Equity and trust law assignment, The WritePass Journal

Equity and trust law assignment, Question 1 Equity and trust law assignment, ). Pearce. R and Stevens. J, The Law of Trusts and Equitable Obligations, OUP Oxford, 4th Edition, (2006 Cases Armitage v Nurse [1998] Ch 241, 251 Bahin v Hughes [1886] LR 31 Chd 390 Cowan v Scargill [1985] Ch 270 Green v Ontario   [1973] 2 OR 396 DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties (1980) 1 NSWLR 510 Kirby v Wilkins [1929] Ch 444 Knight v Knight (1840) 3 Beav 148 McPhail v Doulton [1970] 2 All ER 228 MacJordan Construction Ltd v Brookmart Erostin Ltd [1992] BCLC 350 Morice v Bishop of Durham (1804) 9 Ves Jr 399 Nocton v Lord Ashburn [1914] AC 932 Re Baden’s Deed Trusts (No 2) [1972] 2 All ER 1304 Re Erskine 1948 Trust; Gregg and Another v Pigott and Others [2012] 3 All ER 532 Re London Wine Co (Shippers) Ltd [1986] PCC 121 Re Rose [1952] Ch 499 Re Smith [1896]   1 Ch 71 Re Vickery [1931] 1 Ch 572 Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch) Saunders v Vautier (1841) EWHC Ch J82 Speight v Gaunt (1883) 9 App Cas 1 Target Holdings v Redferns [1996] 3 WLR 352

Organisational Change Management Essay Example | Topics and Well Written Essays - 2750 words - 2

Organisational Change Management - Essay Example An act that has seen it do quite well in maintaining competitive position in the face of growing competition. However the impact imposed on the company by the recent economic intrigues has made the management to rethink on the strategic planning to keep the company afloat by reducing cost as quickly as possible to enable its survival. It is with this in mind that the management has resolved to stop producing some components in its line of production and concentrate on the production of other components on fewer more promising sites. A decision that the subordinates are yet to know as it is only discussed by a few senior managers of the firm. The new plan as decided by the senior staff will involve the expansion of the company’s main firm at Blois, France. This is because the plant at Blois has the most advanced technological advancements in terms of manufacturing and the factory is not yet working to capacity thus, increase in production at Blois is projected to produce a redu ction is cost. The UK based factory is set for closure because it is considered as having relatively more outdated manufacturing technologies as compared to the other sites. Consequent to these new strategies, the employees and stakeholders in the UK manufacturing facility are bound to be baffled by the news since, according to them; they expected a major boost and development in their plant. Besides, the closure will lead to redundancies and lack of or minimal opportunities for redeployment and access to alternative jobs since only one group of the technicians is encouraged to move to Blois. Other impacts such as the loss of the an international and vital market at Didcot, failure of the development engineers to relocate and a fear of job insecurity among the employees in the other factories based in Spain and France are inevitable once this new strategy has been announced. Definition In the D2 case it is important to note that organizational change is required. This is as seen by the dwindling income from the plants put in place by the firm at various sites. The economic trends and the problems it has brought have been dealt with through application of proper change in the operations and productions. The economic recession that has led to the reduction in the profits and returns that the company was making prior is considered as an environmental pressure that forces the management and leadership to come up with a change plan in a bid to allow the company to survive. As a result of this environmental pressure, which is the major problem facing the firm, it is forced to find a way of reducing the amount spent servicing one branch(UK branch) that does not seem to promise good returns hence high costs yet low returns. Therefore, one great challenge for the firm is to find a way to curb the problem of high cost which is an environmental pressure (Barnes, 2004). The management on its part has decided on closing the UK-based factory due to its inability to produce the required threshold. Another issue notable in the D2 case is the leadership and management. This is a very important aspect of a company that requires proper and careful consideration in the organizational change. The leaders and mangers in the organization are like the drivers of the vehicle and determine where it goes depending on how they choose to deal with the situations that arise and require an action of change within the company

Strategic Management of Human Resources Essay Example | Topics and Well Written Essays - 5250 words

