersonal communication contains five parts. Those parts are categorical imperative, utilitarianism, golden mean, ethic of care, and significant choice.Categorical imperative is an ethical system that suggests that we should act as an example to others. This is demonstrated throughout the movie as the entire population (except Mark when he begins to lie), tells the truth no matter how it might affect the other person. A specific example is when Anna is talking to her mother on the date, and explaining that Mark is unattractive and undesirable, even though he is sitting right across from her. Utilitarianism is the ethical system suggesting that what is ethical will bring the greatest good to the greatest number of people.An example of this would be when Mark tells the lie that he can speak directly to God, and he is confronted with a worldwide audience. He then decides to make up his own version of the Commandments, because he believes that these will help society at large in the best possible way. Golden mean is the ethical system where a person’s moral virtue stands between two vices, with the middle being the foundation for a rational society. This is displayed when Mark uses his lies to get closer to Anna throughout the movie by manipulating other people to get money and fame.The other side of it is when he tells his dying grandmother how wonderful heaven is, so she will be able to die peacefully. Mark also has various other situations like this that keeps him centered and good. The ethic of care is the system that is concerned with the connections among peop le and the moral consequences of decisions. Throughout the movie, Mark tries to get Anna to like him, even though she originally thought of him as ugly and as a loser. They begin to grow closer, until Anna decides to marry Brad, because Brad is of better â€Å"stock† than Mark.Anna does not end up going through with marrying Brad, because she realizes that there are more appealing aspects to Mark, even though he has told her that he has not told the truth. Significant choice is the belief that communication is ethical to the extent that it maximize our ability to exercise free choice. This is brought up in the movie a couple of times. One of the first times Mark uses it is when he runs into Frank, who is contemplating suicide. Mark did not have to tell Frank that he was a good guy, and that he was worth something, but he found it was the ethical thing to do, and exercised his choice in that way.Another time is near the end of the movie where Mark tells Anna that he has not be en telling the truth. He wanted her to like him for himself, and not all the money and fame that he had accumulated by lying, so he made the choice to tell her the truth. The second part is the Stages of the Interpersonal Perception Process from Chapter 2. These include attending and selecting, organizing, interpreting, and retrieving. This is used on Mark and Anna’s second date, when Anna asks Mark about his family.Mark is able to draw her in by telling her of his father and his grandmother. Mark then uses organizing to create the belief that he is good enough for Anna, but Anna still believes that he is ugly and she does not want to have children with him. Because of this, Mark interprets that even though he has more money, Anna will still not be with him romantically. Mark retains this idea that he is not good enough throughout the rest of the movie, until the very end where Anna finally decides that she wants to be with him because of the person he is on the inside.

6 Steps to Solve Math Problems

6 Steps to Solve Math Problems The ability to solve math problems not only boosts ones abstract thinking, it is also a marketable skill in the workplace as many employers require that their employees have taken several math courses in college. Problem solving is a process of finding the solutions to difficult issues. Whether or not a student major in math, either at the college or university level, being able to solve math problems is very beneficial. The ability to solve math problems not only boosts ones abstract thinking, it is also a marketable skill in the workplace as many employers require that their employees have taken several math courses in college. THE ART OF EFFECTIVE PROBLEM SOLVING Though solving math problems seems awfully tedious in nature or even overly difficult to the novice, the practice is essentially solving a problem. And whenever a problem emerges, there is at least one solution to that problem. There is a multitude of ways to solve a math problem. It involves visualizing, approaching and solving math problems in a detailed set of instructions the student should refer to in the event a math problem seems insurmountable. These Are the Best Steps to Follow: STEP 1. Determine the kind of math the problem is calling for. Does this particular math problem call for multiplying fractions? Solving algebraic equations? Solving quadratic equations? Knowing where to start and what school of math is being incorporated is key in helping the student solve their problem. STEP 2. Review what has already been covered in the math course for which this particular assignment, or math problem, has been