In responding to Mr. Alan Geason’s paper titled: “Legal Issues in Business,” I agree with the legal issues that was presented as well as the biblical reflections as referenced to Job and suffering. Even though Barney has been dealt with some unfortunate circumstances, there is something redemptive with overcoming and persevering through obstacles. For Barney, he is faced with legal issues involving his mountain home property, his beach house, and his 1963 Ford Galaxy vehicle. The Mountain Home
In the case of Barney and his mountainside property, the issue of joint tenancy with right of survivorship is rightly addressed. Joint tenancy with right of survivorship defined is: “A method of property ownership by more than one person. Under joint tenancy with right of survivorship, when one of the owners dies, the property passes to the surviving owners” (Webster’s New World Finance and Investment Dictionary, 2003). So it is clear that Opie by definition does not have a claim or right to the property at the passing of his father, Andy.
“A large number of joint tenants select the tenancy precisely because of the high degree of assurance that there will be no entanglement with probate” (Orth, 2009). Mr. Geason also gives wonderful reason in not pursuing any legal action against Ernest living on the property because of adverse possession. “Most states provide that when a person openly treats realty as his or her own, without protest or permission from the real owner, for a statutorily established period of time, ownership is automatically vested in that person” (Kubasek, Brennan, and Browne, 2012). The Beach House
Mr. Geason is right in bringing up the eminent domain as a legal way to seize Barney’s home property. Mr. Geason cited the famous case of Kelo v. New London. In this case, the Supreme Court in 2005 sided with the city of New London in seizing private property for revitalization and development in order to bring new jobs and stimulate the economy. Barney should be given fair market value for his beach side home. Rather than a long drawn out court battle, Barney should settle with the city. The Ford Galaxy Automobile
Mr. Geason makes a good point with discussing the rightful possession of the vehicle’s title. It is clear that Carl was at fault for stealing the vehicle and then trying to sell a stolen vehicle. The used car dealership was at fault for not acquiring a lawful title at the time of purchase. It is clear that Barney should not have to pay any amount of money to have his car returned. The Spiritual Principle
Barney has been given some very hard circumstances that can make any average person feel sorry for him. Mr. Geason gives the right analogy of Barney’s dilemma to the story of Job in the Old Testament.
There can always be something gained spiritually from a situation that turns for the worse when we are pursuing a continuing love relationship with God. “Job, like other righteous sufferers–e.g., Daniel in the lion’s den (Dnl. 6)–serves as an example to encourage others who find their faith severely tested. In the New Testament (Jas. 5:11) Job is commended for his patience or steadfastness” (Bromiley, 1982). Sacred scripture gives us the spiritual principle that God is always at work, even in and through suffering, pain, disappointment, and setbacks. “And we know that all things work together for good to those who love God, to those who are the called according to His purpose” (Romans 8:28). Encouraging Barney to seek God in these setbacks is the key to growing spiritually and becoming all that God wants him to be.
ReferencesJoint tenancy with right of survivorship. (2003). In Webster’s New World Finance and Investment Dictionary. Retrieved from http://www.liberty.edu:2048/login?url=http://www.credoreference.com/entry/wileynwfid/joint_tenancy_with_right_of_survivorship Orth, J. V. (2009). The perils of joint tenancies. Real Property, Trust, and Estate Law Journal, 44(3), 427-440. Retrieved from http://search.proquest.com/docview/208162304?accountid=12085
Kubasek, Brennan, and Browne. (2012). The Legal Environment of Business. A Critical Approach, Law of Property: Real and Personal (Ch. 14). Pg. 382. Pearson Education, Inc., Upper Saddle River, New Jersey. ISBN-13;978-0-13-266484-4.
Bromiley, G.W. (1982). Suffering. The International Standard Bible Encyclopedia, Vol 4, pg. 651 191 ISBN 0-8028-8162-9.
The Spirit-Filled Life Bible (1991). Thomas Nelsen. The Holy Bible, New King James Version ISBN 0-8499-1222-9.