Tuesday, May 26, 2020

The John F Kennedy Essay Topics Game

The John F Kennedy Essay Topics Game There are lots of similarities between the two and in addition, there are some differences. The most frequently encountered sort of English essay is one which focuses on analysis of a part of literature. All you need to do is contact an expert essay writer at MyPerfectWords. The intent of any expository writing is to reveal the qualities of notions indicated in the subject. To begin writing an amazing rhetorical analysis essay, the first thing springs to mind is the rhetorical analysis essay topic ideas. Our writers supply the very best writing services and can help you compose a productive essay. They show the writer the purpose of the text he will write. Kennedy begins by attempting to establish credibility with his student audience by using ethos. While international issues demanded a great deal of attention, Kennedy also had to address serious problems here in america. Here are 25 things you may not have known about JFK. He implies that he is very willing, and wanting to have a peaceful world, and not have to use this deadly method of war, but as long as there is a threat about, we must be prepared to do what must be done. Getting the Best John F Kennedy Essay Topics We can truly reside in harmony. This propaganda isn't just in the United States but widespread around the world. Man holds all the power in hishands. A deductive essay is a significant factor whilst evaluating the degree of students' knowledge in quite a few courses. We know this is among the most significant assignments of the term and you cannot afford a bad grade. Our Essay Competition invites students to explore a wide selection of challenging and intriguing questions beyond the boundaries of the school curriculum. John F Kennedy Essay Topics Fundamentals Explained Using NFL jerseys is quite common. With personalized jerseys of the NFL, you're sure that you've got the ideal design. Together, we're making a difference. The fundamental trick of making some bit of writing impressive and exciting is to concentrate on the subject of your interest. The loss was one of the most difficult moments for the president and the very first lady. I think that it represents a genuine important approach to set up kind of what the details of the debate are. On the flip side, if you select a controversial topic you have very little interest in, you'll find it rather tough to finish the assignment. After choosing the topic, go by means of this rhetorical analysis example with writing hacks to assist you in getting going on the actual writing process. It is far better than contemplating all on your own. Details of John F Kennedy Essay Topics The cops who'd normally secure the region have submachine guns and rifles. Something that will alter the nation and even the world for many years to come. It is a means to meet new men and women, too. You're waiting for a single person, one particular man to come down the road so that you can see him and experience his presence for a few seconds. Be wise and don't ignore your interest as it is but one of the chief keys to success. It doesn't matter to us, whether you're too busy on t he job concentrating on a passion undertaking, or simply tired of a seemingly infinite stream of assignments. Among the most notable methods is pursuing a wide array of scholarships and awards. So reflect on the degree of your knowledge before finalizing your choices. As you may believe that so as to create a superior original argumentative paper, you've got to devote all night studying, it isn't accurate. There are different kinds of cause and effect that someone may take into account. The majority of the times, you will have the option of picking the topics that you've discussed in your class. There's still a glass ceiling for ladies. Here's What I Know About John F Kennedy Essay Topics These only function as a section of the words which are most commonly connected with the assassination of former Democratic President, John Fitzgerald Kennedy. The report caused the arrest and sentencing of the suspect popularly called Oswald Lee. Due to his various medical conditions, Kennedy couldn't pass an appropriate physical examination. President Kennedy wants the identical concept to spread, but on a significantly broader scale.

