The primary focus will be on the comprehensiveness of understanding Essay

The primary focus will be on the comprehensiveness of understanding the many components that are necessary to consider when desi - Essay Example The content of what children are taught in preschool and the method of teaching, or the curriculum is what measures the effectiveness and quality of learning in preschools. Programs focusing on serving 3- and 4-year-olds should decide the content of what children learn, as well as the best way to learn, if they are to improve children’s school success by enhancing their early skills and knowledge. The aim of this paper is to offer a framework that those making decisions can make use of when evaluating curriculums that would be suitable for a preschool program. Definition and scope of a preschool Children’s Health Encyclopedia defines a preschool as ‘an early childhood program in which children combine learning with play in a program run by professionally trained adults.’ Common enrolment years are children aged between ages three and five. Kids as young as two can attend preschools. While a daycare is to enable parents to work, preschool emphasis is on lear ning and development. Before the 1960s, education of young children was primarily the role of families within the home. Nowadays, most young children spend a big part of their time away from their parents. This may partly be attributed to an increase in the number of mothers working away from home. Parents also feel the desire to give their children a head start academically. The qualities of a good preschool, according to the National Institute for Early Education Research are: Helping children to expand their knowledge and build on their vocabulary Focus on literacy and language skills, plus and interactive book reading An emphasis on teaching children basic problem solving skills Learning beginning skills involving the alphabet, numerals and spatial awareness Preschools with the above qualities are only possible when the curriculum designed is good enough. That means the curriculum designer or decision-maker has in mind, the child, the parents and the teacher. For instance, when involving parents, the curricula can help make program-family partnerships or set up continuous meaningful communication with families. Curricular decisions should consider children’s ages, learning needs, cultural and linguistic backgrounds and economic status. Prior experience and training for the teacher is also important. Components of a Preschool Curriculum Given the many types of curriculum models available, there is an uncertainty regarding which models are appropriate for young children overall or more understandable to the population of the three and four year olds. Though the fields of early childhood advocates for programs that utilize what are known as Developmentally Appropriate Practices (Bredekampe & Kopple, 1997), it has not much research to endorse any single curriculum model as the best. Additionally, not a single state government or federal body directs use of just one particular curriculum in the publicly funded preschool programs. When the term curriculum is left undefined it may be very difficult to know what should be learned. It is also hard to sketch â€Å"the set of goals which are the aims of education for children† (as cited in Spodek & Saracho, 2003) in their programs, and what supports the â€Å"children’s physical, social, emotional, and cognitive growth† (as cited in Bowman et al., 2001). The National Association for the Education of Young Children (NAEYC) and the National Associ

Public Policy Analysis Essay Example | Topics and Well Written Essays - 2500 words - 1

Public Policy Analysis - Essay Example It imposes penalties for violation of security laws at higher rates than were applicable earlier. It also increases resources for the Securities and Exchange Commission. The Act is applicable to all the companies whether American or foreign if they are required to file annual and periodical reports with the SEC. This public policy analysis is to have a better appreciation of regulatory relationship between government and corporation (Zameeruddin, 2003). (Lovik, Merkel, & Bowser, 2006) The enactment of the legislation is timely in order to protect the interests of the investor from corporate fraud and to require corporate executives to enhance corporate ethical standards. These are with a view to make the US securities market robust enough to be a safe place for investors to invest and do business. It is argued that SOX is an essential policy tool to realize these objectives. The Act comes into force to address the market failure as a result of scandals such as Enron and others. The Enron scandal alone justifies the legislation to address the market failure characterized by the following consequences. Bankruptcy: 20,000 employees were rendered jobless and deprived of health insurance. Average severance pay was $ 4,500 and top management executives were paid bonuses exceeding $ 55 million. Employees’ retirement funds of $ 1.2 billion were lost. Retirees did not get their $ 2 billion retirement funds. Company’s top executives en-cashed their stocks wor th $ 116 million. Criminal Charges: There were 15 guilty pleas, 6 convictions, 1 acquittal and 11 cases not decided. Three California based stock traders entered their guilty plea for wire fraud. 4 Meryll Lynch executives confessed to fraud in the Nigerian Barge case. Enron’s stock hit a high of $ 90 in 2000 and fell to $ 1 in 2001. 29,000 employees of auditing firm of Arthur Anderson lost their jobs. And Enron’s shareholders sued the company and their banks for $ 20 billion (Jesso, 2009). SOX

