Case Study involving Trust laws Example | Topics and Well Written Essays - 1000 words

Involving Trust laws - Case Study Example Although the law is dealing with the Property Act it also extends to other aspects of equitable interest. Under the Section 5 (1) of the Wills Act, 1988, â€Å" it is seen that every person may dispose by will, executed in accordance with this Act, of all real estate and all personal estate owned by him at the time of his death† (Wills Act 1988. 2005). In this case it is seen that a trust has been created in favour of Ben and he has nominated Richard to hold the 2000 shares in trust on his behalf. Through his written will, he has directed that 950 of the above shares may be bequeathed to his Accountant, Tom, to be held on behalf of his nephew, Andrew, the legal beneficiary of the gifted shares. In the decided case of Goldcorpe RE 1995, 1 AC 74, claims for non allocated bullion could not be enforced. Ordinary members of the public were inveigled into investing in non-existent bullion, on the strength of allotment letters given to them for staking their claim on future bullion. When Company subsequently went into liquidation, they claimed beneficial interest on future bullion on the basis of this allotment letter. The Courts held that the bullions were not earmarked and could not be enforced.In another decided case of Saunders v. Vantier(1841) 4 Beav.115, a trust was created that upon the death of the uncle, certain shares would be bequeathed to the nephew, along with its incomes, till he reached the age of 25. The nephew laid claim to the gift upon reaching the age of majority, i.e., 21 years. The Courts held that the validity of the gift had passed on from the uncle to the nephew upon his passing away, it being intended to be an immediate gift. Therefore, the claim for the property to the nephew from the uncle was passed on immediately upon his gaining majority age: (Theriault 2002). The case of Hunter v Moss (1994), whose decision was delivered before the Gold Corpe Re (1995) case, 1 AC 74.which relates to 50 shares of a total of 950, being verdicted to be a genuine trust, without uncertainty of matter, which was not considered in the case of Gold Corpe Case (1995). The Court of Appeals, in this case, validating the decisions of the High Court (1993) I WLR 934, stated that a statement of trust, of, effectively 50 shares out of a total number of 950 shares in a Company, could not be said to be a void contract, on the grounds of the uncertainly of subject matter; in this case the learned judged observed that allocation of particulars shall be considered superfluous since all the shares carry

Ethical Analysis Essay Example | Topics and Well Written Essays - 2000 words

Ethical Analysis - Essay Example Vallejo California is an interesting case study of one community effort seeking to supply primary care to the poor. It’s proponents say the clinic is saving local emergency rooms thousands by providing non-emergency care to uninsured patients (many illegals) at low cost or free of charge. Many illegals, without proof of income, are receiving the services free of charge. Many residents want the clinic’s county funding cut to reflect its treatment of illegals who they believe should not be receiving health care at the expense of taxpayers. The problem is twofold and highlights two major issues concerning health care today: â€Å"the un-insured and balooning costs† (Jordon, 2009, para. 4).The tip of a controversial iceberg, if health-care reform goes through the way The U.S. House bill is written, no such clinic, in California or otherwise, will receive any federal funding if it continues to treat illegal immigrants. And from opinions so far, local voters may not approve public funds to do the job. It is a health care conundrum that threatens to drive illegals back to expensive emergency rooms, and/or in denying them clinic treatment, running the risk of them not receiving treatment for diseases they may spread to the entire community. The Pew Hispanic Center reports that half of the twelve million illegal immigrants in the U.S. do not have health insurance and go to emergency rooms where they are bound by a 1986 law to be treated. Emergency-room visits, where treatment costs are much higher than in clinics,† jumped 32% nationally between 1996 and 2006, the latest data available† (Jordon, 2009, para. 5). More than an ethical question for Sutter Solano Medical Center Chief Executive Terry Glubka, Gluba, in pushing for the clinic, was trying to reduce costs at the hospital where the poorer population [including many illegals] were coming to get treated for everything from bug bites to severe injuries. By

Technology Description Essay Example | Topics and Well Written Essays - 500 words