Tuesday, May 19, 2020

Slaughterhouse Cases - Free Essay Example

Sample details Pages: 5 Words: 1510 Downloads: 3 Date added: 2019/08/02 Category Literature Essay Level High school Tags: Slaughterhouse Five Essay Did you like this example? After the spread of cholera caused by pollution, the state of Louisiana decided to seek a way of remedying the states current situation by passing a law in March 8th, 1869 (Skelton, n.d.). The law consisted of the prohibition of having slaughterhouses, slaughtering livestock, and keeping animals that were meant to be sold or slaughtered in New Orleans and some surrounding areas. This was to the exception of one slaughterhouse, Crescent City Livestock Landing Slaughterhouse Company, which through the established law, was granted a monopoly of the area for twenty-five years. Don’t waste time! Our writers will create an original "Slaughterhouse Cases" essay for you Create order The company was designed to comply with several rules established by the state which included allowing other butchers who were not in the company, to work in their land. Independent butchers were also now required to pay fees in order to have their animals slaughtered in the companys land. These enforcements were regarded as police regulation for the health and comfort of the people (the statute locating them where health and comfort required), within the power of the state legislatures (Skelton, n.d.). The Butchers Benevolent Association, a group of independent butchers, proceeded to challenge the law established stating that, according to the 13th and 14th Amendments, which at the time had only been passed a few years ago, it was unconstitutional (OBrien, 2014, p. 284). They claimed that working for Crescent City Livestock Landing Slaughterhouse Company could be classified or seen as a form of involuntary servitude since they only had the option to either work for them or not at all. Significantly, their main argument was that the 14th Amendment was being violated because the state was enforcing a law which abridged their privileges and immunities as citizens of the United States, and were ultimately not being granted equal protection of the laws while being deprived of property (Skelton, n.d.). A state court along with the Louisiana State Supreme Court stood by the law passed and ruled that the amendments mentioned were not being violated. This led to the Butchers Benevolent Association to appeal to the U.S. Supreme Court (OBrien, 2014, p. 284). Court Holding The Supreme Court ruled in favor of Crescent City Livestock Landing Slaughterhouse Company, the ultimate decision being five to four, stating that the 13th and 14th Amendments of the Constitution of the United States had not been violated. Justice Miller announced the majoritys (including Justices Clifford, Strong, Hunt, and Davis) decision, while Justices Field, Swayne, Bradley, and Chief Justice Chase dissented to the Courts ruling. The basis on the Courts decision was on the notions there is a distinction between state and U. S. citizenship, the recently-passed amendments were designated for the time in history that had taken place in regards to slavery, and the limitation of the extent of the privileges or immunities stated in the 14th Amendment section 1 of the U. S. Constitution. In the Courts majority opinion, Justice Miller declared that the intention of the 13th and 14th Amendments were mainly directed towards the African race, highly taking into consideration the period the country had just emerged from a few years prior. Justice Miller states No one can fail to be impressed with the one pervading purpose found in [the 13th, 14th, and 15th Amendments], lying at the foundation of each and without which none of them would have been even suggested; we mean the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly made freemen and citizens from the oppressions of those who had formerly exercised unlimited dominion over them (OBrien, 2014, p. 285). He proceeds to state that by this he does not mean that these amendments only protect African Americans, but instead that without having been in the previous era the country was in, these amendments would not have been brought upon. Moreover, while delivering the Courts majority opinion, Justice Miller stated that one of the most important observations is that there is a distinction between being a citizen of the United States and being a citizen of a state. He emphasizes that a person can be a citizen of the United States but can also not be a citizen of a state at the same time. He states that he notes this distinction because the next paragraph of this same section [of the article], which is the one relied on by the plaintiffs in error, speaks only of the privileges and immunities of citizens of the United States, and does not speak of those of citizens of the several states (Skelton, n.d.). Continuing on noting the distinction of dual citizenship, the Court states that the language used in the U. S. Constitution is that no state should enforce any law that abridges privileges specifically from U. S. citizens. Therefore, if the clause was meant to protect citizens of the state then those exact words would have been included (OBrien, 2014, p. 285). This proves to be a significant observation to which the justices declare that the phrasing used was done so for a particular purpose. On the dissenting side of this case, Justice Field delivered his stance on the Slaughterhouse Cases, stating that he did believe that the law passed by the state of Louisiana was unconstitutional. On his dissenting statement, Justice Field focuses on Section 1 of the 14th Amendment, first questioning what would then be considered privileges and immunities. He answers this question by stating that they are the those that which of right belong to the citizens of all free governments (OBrien, 2014, p. 287). Along with this statement, he adds that the words privileges and immunities were not merely added in the 14th Amendment, but were rather already incorporated in the Constitution previously in Article 4 Section 2 Clause 1 (Skelton, n.d.). This is important to note because Justice Field continues by stating that it should be clear that among the privileges and immunities of a citizen should be placed the right to pursue a lawful employment in a lawful manner, without other restrain t than such as equally affects all persons (OBrien, 2014, p. 288). Through this statement, Justice Field makes it not only clear that all people should equally have the legal protection to participate in a job that they may please, but that while this right may not be explicitly stated, it is a natural right to have, or sacred right as he further describes it. Another dissenting opinion came from Justice Bradley whose focus was on the due process clause incorporated in the 5th and 14th Amendments. He states that he finds that a law which impedes a citizen from pursuing a lawful employment (as Justice Field also describes) is a form of deprivation from their liberty and property without due process of law (OBrien, 2014, p. 288). He goes on to describe that the liberty would be the citizens right to choose and the property would be their profession (OBrien, 2014, p. 288). He adds that a monopoly is granting an exclusive right to only one company and limits the rest of the people, in this case butchers, from pursuing what they want. Moreover, Justice Bradley goes on to address the reason that was given for the purpose of the law passed in the state of Louisiana. The purpose stated was that it was for the benefit of the people due to the pollution and spread of cholera therefore, the law could be classified as a police regulation. To thi s, Justice Bradley argues that the portion of the act which requires all slaughterhouse to be located below the city, and to be subject to inspection is clearly a police regulation but what is not considered a police regulation is the part of the act which allows no one but the favored company to build, own, or have slaughterhouses (Skelton, n.d.). He states that a police regulation would not impose these types of infringements on individuals while granting an exclusive right to another. Constitutional Doctrine and Theory This case was able to bring upon a new light on the way the recently established 13th and 14th Amendments could be interpreted. As Justice Miller declares as he delivers the Courts majority opinion, this court is thus called upon for the first time to give construction to these articles, there was no precedent formerly established (OBrien, 2014, p. 285). The 13th Amendment had been ratified in 1865 while the 14th Amendment had only been ratified in 1868. Therefore, these two amendments were fairly recent that they had yet not gone under further scrutiny of any other potential they may hold. As of yet, these amendments were merely based on the abolishing of slavery and granting of citizenship rights to the newly freed men. The case proved to be extremely significant, not because it changed a previous precedent but rather because it established concepts such dual citizenship, and limited what privileges and immunities could further be interpreted as. It reaffirmed the meaning of the 14th Amendment, more specifically Section 1 which states that a state cannot enforce a law that abridges rights given to a U.S. citizen, making a distinction that the clause is not directly referring to state citizenship.