given. If it’s a specific formula, or set of formulas, that the problem calls for, more than likely the student can find the formula in the chapters or sections their professor has already covered over the course of the term or semester. Most academic institutions offer numerous resources for students struggling with math problems. STEP 3. Begin to solve the problem, apply knowledge and skills already learned in the course. Identify what the problem is calling for and read the directions, if they are present, very carefully. At times, the system of â€Å"guess and check† may help; in other cases, use objects and other such tools to model the problem – sometimes a visual illustration of the problem may serve the student best. Look for patterns, use logical reasoning, and work backward, if possible. STEP 4. Write down and show each step. Sometimes, by writing down their work, the student who may be a visual learner may best solve their problem – or this may overcome a set of obstacles standing in their way of solving the problem. This tactic allows the student to track and even double-check their approach to the problem as well as their mental process of getting the needed results. The student who is struggling with a math assignment must never attempt to solve the entire problem in their head. STEP 5. Verify that the answer is correct and makes sense to the student if they are in the future tested on solving such math problems.  Often in most textbooks, in math courses, especially, the answer is in the back of the book – that is if an assignment is taken directly from the textbook. STEP 6. The student must always remember that their professor’s job is to help them understand the math that the course calls for. So, the student should approach their professor in the event a math problem presents difficulties. Most academic institutions employ the student body’s most skilled math students as tutors for students whose strengths are not math-oriented. This kind of service is often incorporated in the student’s tuition, so they should certainly take advantage of it. PROBLEM SOLVING  SKILLS PROBLEM SOLVING STRATEGIES If you are unable to cope with a math problem or have not been able to get a proper explanation of the material, send us your assignment instructions and attach relevant files. Our support staff will review your instructions and will recommend a writer with a suitable background, who will ensure that the paper is properly written and that your math problem is solved correctly. Just place an order and get your professionally written paper on time.

Biography of Toyotomi Hideyoshi, Unifier of Japan

Biography of Toyotomi Hideyoshi, Unifier of Japan Toyotomi Hideyoshi (1539–September 18, 1598) was the leader of Japan who reunified the country after 120 years of political fragmentation. During his rule, known as the Momoyama or Peach Mountain age, the country was united as a more-or-less peaceful federation of 200 independent daimyo (great lords), with himself as an imperial regent. Fast Facts: Toyotomi Hideyoshi Known For: Ruler of Japan, reunified the countryBorn: 1536 in Nakamura, Owari Province, JapanParents: Farmer and part-time soldier Yaemon and his wifeDied: September 18, 1598 at Fushimi castle, KyotoEducation: Trained as a military aide to Matsushita Yukitsana (1551–1558), then with Oda Nobunaga (1558–1582)Published Works: The Tensho-ki, a biography he commissionedSpouse(s): Chacha (principal concubine and mother of his children)Children: Tsurumatsu (1580–1591), Toyotomi Hideyori (1593–1615) Early Life Toyotomi Hideyoshi was born in 1536, in Nakamura, Owari Province, Japan.  He was the second child of Yaemon, a peasant farmer and part-time soldier for the Oda clan, who died in 1543  when the boy was 7 years old and his sister was about 10. Hideyoshi’s mother soon remarried. Her new husband also served Oda Nobuhide, the daimyo of the Owari region, and she had another son and daughter. Hideyoshi was small for his age and skinny. His parents sent him to a temple to get an education, but the boy ran away seeking adventure. In 1551, he joined the service of Matsushita Yukitsuna, a retainer of the powerful Imagawa family in Totomi province. This was unusual because both Hideyoshi’s father and his stepfather had served the Oda clan. Joining Oda Hideyoshi returned home in 1558 and offered his service to Oda Nobunaga, son of the daimyo. At the time, the Imagawa clans army of 40,000 was invading Owari, Hideyoshi’s home province. Hideyoshi took a huge gamble- the Oda army numbered only about 2,000.  In 1560, the Imagawa and Oda armies met in battle at Okehazama.  