Strategic Management of Human Resources - Essay Example 1. The strengths based approach encourages people "to focus on aspects of work organization that lead to success rather than trying to correct failures" (case study). In this sense its approach to managing workforce is different from the SHRM approach. The SHRM approach focuses on types of people and skills needed, while the strengths based approach applies a wider perspective. It draws not on skills or things that people are good at, but on strengths which are defined as "pre -existing capacities for a particular way of behaving, thinking or feeling that is authentic and energising to the user and enables optimal functioning, development and performance". 2. SHRM is concerned with the contributions human resource strategies make to organizational effectiveness, and the ways in which these contributions are achieved (see Boxall & Purcell, 2000 and Delery & Shaw, 2001). The strengths based approach interpreted with regard to the SHRM model, is also a human resource strategy to increase organizational effectiveness. ... In this sense the strengths based approach can be seen as HPHRS since the focus is not on achieving a set organizational goal or being concerned with work systems or context, the idea is to change the organizational culture so that overall business performance improves (case study). However achievement of certain goals may still be targeted as seen in the case study where the board is allotted projects according to their strengths. As working on these projects is more energizing for the people since they are better matched to the types of tasks, better organization performance can be hoped for. It is about "focusing on aspects of work that lead to success". 3. The strengths based approach fits with what the SHRM scholars have suggested, for example, they suggest that certain employee behaviors and certain human resource strategies produce certain employee behaviors, and that the task of the human resource strategist is to uncover and test these linkages (Cappelli & Singh, 1992; Schuler & Jackson, 1987). Strengths based approach, does not identify behaviour but is a human resource strategy that matches strengths of people to certain tasks. Thus the SHRM strategist is needed to make these links between people and roles based on strengths assessment in a strengths based organization. 4. Interpretation of the strengths based approach according to the 5 Ps model of SHRM (Schuler & Jackson, 1987) is given below: 1. Philosophy- How the organization values and treats its employees. Essentially the culture of the organization. In the case study, BAE values its leadership team despite their apparent inability to solve certain tricky projects. Instead of classifying them as lacking in certain way, the organization shows respect for its people and changes

Article Analysis on Mate Selection Essay Example for Free

Article Analysis on Mate Selection Essay The entire article is based on evolutionary psychology and the title of the article is Mate Selection criteria: A trait desirability assessment study of sex differences of Serbia. The entire paper examines the predictions from socio-structural perspective and evolutionary on sex differences in the mate selection in Serbia. There were a total of 127 respondents that were taken from Serbia and the respondents were mainly college students. The method of Likert scale was used and they were questioned about 60 behavioral traits and personality traits. Differences were obtained on the basis of perceived desirably of strengths, self pity, fragility, thinness’s and beauty. The males in this study consider these traits as more desirable and the females valued strength of the male positively. Female respondents are more concerned with the physical appearance of their partners. Similarly, in this study females are also concerned about the socio-economic class of males. A generalized approach cannot be used in this study because Serbian people are distinct in their culture. Similarly, in this study both sexes are attracted with each other on different factors like sexual attractiveness, beauty, socio-economic factors etc. The purpose of the researcher was to evaluate the sex differences in Serbia. However the actual hypothesis of this research paper is based on the functionality of mate selection criteria that is based on the perspective of subordinate position of women. The entire research was carried out by Bojan Todosijevic, Snezana Ljubinkovic, and Aleksandra Arancic (Todosijevic, Ljubinkovic, Arancic, 2003). The research was headed by the department of psychology which belongs to the University of Novi. As far as the findings of this research is considered quantitative analysis is used in this the entire research to evaluate the findings of this research. Findings of this research depicts that the traits that are assessed are sincerity, tenderness, passion, maturity, intelligence and etc. The desirable traits among both the sexes are courage, thinness, talent for sports, beauty, elegance, aggressiveness and etc. Both the sexes agree on the general ordering of the traits but the research have identifies certain significant differences statistically. Males consider the traits of self-pity, thinness, beauty; fearfulness as more desirable and the probability of these traits are less than 0. 1. Findings suggest that men scored quite higher on the former items and the character traits were considered to be more desirable by the females. Discussion of the topics with respect to the article The topic of selecting a life time companion and the topic of comparison levels can be related with this research paper (Anderson Sabatelli, 2007). Certain traits are discussed in this research paper and the through different statistical tools the results are evaluated. In both the topics of the text book the traits are discussed and both the topics evaluate that effectiveness of traits. The phenomenon of how to select an appropriate life partner is discussed and what should an individual do when he/she is selecting its soul mate. Similarly, the other topic of comparison levels discusses the comparison levels between the two sexes. In this research paper research is conducted on the traits of males and females and how both of them select their partners based on these traits. The phenomenon of Likert scale is used in the entire research. Conclusion The hypothesis in this research paper was formulated on the basis of evolutionary psychology. The results of this paper depicts that males give more preference to physical attractiveness of their potential mates. On the other hand women consider socio-economic factors like success in job, capability to earn and wealth related factors as important. The traits that are discussed in this research paper are dependent on culture and it varies with culture to culture. All the traits are evaluated in this research and generalized results are attained from the study (Todosijevic, Ljubinkovic, Arancic, 2003). The hypothesis that was derived with higher socio-economic interpretation that was related to women should be considered as less important as compared to the hypothesis on evolutionary psychology. In the entire research paper different traits were evaluated and results were achieved through Likert scales. Before reading the article one cannot depict that which traits are more important for women and for men and since the entire article talks about traits and their effectiveness that is the reason why it becomes quite easy to filter out which traits are necessary for men and which are important for women. Statistical analyses are used in this article which helps the reader in finding the viability of the results. This article can definitely help an individual in selecting its partner and after reading this article one can check the traits discussed in this article with the traits that are present in his/her partner or the traits which he/she desires for (Todosijevic, Ljubinkovic, Arancic, 2003). References Anderson, S. , Sabatelli, R. (2007). Family Interaction: A Multigenerational Developmental Perspective. Allyn Bacon. Todosijevic, B. , Ljubinkovic, S. , Arancic, A. (2003). Mate selection criteria: A trait desirability assessment study of sex differences in Serbia. University in Novi.

