2. Telph and Trespass to land.
2.1 -The facts of both cases in Barker v R and Downing v WIN can clearly show it is very possible that each time that Telph had accessed Mr Ziebell’s land can be construed as trespass to land. Mr Ziebell never gave consent to any licensing agreement for a third party (Telph) to access the land, furthermore it was never an implied or expressed term that Mr Ziebell had any intention for a third party (Telph) to have any dealings on Mr Ziebell’s land.
2.2 - Specifically in Barker v R, it mentions the doctrine of trespass ab initio which fits the facts on the existing circumstance. Mr Ziebell had no intention to give Telph authority to access the land pursuant to the licencing arrangement. Telph continuously
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3. Legal issues regarding Opfone.
3.1 - Opfone acted in a matter that was outside of the scope of the original licensing agreement witch developed into sub-licensing deal with Telph, which directly resulted in a trespass to land. The issue is in how Opfone had conducted themselves in regards to allowing a third party on the property without the consent of Mr Ziebell, who has the right to exclusive possession of the land.
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3.2 – In Downing v WIN similarities can be observed through out the current facts given by Mr Ziebell. As the facts correspond we can look at the courts findings to demonstrate that the court discovered (WIN) the licensee (Tenant) had sub-licensed the land outside of the scope of any clauses in the arrangement created by the Licensor. The court decided subsequently the agreement made had no indication of authorization to sub-lease the property that concluded in violation of the projected agreement . The same view was seen in Barker v R that was said to be trespass to
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4.1 – The facts provided my client (Mr Ziebell) agrees with the removal of the tower due to size stimulated was approximately double in size witch was never agreed upon. In regards to the second structure there was no mention at all that Opfone needed or wanted to build a second structure.
4.2 – In regards to In Downing v WIN, we can differentiate the differences between the current facts were there was never any mention about a separate brick building were as Downing v WIN it was evidently a specification of the agreed terms. This shall support and determine that our client (Mr Ziebell) had not indented to give permission to build a second building. Due to this Opfone is in breach for conducting a third party that consisted outside of the projected terms of the original understanding between Mr Ziebell and Opfone, there for it is direct and not a substantial loss.
Recommendations
5.1 – Regarding the licenses issued to Opfone it should be instantly revoked with notice of breach for building a second building with out any consent and secondly sub-licensing without the consent of Mr Ziebell who never implied of expressed that the consent was
Gummow and Bell JJ concluded that clause 1 of the Deed signed Rural’s debts and its interests under the loan agreements to Equuscorp. Their Honours observed that the phrase “other remedies for these matters” located in clause 2 assigned a claim in restitution for money had and received . Heydon J agreed with this decision on similar grounds .
...o the purchaser of unregistered land should the disposition be ultra vires, assuming that there is no actual notice of such then overreaching can take place. This has now evolved into their being no requirement for absence of notice. In addition Section 70 (1) (g) of the LRA 1925 protected as an overriding interest the property rights of those in actual occupation of the land as described by Lord Denning MR:
The Telecommunications Act of 1996 can be termed as a major overhaul of the communications law in the past sixty-two years. The main aim of this Act is to enable any communications firm to enter the market and compete against one another based on fair and just practices (“The Telecommunications Act 1996,” The Federal Communications Commission). This Act has the potential to radically change the lives of the people in a number of different ways. For instance it has affected the telephone services both local and long distance, cable programming and other video services, broadcast services and services provided to schools. The Federal Communications Commission has actively endorsed this Act and has worked towards the enforcement and implementation of the various clauses listed in the document. The Act was basically brought into existence in order to promote competition and reduce regulation so that lower prices and higher quality services for the Americans consumers may be secured.