Friday, May 15, 2020

Fiduciary duties - Free Essay Example

Sample details Pages: 10 Words: 2961 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Duty Essay Did you like this example? Question One Fiduciaries have important obligations and duties some of which have been stretched to encompass areas which have not traditionally formed part of the duties. This assignment will explore some of these duties and discuss whether or not they have been stretched to there limit. It will be concluded that fiduciary duties are particularly onerous but that there are necessarily so. Don’t waste time! Our writers will create an original "Fiduciary duties" essay for you Create order The same conclusion will be made in relation to situations involving a breach of trust. Only a brief consideration will be given to both the obligations and duties of the trustee as well as what will happen in the event of a breach of trust, as this area is vast. It is first important to consider the distributive duties of the trustee as these are perhaps the most important and most off cited duties. In relation to distributive duties these can be divided into the powers of maintenance and advancement. The statutory powers of maintenance and advancement apply only in so far as a contrary intention is not expressed in the trust instrument[1]. In the case of IRC v Bernstein[2] the settler had directed that the income on his trusts should be accumulated during his lifetime and this was held to be evidence of an intention to exclude the statutory power to make an advancement of capital moneys. The court found that the settler had clearly intended that capital should not be distributed until his death. The direction to accumulate would, of course, be evidence of an intention to exclude the power of maintenance also. Prior to the enactment of the Trustee Act 1925 the settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention in relation to distributive duties was of utmost importance. These commonly allowed the trustees to apply the income for he à ¢Ã¢â€š ¬Ã…“maintenance or benefità ¢Ã¢â€š ¬Ã‚  of the infant, and as such, they gave the trustees a considerable discretion to pay money for the advantage of the infant, even if this also benefited the infants parents. Now, s31(1) of the Trustee Act 1925 contains an extensive power of maintenance that is available to trustees of qualifying trusts, unless an express or implied contrary intention appears. In Re Ransome[3] a similar direction to accumulate income was held to amount to an intention to exclude the trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ duty to pay income on accumulations under s31(1)(ii). This was in spite of the fact that the direct ion to accumulate was held to be void for perpetuity. The beneficiary in this case got the worst of both worlds. They did not receive the accumulations which the settler had intended should be made for their benefit, but neither did they receive the income released when the direction to accumulate was declared void. Re Ransome looks like a case where the settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s presumed à ¢Ã¢â€š ¬Ã…“contrary intentionà ¢Ã¢â€š ¬Ã‚  under s 69 (2)[4]. Specifically s 31(1) provides that, where a person has a vested or a contingent interest in a trust, then, during that personà ¢Ã¢â€š ¬Ã¢â€ž ¢s infancy, the trustees may pay to his parent or guardian (if any), or otherwise apply the income, for his à ¢Ã¢â€š ¬Ã…“maintenance education or benefità ¢Ã¢â€š ¬Ã‚ . Necessarily, what amounts to the maintenance, education or benefit of the infant will be a matter of construction in each case, and s31(1)(i) (b) makes it clear that the power may be exercised even if à ¢Ã¢â€š ¬Ã…“ any person is bound by lawà ¢Ã¢â€š ¬Ã‚  to provide or the infant. Unfortunately, however, this matter is not as simple as this, and the statutory power is subject to some important and confusing restrictions[5]. In relation to the power of advancement the situation is lot less complex. The power to give a beneficiary part of the capital sum to which he or she may be entitled under the trust, but in advance of the time the capital sum actually becomes payable (if at all). The idea is simply that the trustees may wish to pay over part of the capital to a beneficiary who is entitled in the future or only entitled if certain events occur. As stated in Pilkington v IRC[6] use of the power will accelerate a beneficiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s entitlement to capital, even if that entitlement is not certain, providing that to do so would be for the benefit or maintenance of that person. As with the statutory power of maintenance, the power ca be excluded by contrary intention[7] and no paym ent may be made which prejudices the rights of a person with a prior interest unless that person is of full age and consents in writing[8]. It is perhaps the most fundamental duty of a trustee that he should manage the trust in accordance with the terms of the trust. Any deviation from this obligation or from the obligations of trusteeship imposed by the general law will constitute a breach of trust for which the trustee will be liable personally. Necessarily, this liability can arise in many different situations, but it may be triggered by either a positive act of commission or a failure to act when action was required. Examples of the former include the distribution of the trust property to the wrong people or at the wrong time, investment of trust funds contrary to a restriction in the trust instrument and , of course, the use of the trust property for personal gain. Examples of the latter include a failure to distribute the trust property, failure to exercise discretion, fail ure to have the trust funds transferred to those persons employed to act on behalf of the trust. Any act or omission which violates the high standard of stewardship required of trustees or which is in contravention of the terms of the trust, or which amounts to inadequate performance of the powers and duties of a trustee, is