There are no Truly Victimless Crimes Essay -- essays research papers

A man chooses to take cocaine. He understands the risks he is taking, and he believes that taking the cocaine is worth the risk. Should he be allowed to take the drug? Or should the government force him to abstain from it, in his own interest? He is not hurting anyone but himself, so why should there be a law against it? This debate has raged since the beginning of civilization. J. S. Mill, in his Essay on Liberty, takes the position that is commonly accepted: the government should not interfere with matters that do not involve more than one person. These matters are often called "victimless crimes." Mill - along with the majority of people in today's world - claims that if a person commits a crime against his or herself, such as harming the body by taking certain drugs or suicide, the person should not be prosecuted. The argument is that no other person is affected. All involved parties consent to the arrangement, so they should be responsible for whatever happens. A few com mon victimless crimes are prostitution, taking harmful drugs, and suicide. These are perceived as having no negative effect on anyone but the people who agreed to accept the negative effects. In reality, all victimless crimes cause problems for other members of society. J. S. Mill did not understand that "victimless" crimes do not actually exist. Prostitution is one of the most debated of the victimless crimes, because the US has been "slow" in adopting it legally. Only ten Nevadian counties out of the entirety of the 50 United States have passed laws that legalize prostitution, while in Holland prostitution is a recognized occupation. Holland even has a union for prostitutes. It is argued by proponents of legalized prostitution that the business is ... ... cases, this can go so far as to cause suicide by a survivor, repeating the cycle. Besides those negative psychological effects, survivors of suicide usually experience some need to place blame. This can either be manifested in anger towards the suicidal person, to a third party that may have the blame placed on him, or on the survivor himself. It is very common for a survivor to feel self-loathing and to entertain the idea that there was something that could have been done to save the lost loved one. Suicide is not a victimless crime. These are only three of the "victimless crimes" that have been postulated by people such as J. S. Mill. While he may have had strong urges for social liberty, he never understood the fact that there is no such thing as a victimless crime. All crimes have a victim, and no amount of philosophy or political theory can change that.