Oda Nobunaga’s tiny force ambushed the Imagawa troops in a driving rainstorm and scored an incredible victory, driving the invaders away. Legend says that 24-year-old Hideyoshi served in this battle as Nobunaga’s sandal-bearer. However, Hideyoshi does not appear in Nobunaga’s surviving writings until the early 1570s. Promotion Six years later, Hideyoshi led a raid that captured Inabayama Castle for the Oda clan. Oda Nobunaga rewarded him by making him a general. In 1570, Nobunaga attacked his brother-in-law’s castle, Odani. Hideyoshi led the first three detachments of one thousand samurai each against the well-fortified castle. Nobunaga’s army used the devastating new technology of firearms, rather than horse-mounted swordsmen. Muskets are not much use against castle walls, however, so Hideyoshi’s section of the Oda army settled in for a siege. By 1573, Nobunagas troops had defeated all of its enemies in the area. For his part, Hideyoshi received the daimyo-ship of three regions within Omi Province. By 1580, Oda Nobunaga had consolidated power in over 31 of Japans 66 provinces. Upheaval In 1582, Nobunagas general Akechi Mitsuhide turned his army against his lord, attacking and overrunning Nobunagas castle. Nobunagas diplomatic machinations had caused the hostage-murder of Mitsuhides mother.  Mitsuhide forced Oda Nobunaga and his eldest son to commit seppuku. Hideyoshi captured one of Mitsuhides messengers and learned of Nobunagas death the next day. He and other Oda generals, including Tokugawa Ieyasu, raced to avenge their lords death. Hideyoshi caught up with Mitsuhide first, defeating and killing him at the Battle of Yamazaki just 13 days after Nobunagas death. A succession fight erupted in the Oda clan. Hideyoshi supported Nobunagas grandson Oda Hidenobu. Tokugawa Ieyasu preferred the oldest remaining son Oda Nobukatsu. Hideyoshi prevailed, installing Hidenobu as the new Oda daimyo. Throughout 1584, Hideyoshi and Tokugawa Ieyasu engaged in intermittent skirmishes, none decisive. At the Battle of Nagakute, Hideyoshis troops were crushed, but Ieyasu lost three of his top generals. After eight months of this costly fighting, Ieyasu sued for peace. Hideyoshi now controlled 37 provinces. In conciliation, Hideyoshi distributed lands to his defeated foes in the Tokugawa and Shibata clans. He also granted lands to Samboshi and Nobutaka. This was a clear signal that he was taking power in his own name. Hideyoshi Reunifies Japan In 1583, Hideyoshi began construction on Osaka Castle, a symbol of his power and intent to rule all of Japan. Like Nobunaga, he refused the title of Shogun. Some courtiers doubted a farmer’s son could legally claim that title. Hideyoshi circumvented the potentially embarrassing debate by taking the title of kampaku, or regent, instead.  Hideyoshi then ordered the dilapidated Imperial Palace restored, and offered gifts of money to the cash-strapped imperial family. Hideyoshi also decided to bring the southern island of Kyushu under his authority. This island was home to the primary trading ports through which goods from China, Korea, Portugal, and other nations made their way into Japan. Many of the daimyo of Kyushu had converted to Christianity under the influence of Portuguese traders and Jesuit missionaries. Some had been converted by force, and Buddhist temples and Shinto shrines were destroyed. In November 1586, Hideyoshi sent a huge invasion force to Kyushu, totaling some 250,000 troops. A number of local daimyo rallied to his side as well, so it did not take long for the massive army to crush all resistance. As usual, Hideyoshi confiscated all of the land and then returned smaller portions to his defeated foes and rewarded his allies with much larger fiefdoms. He also ordered the expulsion of all Christian missionaries on Kyushu. The final reunification campaign took place in 1590. Hideyoshi sent another huge army, probably more than 200,000 men, to conquer the mighty Hojo clan, which ruled the area around Edo (now Tokyo).  Ieyasu and Oda Nobukatsu led the army, joined by a naval force to bottle up the Hojo resistance from the sea. The defiant daimyo Hojo Ujimasa withdrew to Odawara Castle and settled in to wait out Hideyoshi. After six months, Hideyoshi sent in Ujimasas brother to ask for the Hojo daimyos surrender. He refused, and Hideyoshi launched a three-day, all-out attack on the castle. Ujimasa finally sent his son to surrender the castle. Hideyoshi ordered Ujimasa to commit seppuku. He confiscated the domains  and sent Ujimasas son and brother into exile. The great Hojo clan was obliterated. Hideyoshis Reign In 1588, Hideyoshi forbade all Japanese citizens besides samurai from owning weapons. This Sword Hunt angered farmers and warrior-monks, who traditionally had kept weapons and participated in wars and rebellions. Hideyoshi wanted to clarify the boundaries between the various social classes in Japan  and to prevent uprisings by the monks and peasants. Three years later, Hideyoshi issued another order forbidding anyone from hiring ronin, the wandering samurai with no masters. Towns also were barred from allowing farmers to become traders or craftsmen. The Japanese social order was to be set in stone. If you were born a farmer, you died a farmer. If you were a samurai born into the service of a particular daimyo, there you stayed. Hideyoshi himself rose from the peasant class to become kampaku. Nonetheless, this hypocritical order helped to usher in a centuries-long era of peace and stability. In order to keep the daimyo in check, Hideyoshi ordered them to send their wives and children to the capital city as hostages. The daimyo themselves would spend alternating years in their fiefs and in the capital. This system, called sankin kotai or alternate attendance, was codified