Technology Description - Essay Example The Clock button displays the real time that can be set and adjusted. The Reset button allows the Clock to reset depending on the user’s desired time settings. 2. These pre-determined cooking time buttons include the cooking according to the desired cooking manner including the weight of the food and defrosting. If Cook by Weight is desired, the need to key in the approximate weight of the food is necessary. The same applies when Defrost by Weight is preferred. Speed Defrost 5. The Timer button is used to set the desired cooking time. The Power Level sets the microwave cooking at 10 different levels at the time of cooking. Setting the level to 100% allows the device to emit radio waves to its full extent, thus allowing the cooking time faster. The Cook button automatically cooks food according to the length of time that it needs to be cooked. There are sensors in the cavity that allows the device to detect whether the food is already cooked or

Contract tender process in the work environment Essay

Contract tender process in the work environment - Essay Example It is interesting that computer crime is compared with the crime of serial killing, but computer criminals are more subtle, erratic and evasive. Therefore, it requires serious anti-computer crime control mechanisms to check this devastating crime that has defrauded corporations, societies and individuals to the tune of millions of dollars each year. One issue that has become a disturbing phenomenon to corporate stakeholders, as well as business management process decision-makers and leaders of communities is computer crime. But the impact of this modern-day problem is mainly felt in the corporate world, where organizations stand to potentially lose millions of dollars a year. For the fact that computers are becoming household commodities, and Internet access is ubiquitous and cheap, there is no end to the threats from what is termed the computer criminal. This report would investigate the sources of computer crime, its trend now, the losses it causes many corporate entities, and some of the criminal types behind the ever increasing range of scams. Relevant literature from peer-reviewed sources would be explored in order to elicit vital information about how computer crime has developed to ravage our societies. Findings from these scholastic sources are highlighted and discussed with the view of offering recommendations about the appropriate ways to tackle the endemic problem of computer crime. Experts dealing with this major problem have attempted to give specific definitions of what is a computer crime. This has been made more difficult by the crime type evolution, the fact that over the years, this kind of crime has developed into several interwoven forms comprising all crime types involving the use of computers. It has also been discovered that computer crime is a crime that could be categorized as white-collar: for a computer

Solving the Israel-Palestine Conflict Dissertation

Solving the Israel-Palestine Conflict - Dissertation Example Muslims back the Palestinian people, while the Western –Christian countries back the Zionist country. Both the movements have demanded full legitimacy in the Holy land based on divine promises and historical rights that have been derived from the Bible. According to Maoz (2013), Israeli does not consider Palestine a legitimate nation with any link to Ertza Israel, but considers them as part of the greater Arab region. The paper in National Charter of 1964 as Maoz illustrates explains that Palestine is the homeland of Palestinians and are connected to the Zionist state through historical, material, and religious ties. The Jews according to this paper have no legitimate right over the land. A few Palestinian nationalists such as the Nashibis portrayed close ties with the Jewish state, and even had proposed a harmonious Jewish-Arab cooperation and coexistence in the Holy land. However, they were named traitors and assassinated by fellow Palestinians (Maoz, 2013). Similarly, the I srael Council for Israel -Palestine Peace (ICIPP), an Israel group had accepted and acknowledged the need to have a Palestinian state along the West bank in the late 1980s and early 1990s. However, similar conservative ideologies from the Zionist state thwarted such efforts (Maoz, 2013). ... Narratives according to Daoudi and Barrakat have the potential to indicate and perpetuate conflict, but can also lead to a harmonious understanding, leading to a permanent solution to the conflict. The problem in the two narrates is that both the Palestinians and the Israelites have much respect to the static narratives passed to them over generations; critiquing such narratives on their ancestry and rights especially to the Holy land is a taboo. However, as Daoudi and Barakat (2013) observe, the respect in which such narratives are held makes it impossible to question about; â€Å"what is not being narrated.† For example, though the Palestinians and Israelites have narratives that portray Jerusalem as their Holy city, no narrative pauses the question of â€Å"what is his tradition,† â€Å"his narrative,† â€Å"his culture,† and other questions that could make it possible for the other side to think over and above self-narrative, to the meaning and implica tion of the other party’s narrative (Daoudi and Barakat, 2013). The collective memory linked to such narratives on Jewish and Palestinian rights regarding the Holy land becomes an obstacle to coexistence and reconciliation; each party believe their own narrative without taking time to look beyond such narratives. Therefore, the strong conservative ideologies behind ancestry of the two different nations are the impediments towards finding a lasting solution to conflict in the West Bank and Gaza. Gorny (201090 explored the issue of understanding the â€Å"other† in formulating a solution to the current conflict between Palestinians and the Zionist state, and concluded that limitations in understanding the â€Å"other† and the strong religious conservative ideologies from the Palestinians