a breach of trust. This fiduciary duty is strict and it is enough that the trustee has committed the act or omission which amounts to a breach of trust. It is irrelevant for liability whether the trustee knew he was committing a breach of trust and did so for his own benefit, was reckless as to the possibility of a breach occurring, was negligent of the same or was entirely innocent and honest. Thus, it remains a breach of trust for even if he believed he was acting in conformity with the terms of the trust[9] and did so in the belief that his action was in the best interest of the beneficiaries[10]. Indeed although the entirely innocent trustee can ask the c ourt to relieve him from the full consequences of liability, it is clear that the obligations of trusteeship are far reaching and powerful and even the most judicious and careful of trustees may not escape an action for breach of trust. The only possible exception to the strict nature of the liability for breach of trust is where the breach was entirely technical, was undertaken for the benefit of the beneficiaries and was such that the court would have authorised it had the trustee sought its permission in advance[11]. It is therefore concluded that this area of law is particularly difficult and strict and that it has been expanded a great deal. However it is argued that this is necessary in order to encompass the increasing incidences of such duties and the increasing variety of situations in which a trust is created. In order, much like any area of law, to reflect the true position and address beneficiaries interests the law must be stretched to its limits in order to encompas s the needs of such beneficiaries. So whilst the statement can said to be true, it by no means suggests that is a negative situation. Beneficiaries in all circumstances should have their interests protected. Question 2 The first issue that arises is the flat that is to go to Natasha. Davina will technically become the legal owner of the estate of the deceased, although he is obliged to exercise the rights of ownership in accordance with the wishes of the deceased. Davina therefore holds the property that was lost. The essential duty imposed upon a trustee is to distribute the trust property according to the wishes of the settlor or testator and in conformity with the terms of the trust, and this cannot be delegated to an agent or professional advisor[12]. This question also raises issues in relation to the law of secret trusts. In essence, secret trusts are those trusts which operate in relation to testamentary disposition but where either the very fact and details of the t rust are not declared in the testatorà ¢Ã¢â€š ¬Ã¢â€ž ¢s will (fully secret trusts) or where, although the facts of the trust is declared in the will, the identity of the beneficiaries is not (half secret trusts).[13] This is a half secret trusts as the facts of the trust have been declared in the will but not the identity of the beneficiaries. Secret trusts are regarded as valid and enforceable despite the fact that they do not comply with the strict requirements of formality found in s9 of the Wills Act 1837. The terms of the legacy to the RSPCA are equivocal. In order for the will to impose a trust on the legatees, the words used must be sufficient to impose a trust obligation as a matter of law; there must be certainty of intention. In order to create a successful trust there must be certainty as to the nature and the extent of the trust property[14]. The validity of a trust will depend on à ¢Ã¢â€š ¬Ã…“first, that the words must be imperative, secondly, that the subject ma tter be certain and thirdly, that the object must be as certain as the subject[15].à ¢Ã¢â€š ¬Ã‚  Certainty of intention means that must make it clear by the words he uses that the holder or transferee of the property is under a mandatory legal obligation to carry out his wishes so far as the law allows. Borris has made it clear that Davina is the executrix of the will and therefore holding the trust property for the benefit of the beneficiaries. Certainty of subject matter is an equally vital element in the formation of a trust. This can be said to be the case here as both the trust property is clearly defined or definable and the interests of the beneficiaries are easily defined or definable. Certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. The beneficiaries are clearly defined here. Next we must deal with the money that is to go to the Littleton Branch of the League of Cruelty to Animals. Borris has instructed that the money should go to the à ¢Ã¢â€š ¬Ã…“such deserving members of the Littleton Branch of the League of against Cruelty to Animals and if this gift should fail the money should go to the RSPCA. As discussed certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. First it is necessary to determine the nature of the trust affecting this donation as this will help determine whether there is certainty of objects of the reversionary class. The money is to be divided to the à ¢Ã¢â€š ¬Ã…“members of the LCAà ¢Ã¢â€š ¬Ã‚ , and thus Borris has fixed a class. The trustees have discretion to apportion the trust property among the class à ¢Ã¢â€š ¬Ã…“as they see fit.