3. - Housing Devon is also stressed because her land lord has put his property for sell. Devon received very little warning about it and would like to know her rights. Devon is planning to move to live with her boyfriend and is considering moving to the North. Attempted phone call to
The first conundrum involving this property and the laws pertaining to JTWROS is the issue of Martin’s friend and cotenant Peter, who stated in his will that he was leaving his interest in the property to his son. In this case, it would seem that because Otis has been treating the land as his own, while living on it openly and notoriously for over twenty years, that it is likely that Martin would not be able to make a strong case against Otis, and that Otis would take possession of the land. The next major issue for Martin is the case of his beach house getaway and the city trying to take it by eminent domain to make room for a new resort. In the case of Kelo v. New London (2005), the city of New London was granted the right to use eminent domain in taking the private property of residents to be used for economic development purposes.
First of all, I did make my case to BBB regarding this conflict with Provision Optical. Due to BBB's limited legal jurisdictions over the case,
Jim has come for advice about easement and he wants to exclude Jesse’s clients from the car park. The fact suggests that the easement was created by the previous owner and registered under Torrens. By registration, the easement and the accompanied plan will be transferred and into Jim’s certificate of title-schedule 2 . It is an express easement and it is legal; not equitable. It is also indefeasible as no exception appears to apply in this case. Jesse is a dominant tenement (“DT”) as he owns the land that benefiting from the right of car park and Jim is a servient tenement (ST”) as he is burdened by the easement. In order to advise Jim if he can exclude Jesse’s clients from the car park, the validity of the Easement will need to be examined. Furthermore, it is essential to determine if the Easement is extinguishable.
Major issues face by OneTel is that the company structure was not developed, in which lead to ineffective communication. In its operation, One.Tel run high centralization as the managers only do what Jody told them. He creates the leadership turnover since he liked promoting the yes man and humiliated managers who brought problems to his attention, therefore, there are high staff turnover. He also did not accept any opinions from others and used his authority to manage the company. Furthermore, he focused too much on advertisement in taking in the new customers. He was too autocratic which made the employees unable to exercise their ability in solving problem.
Ken advised dispatch he wanted to file a report for trespassing, but did not want to see a deputy right at the moment. I contacted Ken by phone and inquired about the trespassing. Ken stated every fall when hunting season starts, he finds evidence that someone is trespassing on his property around the house, and near Brush Lake. Ken stated he found his gate open & that someone tore down his no trespassing sign on the gate. The value if the sign is $5.00.
part of the Doctrine Hedley Byrne and Co. Ltd V Heller and. Partners Ltd (1964), Rondel V Worsley (1969).
The goals of the Telecommunications Act of 1996 included deregulation of the telecommunications sector and increased competition. The Act did deregulate the sector and increase competition, but the Act created regulatory issues. The regulatory issues include but are not limited to compliance issues, organizational issues and...
Every organization has certain issues the one who deals with those issues may lead to a successful organization, Optus is one of the major organization or the business related to the communication as it’s one of the major network provider in Australia. Critical issues in this organization is mainly related to two types Internal and External contextual issues which is short are the issues occurring in an organization such as proper management of staff, customers, providing the genuine service as per the customers comment etc. On the other hand External issues are the issues relating to the Network, satellite problem, technical support at the base stations and much more apart from all these issues there are few other factors business competitors
Press Release, Judgment of the Court of Justice in Case C-84/94, United Kingdom v Council, 12 November 1996.
The victim reported the calls to the police. Police installed a pen register without a warrant or court order at the central telephone center, and used it to eventually identify the defendant and arrest him. The defendant contended that the pen register violated his fourth amendment rights as due to privacy of the number from his home phone. This was moot per the book as the pen register was installed at the central telephone company. In this context, defendant Smith could not claim property invasion per the text as the register was not on his property. Third party doctrine applies as the telephone company also uses the pen register to correctly bill telephone number accounts. The Fourth amendment further does not apply as the defendant claims the pen register is a listening device, however, it only records outgoing numbers dialed. Another device called tap and trace devices record in and outgoing. Finally, the defendant in dialing the victims phone number takes risk into his own hands that a 3rd party could intercept the number. Banks also suffer from privacy issues due to
Victorian Stevedoring & General. Contracting Co Pty Ltd & Meakes v Dignan (1931) 46 CLR 73