Writing Assigment Essay Example | Topics and Well Written Essays - 3750 words

Writing Assigment - Essay Example In fact, it can be considered to be one of the most controversial topics with regard to law in a civilized society. The United States along with many countries in Asia still have laws that can sentence a person to death unlike most European nations, where this practice has been abolished. Even within country, not all states adhere to this law. Sixteen states in the country including the District of Columbia have removed death penalty as a form of punishment, but all other states still consider it lawful. In other words, a majority of the states still follow this form of punishment. This practice was accepted in the country during the time of colonization from laws that existed in the host countries of the colonizers. They then became accepted or rejected among the different states as mentioned above. There are strong proponents and dissidents with regard to capital punishment. These attitudes could be based on religious beliefs, social customs, or their personal viewpoints. Those who are for capital punishment put forth the following arguments as justification. Their primary reason is that members of the society have to be protected from criminals who commit more serious crimes like murder and capital crimes. It is the duty of the government to protect its citizens and that by providing death penalty; a capital crime will not be committed by the same person again. Their second reason is that this form of punishment will act as a warning and deterrent to other people with criminal tendencies. A death penalty risk will act as a strong deterrent and can help to prevent similar acts by other members of the society. The third argument is that the relatives and loved ones of the victims are entitled to retribution. If someone has murdered a member of the family, then the members can o nly obtain justice, if the murderer is treated in the same manner. There are strong arguments against death penalty from various

Compar and Contrast Essay Example | Topics and Well Written Essays - 1250 words

Compar and Contrast - Essay Example The elements of history were engraved in the stories that were left by the two writers. Scott Fitzgerald and Ernest Hemingway have similar time frame to tell but different experiences to share in their stories throughout their lives. In terms of the time they became popular in the field of literature, they boomed in different years but they both became famous for their works. Their works may conflict at times in terms of ideas, but throughout their career, they became friends that had eroded after certain number of years. Their friendship started when they first met each other in a bar called Dingo. Fitzgerald had accustomed to ask too much and flatter the strangers during first time conversations that gave Hemingway a negative connotation about the personality of Fitzgerald. A good example is the instance when Fitzgerald interrogated Hemingway regarding â€Å"having slept with his wife before they were married did not seem appropriate conversation, particularly from a total strange r,† (Lombardi). Despite of that incident, their friendship continued as both of them became prolific writers. Hemingway was not yet that famous during that time but Fitzgerald already had known something about Hemingway as Fitzgerald told his editor that Hemingway had the potential in literature (Lombardi). Fitzgerald assisted Hemingway in editing and promoting Hemingway’s work. Despite of the help given by Fitzgerald, it was said that Hemingway later on paid back Fitzgerald by mockery and deception as their friendship corroded (Kakutani). Some said that Hemingway had a habit of associating himself with famous and great writers to promote his works and advance his writing career. He associated himself with Gertrude Stein, John dos Passos, Dorothy Parker and many more (Lombardi). The friendship corroded especially in 1936 when Fitzgerald published the confessional article which he called The Crack-Up and the series of insults continued. Hemingway told something about Fit zgerald in his work The Snows of Kilimanjaro. Up until the death of Fitzgerald, Hemingway showed some insults for Fitzgerald through his works (Gent). For the next part, a focus would be given for the analysis of the short stories made by each writer and how the stories reflected their lives. The short story analysis begins with the works of Fitzgerald. Fitzgerald became well-known for his short stories in Flappers and Philosophers that reflected the youth culture and pursuit for wealth during the Roaring Twenties. During that time, the demands for stories in popular magazines were the type of stories made by Fitzgerald. His major success was in the field of short stories though in public he was known as the Poet Laureate of the Jazz Age and he even influenced other famous writers like J. D. Salinger and John O'Hara (Mangum 1368). The image of Fitzgerald really differs from his real accomplishment like his real self is different from the way he projected himself in public. Also as h e deemed himself to be good at writing short stories for popular magazines, he explained it to Hemingway the reason why he had chosen to write short stories as revealed in A Moveable Feast by Hemingway: he was â€Å"whoring but that he had to do it as he made his money from the magazines to have money ahead to write decent books,† (Mangum 57). He was both a professional writer and a literary artist though he focused on