à ¢Ã¢ ‚ ¬Ã‚  This part of Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s will therefore discloses a discretionary trust for the class or a special power of appointment given to the trustees to appoint amoungst the class. Of course, the difference is crucial so far as the executors are concerned because, if this a discretionary trust, they are under a mandatory obligation to make a selection from among the class and distribute the property whereas, if this is a power, they may decide not to distribute and cannot be compelled to do so. Whether this disposition discloses a trust or a power is a matter of construction and the disctinction is not always easy to draw[16]. The test that must be applied is whether it is possible to say with certainty whether any given person is, r is not, a member of the class. Unfortunately, although this test is easy to state, it is difficult to apply because the leading case on its application gives three alternative approaches[17]. According to Stamp LJ, the test is satisfi ed only if it is possible to say in fact whether any given person is, or is not, a member of the class and this requires both the class to be defined with precision and there to be enough evidence available to make a positive or negative choice in respect of all of the potential applications. This is a strict test and it is therefore unlikely that on this basis this gift would succeed. It is likely that it would fail and therefore that the money would go to the RSPCA. The second approach is to that the test is satisfied if it is possible to say, in theory, whether any given person is, or is not, a member of the class, irrespective of whether there is enough evidence to make such a decision. The class must be conceptually precise. It is unlikely that Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s will will satisfiy this requirement and therefore again on this approach the gift will fail and the money will go to the RSPCA. The final version of this test is that it is satisfied if it can be said that of a substantial number of person that they were inside the class, even if it could not be said of every potential person whether he or she was not. It is likely that this test could be satisfied in some respects in so far as they are all members of the LCA but it is not certain that those members who are à ¢Ã¢â€š ¬Ã…“worthyà ¢Ã¢â€š ¬Ã‚  of the award could be picked à ¢Ã¢â€š ¬Ã¢â‚¬Å" it is therefore envisaged again that his will fail. Certainty of objects must also be discussed in relation to the birthday party. The party is to be held for à ¢Ã¢â€š ¬Ã…“my friends.à ¢Ã¢â€š ¬Ã‚  Borris has instructed that the money should go to the à ¢Ã¢â€š ¬Ã…“friendsà ¢Ã¢â€š ¬Ã‚ . As discussed certainty of objects is perhaps the most important certainty and this requires that the beneficiaries under the trust must either be named individually or be described by reference to a class description that is itself certain in scope. The test that must be applied is whether it is possibl e to say with certainty whether any given person is, or is not, a member of the class. Unfortunately, although this test is easy to state, it is difficult to apply because the leading case on its application gives three alternative approaches[18]. According to Stamp LJ, the test is satisfied only if it is possible to say in fact whether any given person is, or is not, a member of the class and this requires both the class to be defined with precision and there to be enough evidence available to make a positive or negative choice in respect of all of the potential applications. This is a strict test and it is therefore unlikely that on this basis this gift would succeed. It is likely that that the gift will succeed as it is to a defined set of persons, those being Borisà ¢Ã¢â€š ¬Ã¢â€ž ¢s friends. Finally it would appear, as discussed above, that Davina and Natasha are trustees and therefore there death has important connotations for the administration of Borrisà ¢Ã¢â€š ¬Ã¢â€ž ¢s estate as they were holding all property on trust. General powers of appointment of new trustees can be found in the Trustee Act 1925 and the Trusts of Land and Appointment of Trustees Act 1996. Davina and Natasha however have now died. Trustees hold the trust property as joint tenants and so on any death of the trustee the property automatically vests in the remaining trustees. They should, of course, ensure that all the trust property is duly registered in the names of the remaining trustees; for example, any shares must be placed in the names of the surviving trustees. The office of trustee is also held jointly and will pass to the surviving trustees. On the death of the last surviving or sole trustee the trust property devolves on his personal representatives, who hold the property on the terms of the trusts. Section 18 (2) allows, but does not compel, the personal representatives to exercise all the powers of the dead trustee. Once a new trustee is appointed the powers of t he personal representatives end. Bibliography Legislation Settled Land Act 1925 Trustee Act 2000 Cases Harrison v Randall [1852] 9 HARE 397 IRC v Bernstein 1961] 1 Ch 399 Knight v Knight (1840) 3 Beav 171 Lee v Brown (1798) 4 Ves 362 McCormick v Grogan (1869) LR 4 HL 82 McPhail v Doulton [1973] Ch 9 Re Diplock [1948] 1 Ch 465 Re Vesteyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1951] Ch 209 Pilkington v IRC [1964] AC 612 Wright v Atkyns (1823) Turn R 143 Books Birks P, (2002), à ¢Ã¢â€š ¬Ã…“Receipt in Breach of Trustà ¢Ã¢â€š ¬Ã‚ , Hart Publishing, Oxford Hayton D J, (2005) Hayton and Marshall: Commentary on the Law of Trusts and Equitable Obligationsà ¢Ã¢â€š ¬Ã‚  Ramjohn M, (2004) à ¢Ã¢â€š ¬Ã…“Cases and Materials on Trustsà ¢Ã¢â€š ¬Ã‚ , Third Edition, Cavendish Publishing Riddall J G, (2002), à ¢Ã¢â€š ¬Ã…“The Law of Trustsà ¢Ã¢â€š ¬Ã‚ , Sixth Edition, Butterworths, Lexis-Nexis Todd P Watt G (2003), à ¢Ã¢â€š ¬Ã…“ Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã‚ , Fourth Edition, Oxford University Press Watt G, (2004), à ¢Ã¢â€š ¬Ã…“ Textbook on Trustsà ¢Ã¢â€š ¬Ã‚  , Oxford University Press 1 Footnotes [1] Trustee Act 1925 s69 (2) [2] [1961] 1 Ch 399 [3] [1957] 1 ALL ER 690 [4] Riddall J, (1979) à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ Re Ransome Revisited or à ¢Ã¢â€š ¬Ã…“First Good Newsà ¢Ã¢â€š ¬Ã‚ , 43 Conv 423 [5] Re Vesteyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1951] Ch 209 [6] [1964] AC 612 [7] S69(2) Trustee Act 1925 [8] S32 (1)(c) Trustee Act 1925 [9] Re Diplock [1948] 1 Ch 465 [10] Harrison v Randall [1852] 9 HARE 397 [11] Lee v Brown (1798) 4 Ves 362 [12] Trustee Act 2000 section 11 (2) [13] McCormick v Grogan (1869) LR 4 HL 82 [14] Knight v Knight (1840) 3 Beav 171 [15] As per Lord Eldon in Wright v Atkyns (1823) Turn R 143 [16] McPhail v Doulton [1973] Ch 9 [17] McPhail v Doulton [1973] Ch 9 [18] McPhail v Doulton [1973] Ch 9