Evaluation of a Playoff System for Bowl Games Essay

Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Bowl games are designed as the culminating event between colleges that topped in their division during the regular college football season. Begun in 1902, the first bowl game between Michigan and Stanford was concocted to arouse interest in the Tournament of the Roses and to generate greater tourist interest and, subsequently, more income. With Stanford’s defeat, the tournament was put on hold and was resumed in 1916, but it was not until 1923 that its was held at the newly-built stadium called the Rose Bowl, thus the contest was called the Rose Bowl game. Subsequent bowl games organized took the â€Å"Bowl† moniker as a testament to the success of the Rose Bowl games. (â€Å"College bowl games†) Source:BSC Conference at Wikipedia from   http://upload.wikimedia.org/wikipedia/en/5/53/BCS_Map.PNG There are many bowl games formed since then. Some are one-shot deals, others considered â€Å"toilet† bowls, denoting less than successful plays by participating colleges, notably the 1983 bout between Michigan and Michigan State and the 1987 match-up between Kansas and Kansas State. (â€Å"Bowl game†) Currently there are four major bowl games that host the Bowl Championship Series in turns: the Rose Bowl in Pasadena, California; the Orange Bowl in Miami, Florida; the Sugar Bowl in New Orleans; and the Fiesta Bowl in Arizona. The games are normally played from mid-December until mid January.   These are the Bowl Championship Series (BCS) bowls, while 27 other bowl games are considered non-BCS bowls. (â€Å"Bowl game†; Bowl Championship Series)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This paper will evaluate the possible application of the play-off system on college bowl games and the impact on non-BSC bowl games. NFL Playoffs system for Bowl Games   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The National Football League (NFL) play-off is the elimination round of currently the 6 top teams from the American Football Conference and the National Football Conference. Each conference produce four division champions seeded 1 to 4, and two wildcard qualifiers, seeded 5 and 6. The teams play within their divisions to determine the Division Playoff winners who will then compete against their opposite number in the Super Bowl. (NFL Playoffs)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The BCS was formalized in 1998 when it replaced the Bowl Alliance as the ultimate face-off in the bowl games. Two teams are selected from the top teams from the NCAA Division I-A bowl game conferences, which are the Atlantic Coast Conference, Big 12 Conference, Big East Conference, Big Ten Conference, Pacific Ten Conference and the Southeastern Conference. Colleges which are not part of these conferences and independent schools are not barred from the selection process but the chances of being selected for the coveted two slots were small because of the system of ranking employed in bowl games for the National Championship game. (â€Å"BCS conference†)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is an ongoing debate regarding the system of ranking in bowl games, which will eventually determine which two teams will play in the National Championship game. There are claims that the system, based on coach polls, computer-constructed polls, strength of schedule (win/loss ratio) and losses, was not equitable, too complicated, and produced ambiguous results. Polling produced issues of bias in ranking towards bowls associated with BCS conferences, leaving non-BCS conferences out of the running. Moreover, it is asserted that the absence of a playoff discriminates against teams that have lower ranking even though actual games win/loss ratio for the season should have guaranteed at least a fighting chance to compete in the National Championship. (Bowl Championship Series) Compared to the head-to-head match-up that prevails in the NFL playoffs, it would seem logical to go down the path of the tried and tested. Winners of the NFL playoffs are undisputed with no messy rankings to confuse the issue of which team was the best. However, one can argue that the motivations behind the NFL and bowl games are completely different. Bowl games are college football games, providing training for athletes after the football season that otherwise would not happen. This is the reason why many coaches encourage them. Bowl games are considered more as a source of entertainment for football fans post season in hopefully congenial surroundings. (Nelson)   Of course, the organizers were impelled by more pecuniary motives.    Currently, the major bowl game conferences generate more than US$100 million a year in sponsorship and media cdontracts, even more if the proposed new system, where a fifth bowl will be included, is implemented. (â€Å"Six conferences retain automatic bids†) However, for many colleges, especially non-BCS ones, the main purpose of the games remains.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The playoff system works for the NFL, but for bowl games it would alter the whole complexion of the sport. Because of the way the rankings are determined, each of the games in the regular college football season assumes equal importance. The win/loss ratio will not guarantee top place because the system of averaging, the polls and losses can bring the ranking down even with just one botched game. A playoff system would discourage teams from playing all out in all the games because the chances of a top contending team being pulled down by one game is not going to happen.   Ã‚   Moreover, a playoff system would encourage college teams to reserve their best plays and strategies for the all important match-up at the end of the season.   (Willson)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There have been some suggestions for the improvement of the bowl game ranking system by its combination with some characteristics of the playoff. Giles asserts that the BCS system is useful in determining the top college teams during the regular season; it is only when it comes to the top two teams that they run into issues. With this in mind, it is suggested that at the end of the season, the top 8 teams would selected based on existing BCS eligibility requirements for the National Championship game. Automatic berths based on conference would be eliminated, giving a fair chance for all colleges to compete. It would discard the one-team-per-conference rule but retain the hosting of the event among the Rose, Fiesta, Orange and Sugar Bowls. Elimination rounds among the 8 teams will eventually lead to semi-finals that would determine which two teams will go on to the National Championships.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It sounds reasonable but it might just exacerbate the situation because it presumes that the ranking system in the bowl games is reliable, which, as stated earlier, it is not. This is the whole point of the controversies surrounding the bowl games. Using the present ranking system will most probably result in the same BCS and traditional teams being chosen as the eight teams contending for the playoffs, so the inequity will still exist. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It would seem that implementing an NFL play-off system in bowl games would result in an unwelcome shift in the general motivation behind the game.   It also appears it would not greatly improve the chances of non-BSC bowl games in being represented in the BSC and the National Championship in its current state. For the 27 non-BSC and independent bowl games that continue to play, the rationale behind bowl games does not require affirmation from the BSC. Bowl games are essentially a chance for college students to enjoy the chance to see competing colleges compete against each other after the end of the season. It provides relief from academic pursuits inspires student loyalty towards the learning institution and provides additional public exposure for aspiring athletes. Coaches encourage it as a means for additional training for the next season and communities benefit from it by encouraging tourists. Bowl games will continue to be enjoyed, with varying degrees of financial success, by those who count: the players, their fans, the community and the colleges Works cited â€Å"Bowl game.† Wikipedia, The Free Encyclopedia. 5 Jan 2007, 04:06 UTC. Wikimedia Foundation, Inc. 21 Jan 2007 . â€Å"NFL playoffs.† Wikipedia, The Free Encyclopedia. 17 Jan 2007, 23:51 UTC. Wikimedia Foundation, Inc. 21 Jan 2007 . Nelson, Loren. â€Å"Are college football bowl games meaningless?† NCTimes.com. 16 December 2006. 23 January 2007 Alder, James. â€Å"BCS vs. Playoff System.† About.com. 2007. 24 January 2007 Giles, Alex. â€Å"The proposed marriage of the BCS and a playoff format.† About.com. 19 November 2002. 23 January 2007 Willson, Charlie. â€Å"Playoffs vs. Bowl Games: College Season Too Good to Change.† MindSpring. 2007. 24 January 2007 â€Å"College bowl games.† Hickoksports.com. 26 November 2006. 24 January 2007 â€Å"Six conferences retain automatic bids.† Associated Press. 1 March 2004. 23 January 2007 â€Å"Bowl Championship Series.† Wikipedia, The Free Encyclopedia. 20 Jan 2007, 23:00 UTC. Wikimedia Foundation, Inc. 24 Jan 2007 . â€Å"BCS conference.† Wikipedia, The Free Encyclopedia. 9 Jan 2007, 16:41 UTC. Wikimedia Foundation, Inc. 24 Jan 2007 .   