in 1635 and continued until 1862. Finally, Hideyoshi also ordered a nationwide population census  and a survey of all the lands. It measured not only the exact sizes of the different domains  but also the relative fertility and expected crop yield. All of this information was key for setting taxation rates. Succession Problems Hideyoshis only children were two boys, from his principal concubine Chacha (also known as Yodo-dono or Yodo-gimi), the daughter of Oda Nobunagas sister. In 1591, Hideyoshis only son, a toddler named Tsurumatsu, suddenly died, followed soon by Hideyoshis half-brother Hidenaga. The kampaku adopted Hidenagas son Hidetsugu as his heir. In 1592, Hideyoshi became the taiko or retired regent, while Hidetsugu took the title of kampaku. This retirement was in name only, however- Hideyoshi maintained his hold on power. The following year, however, Hideyoshis concubine Chacha gave birth to a new son. This baby, Hideyori, represented a serious threat to Hidetsugu. Hideyoshi had a substantial force of bodyguards posted to protect the child from any attack by his uncle. Hidetsugu developed a bad reputation across the country as a cruel and blood-thirsty man. He was known to drive out into the countryside with his musket and shoot down farmers in their fields just for practice. He also played executioner, relishing the job of chopping up convicted criminals with his sword. Hideyoshi could not tolerate this dangerous and unstable man, who posed an obvious threat to the baby Hideyori. In 1595, he accused Hidetsugu of plotting to overthrow him and ordered him to commit seppuku. Hidetsugus head was displayed on the city walls after his death. Shockingly, Hideyoshi also ordered Hidetsugus wives, concubines, and children all to be brutally executed except for a one-month-old daughter. This excessive cruelty was not an isolated incident in Hideyoshis later years. He also ordered his friend and tutor, the tea-ceremony master Rikyu, to commit seppuku at the age of 69 in 1591. In 1596, he ordered the crucifixion of six shipwrecked Spanish Franciscan missionaries, three Japanese Jesuits, and 17 Japanese Christians at Nagasaki. Invasions of Korea Throughout the late 1580s and early 1590s, Hideyoshi sent a number of emissaries to King Seonjo of Korea, demanding safe passage through the country for the Japanese army. Hideyoshi informed the Joseon king that he intended to conquer Ming China and India. The Korean ruler made no reply to these messages. In February 1592, 140,000 Japanese army troops arrived in an armada of some 2,000 boats and ships. It attacked Busan, in southeastern Korea.  In weeks, the Japanese advanced to the capital city of Seoul. King Seonjo and his court fled north, leaving the capital to be burned and looted. By July, the Japanese held Pyeongyang as well. The battle-hardened samurai troops cut through the Korean defenders like a sword through butter, to China’s concern. The land war went Hideyoshis way, but Korean naval superiority made life difficult for the Japanese. The Korean fleet had better weaponry and more experienced sailors. It also had a secret weapon- the iron-clad turtle ships, which were nearly invulnerable to Japans underpowered naval cannon. Cut off from their food and ammunition supplies, the Japanese army got bogged down in the mountains of northern Korea. Korean Admiral Yi Sun Shin scored a devastating victory over Hideyoshis navy at the Battle of Hansan-do on August 13, 1592. Hideyoshi ordered his remaining ships to cease engagements with the Korean navy.  In January 1593, the Wanli Emperor of China sent 45,000 troops to reinforce the beleaguered Koreans. Together, the Koreans and Chinese pushed Hideyoshis army out of Pyeongyang. The Japanese were pinned down and with their navy unable to deliver supplies, they began to starve.  In mid-May1593, Hideyoshi relented and ordered his troops home to Japan. He did not give up his dream of a mainland empire, however. In August 1597, Hideyoshi sent a second invasion force against Korea. This time, however, the Koreans and their Chinese allies were better prepared. They stopped the Japanese army short of Seoul and forced them back toward Busan in a slow, grinding drive. Meanwhile, Admiral Yi set out to crush Japans rebuilt naval forces once more. Death Hideyoshis grand imperial scheme came to an end on September 18, 1598, when the taiko died. On his deathbed, Hideyoshi repented sending his army into this Korean quagmire. He said, Dont let my soldiers become spirits in a foreign land. Hideyoshis biggest concern as he lay dying, however, was the fate of his heir. Hideyori was only 5 years old and unable to assume his fathers powers, so Hideyoshi set up the Council of Five Elders to rule as his regents until he came of age. This council included Tokugawa Ieyasu, Hideyoshi’s one-time rival. The old taiko extracted vows of loyalty to his little son from a number of other senior daimyo and sent precious gifts of gold, silk robes, and swords to all the important political players. He also made personal appeals to the Council members to protect and serve Hideyori faithfully. Hideyoshis Legacy The Council of Five Elders kept the taikos death a secret for several