Wednesday, May 6, 2020

Native Americans History - 1879 Words

When asking a child, educated or not, what they ideas are when they hear the term Native American where does they mind venture to? More than likely do they not consider the former House of Representative, Charles D. Curtis or professor pitcher Joba Chamberlain. But they also do not think of a Native American as being an average person, a boy/girl like themselves. What children believe to be Native American are descriptions such as, feather headdresses, tomahawks, and long braided hair or scalped hair. This cartoon, Hollywood based description is not limited to the mind of a child, but it is what most Americans think of when they hear the term Native America. This icon of Native Americanism is a by-product of the long-lasting term, savages. Savages, by definition are â€Å"people regarded as primitive and uncivilized† . Throughout their history American Indians have had the trademark of savagery which has allowed Europeans to isolate, assimilate and mistreat this culture. In r esult, there has been a phenomenon, in which this paper will discuss as well as the history of savagery in the United States. Already rooted in the Americans and before the arrival of the English empire, the American Indians lived in harmony and peace with their surrounds. The American Indians were skilled farmers and hunters that used everything in their environment for their survival. They shared food and moved freely with the land, therefore creating a respect for nature. When the Europeans claimed theShow MoreRelatedNative American History : Native Americans1099 Words   |  5 Pages Native Americans A few thousands of years before the famous and high recognized explore Christopher Columbus’ ships landed in the Bahamas, a distinctive group of people discovered America. The ancestors of modern Native Americans who hiked over a â€Å"land bridge† from Asia more than 12,000 years ago. In fact, there is an estimate that more than 50 million people were already living in the Americas. As time passed, these migrants and their descendants pushed south and east, adapting as they wentRead MoreNative American History : Native Americans1879 Words   |  8 Pages†¯Ã¢â‚¬ ¯Native American Lives Since the beginning of time, conquering other societies has been a common occurrence. Almost every battle that has taken place has been documented. When stories of past battles are retold, only one side of the tale gets told, the victor’s side. In history, the ones who have been defeated never get to present their perspective of the tragic quarrels. Most never even lived to tell the stories, but the ones who do survive are not thought of as important accounts in history.Read MoreNative Americans And American History988 Words   |  4 PagesThroughout history, relationships between the Native Americans and the United States have been nothing but battle torn, and unfortunately have followed a consistent path of betrayal. There is no denying the universal fact that Native Americans have been unfairly treated and portrayed throughout American history. According to American history written during and after the war the Indian Wars that occurred were very subjective, and prejudiced in its depiction of the Native Americans. For example oneRead MoreNative American History And History785 Words   |  4 PagesAs we speak and history verifies the very fact of the long-standing planning practices of American Indian that had enabled them to survive through every hurdle placed in the way. Although many Native American societies didn’t have a written language, many tribes were advanced enough and had written history or organized spiritual ceremonies and practices. Many tribes were destroyed and others moved far away from their ancestral home. Since the origin, and till now, American Indians have been ableRead MoreNative Americans And American History1036 Words   |  5 PagesNative Americans do not experience enough social, political, and economic equality today because their stereotypes are portrayed in media, they do not have enough government representation, and they are not as well off as most Americans. Education plays a big part in how Native Americans are represented. Many schools, according to â€Å"The Coddling of the American Mind,† are overprotective of their students, thus censoring and limiting some important topics that students are required to learn. ThisRead MoreAmerican History: Native Americans 829 Words   |  3 PagesHave you ever wondered what it would be like to be Native American during the European invasion? In American history Native Americans were treated unfairly. The American government mistreated the Natives by lying to them and treating them as foreigners. After years of fighting for freedom the Natives did not achieve their goal for freedom. The Trail of Tears, being the most tragic event in American history, was due to the Removal Act in the 1830s, the misguidance of President Andrew Jackson, theRead MoreNative Americans And American History1396 Words   |  6 PagesNative Americans have remained a prominent aspect of American history; not jus t a history of the people, but a history of the land and the extensive traditions that shadowed it, like footprints in the sand. However, when the Europeans staggered over with indifference towards the natives and their unusual customs, a conflict erupted that dates back hundreds of years and continues into the present. As the United States grew further more intolerant of the natives, the daring judgment to either assimilateRead MoreNative Americans And American History Essay969 Words   |  4 PagesNative Americans, or Indians, as they were mistakenly called, have been the â€Å"pathetic footnotes to the main course of American history† (Axtell 981). But James Axtell, the author of Colonial America without the Indians: Counterfactual Reflections, would beg to differ. He says that instead, Indians played a key role in making America great. James Murray gives another term to describe America’s greatness: America’s â€Å"exceptionalism.† Throughout his art icle Axtell makes many points as to why IndiansRead MoreThe American Of Native American History Essay2006 Words   |  9 PagesLong before Europeans landed on the east coast of the American continent, native peoples were living and thriving across the land. This is historical fact that is taught in schools across the country. However, much of the rest of Native American history that we are exposed to in schools really does not reflect truth. While the broad lessons capture parts of the story, the reality is that much of the history is distorted and paints an inaccurate picture of the tribes and how they were treated by settlersRead MoreThe History of Native Americans Essay1102 Words   |  5 Pagesbrought suffering and death to Native American tribes. In the United States, Indian groups were willing to live with the newcomers until relations were strained by the continuing immigration to its territory, loss of resources, diseases and among other. Certainly, there were cultural differences between Indians and newcomers, but at the beginning; diplomacy, communication and consideration made the relations between them more bearable, but after a while, native were faced with people who