Remedial and Institutional Constructive Trusts

Remedial and Institutional Constructive Trusts Title: The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p399. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. INTRODUCTION A definition of a trust, reflected in case law, suggests that a person with responsibility for property has an obligation in accordance with principles of equity to exhibit beneficence[1] towards any beneficiaries, any of whom might enforce this obligation[2]. The concept of the constructive trust is not overwhelmingly supported, with Hayton categorising it â€Å"â€Å"a fiction which provides a useful remedy when no remedy is available in contract or in tort†[3]. A constructive trust may be either institutional or remedial, although only institutional constructive trusts are acceptable practice in the UK at the present time. According to Halsbury â€Å"the remedial constructive trust†¦is not in reality a trust at all, but merely a remedial mechanism by which equity gives relief for fraud’[4]. The distinction between constructive trusts raise a number of issues that are of particular relevance when considering whether the law in England and Wales is likely to adopt the remedial system. It must be noted, however, that, whilst the importance of both proprietary estoppel[5] and Pallant v Morgan[6] equity are acknowledged as relevant to a discussion on constructive trusts, their applications are specific. Accordingly, due to constraints on space, their inclusion in this particular essay have been omitted[7]. DISCUSSION Whilst law in other jurisdictions needs to resort to such measures as the remedial system, law in the UK currently relies on the Statutes of Limitation[8], within which remedial constructive trusts may be considered to be related to the Limitation Act 1980[9]. The specific distinction between legal and equitable ownership originated through the historical significance of common law and the law of equity, as established through the Courts of Chancery. It is readily acknowledged that a correlation exists between constructive trusts and the doctrine of equity, with effect from the date in which circumstances dictated a need for such intervention, a factor noted in Westdeutsche Bank[10] by Browne-Wilkinson, LJ who observed that â€Å"A remedial constructive trust†¦Ã¢â‚¬ ¦is a judicial remedy giving rise to an enforceable equitable obligation†¦Ã¢â‚¬ [11] Institutional Constructive Trust There have been a number of significant cases heard, where the courts have ruled that institutional constructive trusts will prevail[12]. An institutional constructive trust might be invoked in such cases as domestic disputes involving property, breaches within a fiduciary relationship, contracts relating to sales of land, and certain situations relating to commercial insolvency. Case law established ‘in law and in equity that land could be the subject of ownership’[13], with a further recognition that ‘the person owning either type of estate has a right of property’ according to Lord Browne-Wilkinson[14], established through statute in the Law of Property Act 1925. Freehold land, or land held in fee simple, relates to land held in trust to the Crown, with the owners being beneficiaries, or trustees, or land that is held in cestuis que trust which is revealed as an equitable estate. The requirement for a formal record of equitable entitlement to the transfer of land in accordance with the Law of Property Act 1925 53 (2)[15] reveals a situation inconsistent with the ethos of remedial trusts. Shares in property can be transferred from the owner of a property to bestow the gift of beneficial ownership on another person through the conveyancing procedure of legal transfer by deed according to the Law of Property Act 1925, section 52 (1). Conversely, where full consideration has not been paid when land is transferred an inference of fact would result, as clarified in Subsection 60(3) of the Law of Property Act 1925. Remedial Constructive Trusts Pascoe[16] notes an apparent lack of consensus as to whether remedial constructive trusts are based on an enforcement of proprietary rights or to avoid unconscionable conduct, but suggests it ‘is imposed by equity regardless of actual or presumed agreement or intention’[17] in order for the courts to implement a measure of restitution[18]. Certain situations require a remedy within the law that is particularly suitable for a specific set of circumstances. This is determined at the discretion of the court and is realised in the imposition of a remedial constructive trust, characterised by the particular facet that no trust existed prior to the intervention of the court. An interesting development in the definition attached to constructive trusts was suggested in Barnes v Addy[19] in which Lord Selborne, LC introduced the distinction between a duty owed by directors and duty owed by ‘non-fiduciary strangers’, referring to this concept as ‘the two limbs o f Barnes v Addy’. More recently this referent has been recognised as ‘recipient liability’[20] and ‘accessory liability’[21]. Various jurisdictions around the world acknowledge a distinct emphasis between institutional constructive trusts and remedial constructive trusts, based on the common law precepts of unjust enrichment. The constructive trust would then be recognised as a means of restitution[22], a