months while they withdrew the Japanese army from Korea. With that piece of business complete, though, the council broke down into two opposing camps. On one side was Tokugawa Ieyasu. On the other were the remaining four elders. Ieyasu wanted to take power for himself. The others supported little Hideyori. In 1600, the two forces came to blows in the Battle of Sekigahara. Ieyasu prevailed  and declared himself shogun. Hideyori was confined to Osaka Castle. In 1614, the 21-year-old Hideyori began to gather soldiers, preparing to challenge Tokugawa Ieyasu. Ieyasu launched the Siege of Osaka in November, forcing him to disarm and sign a peace pact. The next spring, Hideyori tried again to gather troops. The Tokugawa army launched an all-out attack on Osaka Castle, reducing sections to rubble with their cannon and setting the castle on fire. Hideyori and his mother committed seppuku. His 8-year-old son was captured by the Tokugawa forces and beheaded. That was the end of the Toyotomi clan. The Tokugawa shoguns would rule Japan until the Meiji Restoration of 1868. Although his lineage did not survive, Hideyoshis influence on Japanese culture and politics was enormous. He solidified the class structure, unified the nation under central control, and popularized cultural practices such as the tea ceremony. Hideyoshi finished the unification begun by his lord, Oda Nobunaga, setting the stage for the peace and stability of the Tokugawa Era. Sources Berry, Mary Elizabeth. Hideyoshi. Cambridge: The Harvard University Press, 1982.  Hideyoshi, Toyotomi. 101 Letters of Hideyoshi: The Private Correspondence of Toyotomi Hideyoshi. Sophia University, 1975.Turnbull, Stephen. Toyotomi Hideyoshi: Leadership, Strategy, Conflict. Osprey Publishing, 2011.

How does diversity of employment affect the welfare(income per person) Dissertation

How does diversity of employment affect the welfare(income per person) in cities of America - Dissertation Example The initial variables included in the model were average education level of population, median age, unemployment rate, income tax rate and coastal city and a dummy variable equal to identify cities with welfare. Additional variables for inclusion in the model are still being considered, for example, transfer payments. It is important to hypothesize the expected relationship between the independent variables and the income per person. The higher average education level of the population in a city should increase the level of welfare, since, education is known to have a salutary effect on the income of a person. For median age, one would expect the welfare to increase up to a certain point and then begin to decrease after a certain peak age. This certain age, perhaps, between the ages of 18-50, as suggested in the literature, but, it is difficult to determine the sign of the coefficient for median age. It is possible there is a non linear relationship between welfare and age, with inco me increasing with age up to a certain point and then beginning to decrease after a certain age. A higher unemployment rate should lead to decrease in income, based on theory.

The Prospectus Essay Example | Topics and Well Written Essays - 1250 words

The Prospectus - Essay Example Using this prospectus in this study, will make it easy for the designed objectives to be achieved as the research problems will be easily achieved. The prospectus also ends up giving ways through which this study can be helpful to the stakeholders. The wedding day is the greatest day that the brides have been waiting for all their lives. They, for this reason, raise expectations high on this day, assuming and wishing that everything will go as planned. However, the brides get consumed thinking about the positive expectations from their wedding day until they forget about the unexpected negative events that can also accompany the day (Laurie, 2014). There are very many stressful issues that the brides are normally concerned about during this day that can make one wonder whether this day should be meant to be a big one for the brides or a stressful one for the. In their endeavors to making sure that everything goes well beginning from making themselves look fabulous to ensuring that there arises no mess in the program and arrangement of activities, the brides end up being stressed during their wedding day. This research is for this reason aimed at finding out those reasons that make the brides go crazy during when it is expected to be their biggest day in life. The research will be based on certain assumptions including the fact that the brides need to oversee the planning of activities during their wedding day. Another assumption is that, the brides are the ones in-charge of their looks during this day. We can also assume that all the weddings have some stressful events in them. Weddings are expected to be the best events that bring a lot of happiness in the lives of the brides. It is this day, the wedding day, which should mark the begging of endless happiness in the lives of brides when they begin living together with the grooms. Wedding is perceived as a bridge that brides use to pass through life full of loneliness to a life of companionship.