The Ethics Of Business Ethics - 1471 Words

Literature Review Nowadays, the concern for business ethics is growing rapidly in the business community around the world. Business ethics are focused on the judgment of decisions taken by managers and their behaviors. The issue regarding these judgments is the norms and cultures that shape these judgments. Business ethics are concerned about the issue, how will the issue be solved and how will it move ahead along the transition analysis as well (Carroll, 2014). Business ethics can be addressed at different levels that include business, societal, industrial and personal. Obligations and responsibilities are a major question in ethics that also address the conflict existing between the two subjects. Several ethical principles are proposed to help or facilitate the decision-making process. An individual’s behavior can be impacted by various organizational factors which lay a strong impact in shaping the behavior of individual. The behavior of individuals and the ethical practices of industry are considered as the most influencing factors that shape a firm’s ethical climate, while the societal impact that shapes the moral climate of society and the individual needs are less impacted (Carroll, 2014). Recent studies have shown the people working in a business environment are feeling the heat and are under real pressure to perform ethically in an organization while performing their responsibilities (Jamnik, 2011). The moral decisions of superiors and the decision making alongShow MoreRelatedEthics And Ethics Of Business Ethics1304 Words   |  6 PagesBusiness Ethics Varun Shah University of Texas at Dallas Business Ethics Morals are a crucial part of life. Without having principles one would never be able to distinguish the right from wrong and good from evil. Just as it applies to life in general, ethics is an integral part of doing business as well. When we here the term Business Ethics in our work place, we usually do not take it seriously and brush it off saying ‘it’s just a simple set of basic rules like not cheating and so on’. ThisRead MoreEthics And Ethics Of Business Ethics1624 Words   |  7 Pagesinvestors losing their retirement accounts and many employees lost their jobs (Accounting-Degree.org, 2015). Crane and Matten (2010) argue â€Å"After all, despite many years of business ethics being researched and taught in colleges and universities, ethics problems persist and the public remains sceptical of the ethics of business†. The big problem we face is that ethical standards are declining because of insider trading of stocks and bonds, bribery, falsifying docume nts, deceptive advertising, defectiveRead MoreEthics And Ethics Of Business Ethics1200 Words   |  5 PagesEthics meaning in simple way for average person is what is right from wrong. According to Chris MacDonald (2010)† Ethics† can be defined as the critical, structured examinations of how we should behave - in particular, how we should constrain the pursuit of self-interest when our actions affect others. â€Å"Business ethics is the applied ethics discipline that address the moral features of commercial activity (Business ethics, 2008).Working in ethical way in business has a lot of benefits which can attractRead MoreBusiness Ethics : Ethics And Business943 Words   |  4 Pagesdiscussions in Business is Ethics. Some people believe that the decisions businesses make in interest of the business has no place in ethics and that they are essentially amoral. These businesses believe that their main objective is to simply make a profit and that it does not affect the su ccess of the business. Whereas some businesses believe that they have to take ethics into consideration, in order for their business to be a success. Richard T. De George (1999) states that ethics and business do notRead MoreThe Ethics Of Business Ethics Essay2711 Words   |  11 PagesBusiness Ethics Business ethics is a type of professional ethics or applied ethics which examines moral problems and ethical principles that come up in a corporate environment. It is applied to every aspect of conducting business. According to Milton Friedman, a company has the responsibility to generate as much revenue as it can while still conforming to the basic rules that society has set. These rules include the ones embodied in customs as well as in law. Similarly, Peter Drucker stated thatRead MoreThe Ethics Of Business Ethics Essay1097 Words   |  5 PagesResource A discusses how ethics is crucial in business. There are three key ideas used to understand this. Firstly, making ethically wrong decisions tend to cause more upset than other general mistakes as purposeful unethical actions are not as easily forgiven or forgotten. Secondly, ethics provides businesses with a broader understanding of everything to do with their business. Business ethics is effectively just business it its larger hu man context. Thirdly, being unethical can tarnish the publicRead MoreThe Ethics Of Business Ethics1064 Words   |  5 Pages    Business Ethics Ethics can be viewed as the rules and values that determine goals and actions people should follow when dealing with other human beings. However, business ethics can be defined as moral principles of a business. It examines moral or ethical problems that arise in a business environment. Generally, it has both normative and descriptive dimensions. Organization practice and career specialization are regarded as normative whereas academics attempting to understand business behaviourRead MoreThe Ethics Of Business Ethics757 Words   |  4 Pagesdeciding what to do in certain situations, ethics is what guides an individual to act in a way that is good, or right. Those involved in business settings apply ethics to business situations, known as business ethics. It is expected of businesses, small and large, to follow business ethics. There is a particular framework businesses are to follow. However, the reoccurring news headlines of poor business ethics prove differently. Poor busine ss ethics include bribery, corporate accounting scandalsRead MoreThe Ethics Of The Business Ethics1431 Words   |  6 Pages BUSINESS ETHICS INTRODUCTION:- Presentation Ethics are exceptionally regular and essential good esteem that helps us to take the right choice where we think that it hard to pick between our own advantages and the correct thing to do. We are going to talk about three sections of morals Behavioral morals, Bounded ethicality and last one is irreconcilable situation. As from the names of these parts of morals, its verging on clarifying the significance of it. It clarifies why great individualsRead MoreThe Ethics Of Business Ethics1349 Words   |  6 PagesBusiness ethics can be defined as the critical examination of how people and institutions should behave in the world of commerce. There are many subcategories that we may look into when speaking of business ethics, in this essay I will be writing about advertising ethics. Advertising is practically unavoidable in today s world, we see it in the streets, shops, magazines, television, on the internet, hear it on the radio. In this essay I will describe two ethical iss ues in advertising, show why business

The Struggles to Freedom free essay sample

The English colonies had many difficulties with their government along with Egypt today. The English fought and fought for several years to get their freedoms that we have today, but Egypt has been fighting for quite a while now. The English colonies and Egypt differ In a couple ways, but they are mostly salary because they both are trying (did) to overthrow their government to get the freedom of speech, religion, and press along with their individual rights and pursue their independence.About a year ago, millions persuaded Egypt military to overthrow President Mohamed Morris, but there were still supporters of Morris. But then again there were several that wanted him removed. This is like the English colonists, mostly the poor, wanted King George Ill out of power. The main reason why Egypt wants their leader out of power is because the government is abusing their individuals rights, crushing their freedoms, and Jailing and killing the political opponents. We will write a custom essay sample on The Struggles to Freedom or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Along with the poor of the English colonies, they wanted their human rights and equality.This is Just one example of an event on how they have similarities within the struggles with the government. Besides the English colonies and Egypt being similar, there are some differences. The English colonies had a monarch, while Egypt had a dictator. A dictator Is a ruler with total power of a country. A monarchy Is a form of government with a sovereign at the head of state like a king. But a monarchy can a government with a form of dictatorship. Also, Egypt isnt really clear with what sides their people are on.After the French and Indian War ended in 1763, Americans divided sides in heir feelings toward Great Britain. They divided into two completely different sides by calling themselves the patriots and loyalists. Patriots such as George Washington, Thomas Jefferson, and Benjamin Franklin, wanted to break away from Great Britain, supported a revolution and form their own country. On the other hand, loyalist such as, John Burgeoned and Joseph Brand, supported Great Britain and wanted to stay loyal to King George Ill. Egypt can learn a lesson or two from the English colonies by studying the successes and failures. The poor werent getting what they wanted, so they had to figure a way to how they were going to fight against the government to get their equal rights. For example, one colonist approached, to rebel against Governor Berkeley. His name was Nathaniel Bacon, he created the first rebellion in America, The Bacons Rebellion. Bacon wasnt getting his rights and the protection he wanted, even after asking the Governor, so the result of this was to rebel against him and he also brought his frontier neighbors along with him. Which currently, the Egyptian military s opposing Morris supporters.Also, a guy named John Peter Zinger, a representative of the poor, who was charged with libel, decided to start a trail called the Zinger Trail; it was a foundation of freedom of press. While Great Britain started making the colonist pay for the cost of war and protection. The Proclamation of 1763 didnt allowing Americans to settle west of the Appalachian Mountains so the Brothels wouldnt have to provide protection. Two events that happened after was The Stamp Act which Britain started putting direct tax on paper products and The Sugar Act rate documents, Thomas Paine Common Sense and the Declaration of Independence.All this events and documents that occurred, started the road to a revolution. The English colonies Just wanted their human equal rights, like the rich of the colonies. Egypt simply wants the same thing, getting their individual rights and freedoms along with their independence. Both, wanted to overthrow their leaders to get freedoms, which the English colonies eventually got, which we still have today. Egypt needs to figure out the sides of their peoples to fight their way to what they want most, Freedom.