JUNG Surname Meaning and Origin

The Jung  surname means young, and was often used to distinguish the younger of two men with the same name, such as a son from a father or the younger of two cousins. It derives from the German word jung, from the Middle High German junc, meaning young. YOUNG is the English variant of the surname, while JAROS is found in Poland. According to Dictionary of American Family Names, Jung can also be a variant of the Chinese name Rong, or Korean name Chong. It is a common surname in both countries. Surname Origin: German, Chinese, Korean Alternate Surname Spellings:  JUNK, YUNG, YONG, YOUNG, YOUNGE, JAROS Where in the World is the JUNG Surname Found? The Jung surname is most common in Germany, according to WorldNames PublicProfiler, especially in the states of Saarland and Rheinland-Pfalz, followed by Hessen and  Thà ¼ringen. Other top regions for Jung include Alsace, France, and Grevenmacher, Luxembourg. Surname distribution maps at Forebears identify Jung as the 5th most common surname in South Korea, the 35th most common surname in North Korea, and the 39th most common surname in Germany. It is also the 10th most common last name in Thailand. Famous People with the Last Name JUNG Carl C.G. Jung - Swiss psychiatrist, founder of analytical psychologyChan Sung Jung - Korean MMA fighterRudolf Jung - instrumental force of Austrian National Socialism; member of the Nazi partyJohann Heinrich Jung - German author who wrote under the name Heinrich Stilling Genealogy Resources for the Surname JUNG How to Trace Your German AncestryLearn how to trace your German roots back to the old country and beyond, from gathering information on your family to locating your ancestors German hometown to accessing vital records, passenger records and church records in Germany. German Genealogy Databases and Online RecordsResearch your German family tree online in this collection of online German genealogy databases and records.   Jung Family Genealogy ForumSearch this popular genealogy forum for the Jung surname to find others who might be researching your ancestors, or post your own Jung query. FamilySearch - JUNG GenealogyExplore over 9 million historical records and lineage-linked family trees posted for the Jung surname and its variations on the free FamilySearch website, hosted by the Church of Jesus Christ of Latter-day Saints. The Jung Genealogy and Family Tree PageBrowse genealogy records and links to genealogical and historical records for individuals with the Jung last name from the website of Genealogy Today. References: Surname Meanings OriginsCottle, Basil. Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967.Menk, Lars. A Dictionary of German Jewish Surnames. Avotaynu, 2005.Beider, Alexander. A Dictionary of Jewish Surnames from Galicia. Avotaynu, 2004.Hanks, Patrick and Flavia Hodges. A Dictionary of Surnames. Oxford University Press, 1989.Hanks, Patrick. Dictionary of American Family Names. Oxford University Press, 2003.Smith, Elsdon C. American Surnames. Genealogical Publishing Company, 1997.