The Use of E-Commerce and E-Business Essay Example | Topics and Well Written Essays - 3000 words

The Use of E-Commerce and E-Business - Essay Example In the report, it is evident that different industries are improving all the processes at the organization level. In a different industry, in the past, the management was focusing on increasing production and generating revenues due to these two factors they were able to attract their franchisees that they have to show interest in their brands. But now they can reduce the total costs and can enhance their brands with the adoption of innovative technologies. The integration of marketing and procurement operations with e-commerce showed that the persons who are involved in supply chains assure that the integration of innovative technologies is warmly welcome. For electronic business, there is need of training of the staff persons and the notable thing is that they must have to observe the importance of the benefits of electronic systems. The electronic business is a continuously changing area and the electronic systems are very flexible and can be modified and upgraded according to the needs of the organization. The electronic business technologies are serving as an important management tool for increasing the overall performance of the supply chains.The e-procurement in different industries is in an infancy state and a rapid increase is expected in the functionality of e-commerce that would assist in making strong relationships with suppliers and buyers using electronic environment. From the benefits of e-commerce, it is obvious that it would increase the rate of adoption of innovative technologies, if the doubts related to e-commerce, are reduced to a level of utmost satisfaction of industry experts. The said research would help the industry experts in all the areas of different departments to better plan for the future adoption of IT/IS or e-commerce technologies. When the firms have to switch from traditional approaches to innovative online solutions then it would help the firm in significant savings, improvement in the production and increase in the operatio nal efficiencies. Using electronic systems e.g. e-procurement there would be better communication between business partners.

Land Property Rights

Land Property Rights A number of prominent cases concerning land and property rights, which have mainly involved women, have been addressed throughout the previous few decades. The above scenario states fundamental principles within the rule of law that have been raised in past cases. In consequence, this paper will be considering various different outcomes of important court decisions, along with the relevant Acts and law that accompany such proceedings. In the scenario, it appears that John, the trustee want to sell Fairview Cottage, however Mary, the beneficiary objects to this. Following this, considerations will be given to the given scenario, and what advice should be given in such circumstances. Land law recognises two forms of property ownership, which have been defined as legal ownership and beneficial or equitable ownership. Beneficial ownership concerns a persons right to live in and use the property, along with the right to any financial gains when the property is sold. The result of beneficial ownership can, therefore, significantly affect the sale of a property. The issues concerning beneficial interest were highlighted in Turton v. Turton (1988), during which the Court agreed on the notion that beneficial interests were dependent upon the intent of both parties when purchasing the property. In Walker v Hall (1988), LJ Nourse stated, â€Å"It must always be remembered that the basis on which the court proceeds is a common intention, usually to be inferred from the conduct of the parties; that the claimant is to have a beneficial interest in the house. In the common case, where the intention can be inferred only from the respective contributions, either initial or under a mortgage, to the cost of its acquisition, it is held that the house belongs to the parties beneficially in proportions corresponding to those contributions† (As quoted in Family Law Week, 2007). In order to establish a beneficial interest the claimant needs to prove â€Å"a resulting trust by showing that it would be inequitable for the legal owner to claim a sole beneficial ownership† (Privy-council.org.uk, 1999). A resulting trust is where ones share of the property is proportionate to their contribution made. It Arises due to the intention of the parties. In the case of Drake v Whipp (1995) 28 HLR 531, Peter Gibson LJ stated that it is crucial to distinguish between the different types of trusts. He argued that the distinction was of ‘crucial importance in deciding the size of the claiments size in terms of contributions made. The case of Bull v Bull [1955] 1 QB 234 shows the intention of the parties can be determined by the contribution made. In this case Lord Denning in the Court of Appeal stated that the share of the property should be ‘in his or hers respective contribution and also explains that each of the parties is entitled to the ‘possession of the land if they gave a respective contribution. Peter Gibson LJ in Curley v Parks [2004] EWCA Civ 1515 further explains that only contributions made at