remedy available for the courts to resort to when other methods of restitution are inappropriate. Often considered synonymous with remedial constructive trusts is the case of Polly Peck International plc (in admin) (No 2)[23]. Referring to additional rights of restitution that might be accorded the plaintiff in respect of legitimate rights to property the Court of Appeal in England made reference to the decision in the Supreme Court in Canada[24]. Different Jurisdictions Amongst the different jurisdictions who habitually utilise the remedial approach, Australia[25] generally adheres to a traditional approach characterised by a link between claimant and the property at dispute, whilst acknowledging the distinction between recipient and accessory[26] liabilities. Accordingly, remedies might be applied ‘in personam’ rather than ‘in rem’. According to Fardell and Fulton[27], the constructive trust has become an important remedy within the courts in New Zealand, fully utilising the concept of remedial constructive trusts in any situation in which a defendant might have prejudiced a plaintiff’s claim to equity as a matter of principle[28]. This particular application of the remedial system has been criticised by the judiciary in Australia as they perceive it represents â€Å"a medium for the indulgence of idiosyncratic notions of justice and fairness†[29]. However, at the New Zealand Court of Appeal Tipping, J concur red with the Australian opinion, although using different reasoning[30]. There have, however, been instances whereby a more controversial approach has been taken, often utilised in the US[31] although, on occasion, in other jurisdictions such as New Zealand in the case of Re Liggett[32] based, as it was, on the decision in the US case of Chase Manhattan Bank. Since then, however, both the Privy Council[33] and the House of Lords[34] have overruled that decision[35]. The law relating to constructive trusts has recently changed in Canada following the Supreme Court’s ruling in the cases of Soulos v. Korkontzilas[36]. Prior to this, such cases as Pettkus v Bekker[37], Sorochan v Sorochan[38] and Rosenfeldt v Olson[39] were the definitive referents in relation to remedies imposed by the courts to prevent the perpetuation of injustices within the specific categories associated with benefiting through unjust enrichment[40]. The Supreme Court focused on the ethos of ‘good conscience’ in their decision when ruling on Soulos v. Korkontzilas[41] . They decided that constructive trusts needed to be imposed to maintain certain standards[42], with four conditions introduced, each of which must present if a constructive trust was to be implemented[43]. Subsequently, these conditions have been applied to all cases relating to constructive trusts heard in Canada’s Supreme Court. CONCLUSION It has been suggested that every resulting trust is realised through the transfer of property in a situation where benefit to the recipient was not the intended option, the consequence of which is a presumption of resulting trust. This significance is recognised in the doctrine of equity in terms of recognition of the terms of endowment. In the UK it is in this particular situation that the inherent importance between constructive and resulting trusts lie. Furthermore, it is this particular situation in which other jurisdictions more often introduce the doctrine of remedial trusts. It appears to be accepted by the majority of commentators that, for a resulting trust to be formed, actual assets must be present in terms of identifiable property, the remedy of which may be found in common law. Despite Millett LJ being of the opinion that the remedial approach is unlikely to take root in England[44], it has been acknowledged in the Court of Appeal[45], the Privy Council[46] and in the House of Lords[47], in obiter dicta, that a possibility might exist for the future incorporation of remedial constructive trusts into UK legislation. This controversy has, by no means been resolved and, at some point will undoubtedly become incorporated into UK legislation, either in its present format, or modified to enable â€Å"†¦an aggrieved party to obtain restitution†[48] through the correlation that exists between constructive trusts and the doctrine of equity which is represented through the concept of morality and obligations, with â€Å"the benefit of an obligation [being] so treated that it has come to look rather like a true proprietary right†[49]. Total Word Count [excluding footnotes and bibliography]: 1,496 words BIBLIOGRAPHY BOOKS: Cope, M (1992): Constructive Trusts. Sweet and Maxwell Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115 Underhill and Hayton (1995): Law of Trusts and Trustees [15th ed]. London: Butterworth: Page 1 Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 HALSBURY’S LAWS Available Online from: Butterworth’s Direct Search facilities. Access via Athens Gateway: http://www.butterworths.com/butterworths.asp Vol 16 (2000 Reissue) Para 1072 Vol 48 (2000 Reissue) Paras 401 – 403: former Court of Chancery Vol 48 (2000 Reissue) Para 501. Vol 48 (2000 Reissue) Para 592 ARTICLES: Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66. Available from: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. In 7 Bond Law Review 67. Available in: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Hayton, DJ (1985): Personal Accountability of Strangers as Constructive Trustees. 27 Malaya LR 313,314: Singapore Journal of Legal Studies. Access via ATHENS Gateway McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished. 