Tuesday, May 5, 2020

Curley’s Wife in Story of Mice and Men Essay Sample free essay sample

C? In the fresh â€Å"Of Mice and Men† John Steinbeck tells a successful narrative of dreams. hopes and solitariness. He is introduced a character named Curley’s married woman ; she is a major important and complex. She plays a chief portion in the novel. In making this she displays and presents many of the chief subjects. Curley’s married woman is the lone female character in the narrative and besides she is the lone major character who is non given an single name. She is represented of adult female in 1930’s when adult females have neer been treated every bit and were bound to make merely house work. Steinbeck shows us that Curley’s married woman is coquettish. arch but most of all are an stray character. She is an illustration of how the reader’s perceptual experience of a character can alter without the character really altering. We foremost hear about Curley’s Wife when Candy describes her to George. Candy uses looks such as â€Å"she got the eye† and goes on to depict her as looking at other work forces before finally naming her a â€Å"tart. † Through Candy’s words. we develop an initial perceptual experience of Curley’s Wife as coquettish and even promiscuous. This perceptual experience is farther emphasized by Curley’s Wife’s first visual aspect in the novel. Steinbeck uses light symbolically to demo that she can be enforcing when he writes. â€Å"The rectangle of sunlight in the room access was cut off. † Her physical visual aspect of â€Å"full. rouged lips and wide-spaced eyes. to a great extent made- up† . every bit good as painted fingernails and luxuriant hair. farther physique on our prepossessions. She both negotiations and Acts of the Apostless playfully and coquettishly in forepart of the other spread workers through her physical visual aspect and her ain actions. Like the other people on the spread. she is really lonely and has dreams of a better life which neer come true. By Candy’s description. we have a negative feeling toward Curley’s Wife. But she begins to alter when she enters Crooks’ room- a Black worker. where Crooks is speaking to Lennie and Candy. Curley’s Wife enters inquiring for Curley. After the responses from the work forces. she talks about her solitariness and desire to populate her ain life. She reveals throughout the class of the narrative that she is unhappy in her matrimony because her hubby seems to care small for her. and is truly more interested in speaking about himself than anything else. She begins to get down verbally assailing the work forces and indicates her apathetic attitude towards Curly. After Crooks asks her to go forth. she threatens him with lynching. As she leaves. Steinbeck metaphorically indicates the break and uncomfortableness she utilizing the event of Equus caballuss stomping their pess. At this phase of the novel. we begin to experience sympathy for Curley’s Wife who. lonely and bored. has ended up married to a adult male she doesn’t love. But Curley’s married woman has another side that is junior-grade. cruel. and about every bit self-obsessed as her hubby. She intentionally flirts with the work forces in spread and causes them to endure Curley’s hot-tempers. Further. she does little to conceal these flirtings from her hubby. though they’re likely to exasperate him and do him experience even smaller. this is likely why she does it at all. Same as other characters in the novel. she besides has a dream. a dream to go a film star. but she laments her lost potency ; she inside informations twice that she could’ve been a Hollywood film star. though the opportunity was taken from her by her female parent. who worried she was excessively immature. Before when George and Lennie came to the spread. she has no friends and no 1 privation to speak to her because they scared of Curley. Novel She starts acquire attendings from Lennie and George. specially Lennie. Even when Lennie has a outlook job but she seems doesn’t care it much. she likes to speak to him. She knows Lennie is supposed to remain off from her but she still wants to speak to him. portion with him everything about her lost chance. Our feelings for Curley’s Wife have wholly changed by her concluding scene. In the barn with Lennie. she tells him how lonely she gets and tells the tragic narrative of how she could hold been an actress. but her dream was ended by matrimony. She allows Lennie to touch her hair when he tells her about his likings for soft things as velvet but unluckily she is killed in a tragic accident when he refuses to allow travel of her and interrupt her cervix. Our feelings for Curley’s Wife at this phase in the novel are wholly sympathetic. Curley’s Wife remains consistent throughout the text. However our sentiments for her is wholly changed. We foremost think of her as a prostitute and a coquette who refuses to by her husband’s side. As we hear more of her ain words we begin to experience a batch more sympathy for her. Steinbeck neer told her name. To the work forces she is ever the belongings of Curley and. because she should non roll from him. Her dreams make her more vulnerable and her dreams were shattered by matrimony. Steinbeck has created a character for us to experience sympathetic towards. Curley’s married woman is a sympathetic character. she is the most down and alone character in the novel.