the time are relevant. Later contributions are not relevant for a resul ting trust. In this scenario, Mary has contributed 50% of the purchase price. The contributions were made with the intention of the property being used as a family home for the couple and their 3 children. Thus she has an equitable/beneficial interest under a resulting trust. It is also obvious that the contribution was made at the time of purchase, so a resulting trust will be applicable for Mary. Once its established somebody has a equitable/beneficial interest i.e a resulting trust, it is also important to note if they are in actual occupation, if so then their interests will be overriding. There is no stautory definition of what is meant by actual occupation. Actual occupation was defined by Lord Wilberforce in Williams Glyns Bank Ltd. v. Boland [1981] as ‘some physical presence with some degree of permanence. This was further confirmed by Lord Oliver in Abbey National Building Society v Cann and Another [1991] 1A.C. 56 where he further stated the emphasis on the degree of permanence. Lord Oliver also discussed when the claimant must be in actual occupation. He said ‘actual occupation required to support such an interest as a subsisting interest must exist at the date of completion of the transaction giving rise to the right to be registered. The House Of Lords also said that purchaser is bound by all overriding interests, thus giving more rights to the current occupier. The case of Ferrishurst Ltd v Wallcite Ltd [1991] further indicates the necessities for an overriding interest. Once an overriding interest is shown then he/she will have greater rights. In this scenario Mary ‘lives at Fairview Cottage which indicates that she lives there with a ‘degree of permanance. She also fulfils Lord Olivers criteria because she still lives at Fairview Cottage along with her children. Once actual occupation and beneficial interest are proven then a overriding interest will be present and Marys rights will be greater than any other persons. The Land Registration Act 1925 (LRA) confirms this, where it states. â€Å"The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and rights are not disclosed†. Another important topic to discuss is the issue of overreaching. In City of London v. Flegg (1988), the court ruled â€Å"that the Fleggs had no interest in the house once the payment had been paid to the Maxwell-Browns, since their interest had been overreached† (Todd, 1996). In this case, Mr and Mrs Flegg claimed a beneficial interest in the property by virtue of s.70(1)(g) of the LRA 1925. According to Todd (1996), this â€Å" decision would probably be different today, following the enactment of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), because overreaching would no longer occur.† Now, overreaching would only occur where the money is paid to atleast two trustees. Overreaching doesnt occur where the money is only paid to 1 trustee as seen in Williams Glyns Bank Ltd. v. Boland (1981). This led to Lord Wilberforce making the following statement; ‘a husband or a wife (in each actual case a wife) who has a beneficial interest in the matrimonial home, by virtue of having contributed to its purchase price, but whose spouse is the legal registered owner, has an overriding interest binding on a mortgagee (Wilberforce, 1980. As quoted by Mary Rose Plummer, 2007). In this scenario it is possible a potential purchaser may be able to overreach Marys interest if money is paid to atleast two trustees. However, it is unlikely that Marys interests will be overreached as there is only 1 trustee i.e. John. The rights of an occupant are dependant upon their legal status in relation to both the ownership of the given property and the other party. Individuals that are either married or registered in a civil partnership, according to British law, are automatically entitled to occupancy rights. In consequence, even when a spouse is not mentioned in the title deeds, he or she still has a right to live in the matrimonial home, as stated by the Family Law Act 1996. S.30(1) (FLA) , where the spouse can occupy house if owned by other spouse. However, this right is dependant upon where a divorce or dissoluteness of a civil partnership doesnt occur. In consequence, therefore, a person who is not on the title deeds, does hold certain occupancy rights. S. 31(10)(a) FLA 1996 states that matrimonial home rights are minor interests. For a minor interest to be protected, it must be registered by entry on the register of a notice. A notice is defined by the LRA 2002. An entry of a notice will protect the interest from any subsequent purchasers. If a notice isnt registered then ones right/interest may become void. As the property is legally owned by her spouse, Mary has the right to occupy it. In order to occupy the house however, she must register this right, by submitting a notice on the register. . It can also be argued that her interest as a spouse is only a minor interest, in relation to this a minor interest must also be registered under S. 29 LRA 2002. If this interest is not registered then it will not be binding. In addition, not only is Mary physically present, but she also holds clear occupancy rights, which include the right to exclude all those who do not hold the same rights. Fairview Cottage is clearly a matrimonial home, which was bought with the intention of being inhabited by both spouses, along with any existing or future children, of whom all would have a beneficial interest within the property. The fact that Mary is married to John, that they have three children, and has an equitable interest in the property as that she contributed financially towards the purchase of the property is clearly in Marys favour as stated in Family Law Week 2007 where it said â€Å"If you are married or in a civil partnership, your spouse or civil partner cannot sell the family home without your permission, even if your name is not on the title deeds† In addition, when considering the circumstances outlined within the given scenario, it is evident that Mary and John bought the house as a matrimonial home in which they intended to raise their family. As the couple are still legally married the house is still the family home, so the intention is still ongoing. S.14 of TOLATA 1996 lets anybody who has any type of interest in trust property to make an application for sale. In practicality, Mary can apply to the court to prevent John selling the house, or John can apply for the court to grant permission for sale. Even a potential purchaser wishing to buy the house can apply. As outlined in TOLATA 1996, matters referring to determining an application in accordance with section 14 are dependent on are stated in S.15; S.15 (1)(a) The intention of the individuals in attaining the property. S.15 (1)(b) The purposes or reasons for purchasing the property. S.15 (1)(c) The welfare of legal occupants, including children. The intentions of John and Mary when purchasing Fairview Cottage, as this paper has clearly demonstrated, was to provide a matrimonial home, which indicates that both had a common intention. The issue of matrimonial home is further discussed in S30 Family Law Act 1996, whereby a spouse has the right to occupy a property is he/she has a beneficial interest. Mary successfully fulfils this criteria. As S.15 (1)(a) and S.15 (1)(b) are still in existence, the court are likely to find in favour of Mary. They should prevent John from forcing a sale upon her. In addition to this, and in reference to the third factor S.15 (1)(c), the interest of the children is also and seen as an important consideration when considering beneficial applications. In the case of Re Evers trust [1980], LJ Omerod stated that it is important to underlay the importance of intention of the trust. In this scenario it was to prvide a family home. He further states that if the children are not mature it would be wrong to order a sale. This is further reiterated in the case if Williams JW v Williams MA [1976]. Therefore in this scenario, if the children are young, then the court is likely to find in favour of Mary, though if the children are mature then that fact should aid John. The ages of the children are unknown. Also, it is not sure what age is considered as ‘mature (it could be 18 or 21). If any of the kids are under 18, then a ruling in favour of Mary is likely. However, Judge Wroath in the case of TSB Bank plc v Marshall Others [1988] stated that even if the children are considered as adults, the courts may not take this issue into consideration when deciding on the sale of a property. Article 8 of the Human Rights Act (1998) states, â€Å"Everyone has the right for his private life and family life, his home and his correspondence,† which infers that children, who are profoundly affected by change brought about by parental disputes such as that portrayed within the given scenario, are protected by law. However the courts are not as likely to consider this in practicality. The courts are more likely to consider S.15 TOLATA 1996. However, as John is the legal owner/trustee of Fairview cottage, it is possible for him to sell under S14 TOLATA 1996 whereby the courts can grant him an application for sale. The courts in doing so would consider the factors listed in S.15 TOLATA 1996, to determine what action to take. In conclusion, it is evident that Mary has equitable interest of the property. An equitable interest together with actual occupation gives her an overriding interest. If she has this overriding interest then her position as a beneficiary would be even stronger, as her interests would override the interests of any other persons. However it is possible a potential purchaser may be able to overreach her interest. This is only applicable to where money is paid to two trustees, in this scenario John is the only trustee so it is unlikely that this will occur. If John wishes to evict Mary then he must apply under S. 14 TOLATA 1996. The courts will then consider the factors in S. 15 and any other factor it wishes to make a decision in regarding the sale. However, as outlined above it is unlikely that John will be successful. Although John is legally the sole proprietor of Fairview Cottage, the circumstances surrounding the purchase of the property strongly indicate that Mary is in a stronger legal position. The matrimonial status of the couple, for example, the fact that Mary significantly contributed towards financing the project, the original intentions of setting up a matrimonial home, and the presence of children, all indicate Marys right to beneficial ownership.