110 LQR 509 513 Millett LJ (1998): Restitution and Constructive Trusts 114 LQR p. 399 O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust 30 MULR 735. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] ONLINE RESOURCES Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] TABLE OF CASES: Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR at 509, 575 Bannister v Bannister [1948] 2 All ER 133 Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA Barnes v Addy (1874) LR 9 Ch App 244 Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787; [2001] 1 WLR 112, CA Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371 Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1994] 3 WLR 199; [1998] 3 NZLR 171. Hussey v Palmer [1972] 3 All ER 70 (CA) Linter Group Ltd v Goldberg (1986) 160 CLR 371 Mabo v Queensland (No 2) [1992] 175 CLR 1, High Court of Australia Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA Muschinki v Dodds (1985) 160 CLR 583 at 614 Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951 Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA Pettkus v Bekker [1980] 19 RFL (2d) 165 Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 Re Goldcorp Exchange Ltd Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74; [1994] 3 WLR 199 and [1994] 2 All ER 606 PC Re Liggett v Kingston [1993] 1 NZLR 257 Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA Re Sharpe [1980] 1 WLR 219 Rosenfeldt v Olson 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). Sorochan v Sorochan [1986] 2 SCR 39 Soulos v Korkontzilas [1997] S.C.J. No. 52 Taylor v Davies [1920] AC 636, PC Tinsley v Milligan [1993] 3 WLR 126; [ 1994] 1 A.C. 340, 371 Westdeutsche Landesbank Girozentrale v. Islington London BC [ 1994] 4 All E.R. 890, 962, CA.; varied [ 1996] 2 All E.R. 961, HL; [ 1996] 2 All E.R. 961, 990, H.L; [1996] AC 669 at 714-415 1 Footnotes [1] See Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [2] This definition is paraphrased from Halsbury’s Laws, Vol. 48 (2000 Reissue) at para 501 who have based this definition on Underhill and Hayton ( ): Law of Trusts and Trustees [15th ed]: Page 1 [3] Hayton, DJ (1985) 27 Mal LR 313,314 [4] Halsbury’s Law, Vol 48 (2000 Reissue) Para 501 [5] Halsbury’s Laws, Vol 16 (Reissue) Para 1072 and Vol 48 at 592 [6] Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951. Halsbury’s Laws, Vol 48 at 593 [7] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA per Chadwick LJ: this case introduced the term Pallant v Morgan equity [8] In accordance with the former Court of Chancery, Halsbury’s Laws, Vol 48, Paras 401 – 403 ante [9] Halsbury’s Laws, Vol 48 (2000 Reissue) Para 501 cites a number of cases relating to this point: Halsbury quotes Taylor v Davies [1920] AC 636, PC; Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA; Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787, and [2001] 1 WLR 112, CA [10] Westdeutsche Bank Landesbank Gironsentrale v Islington London BC [1996] AC 669 at 714-415 per Lord Browne-Wilkinson [11] â€Å"Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which gave rise to it: the function of the court is to declare that such a trust has arisen in the past. The consequences that arise from such a trust having arisen (including the possibly unfair consequences to third parties who, in the interim, have received the trust property) are also determined by rules of law, not under discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court†. Ibid, Note 9 [12] Bannister v Bannister [1948] 2 All ER 133, Re Sharpe [1980] 1 WLR 219 and Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [13] Mabo v Queensland (No 2) [1992] per Deane and Gaudron JJ [14] Tinsley v Milligan (1994): â€Å"English law has one single law of property made up of legal and equitable interests† per Lord Browne-Wilkinson [15] Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 [16] Pascoe, Janine ( ): Remedial Constructive Trusts and Corporate Insolvency: An Australian Perspective. Senior Law Lecturer, Department of Business Law Taxation, Monash University, Australia. [17] Muschinki v Dodds (1985) 160 CLR 583 at 614 per Deane J. Also Cope, M (1992): Constructive Trusts [18] Pascoe quotes a number of references from Australian literature: O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust. 30 MULR 735; Also Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. 7 Bond Law Review 67; Also Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66; Also Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. [19] Barnes v Addy (1874) LR 9 Ch App 244 [20] See Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR per Gibson, J at 509; 575 [21] Known as constructive trustees. This relates to a personal liability to an accessory to fraud [22] McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished 110 LQR 509 [23] Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 [24] See Soulos v Korkontzilas [1997] S.C.J. No. 52 [25] Pacoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia [26] LinterGroup Ltd v Goldberg (1986) 160 CLR 371: Constructive trustee was Linter Group as plaintiff. Goldberg Furst were directors of Arnsberg Pty Ltd who breached fiduciary duty. Southwell, J granted Linter Group priority over other creditors in terms of equitable claims and Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371: this claim was rejected [27] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90 [28] See Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1998] 3 NZLR 171. See also: Re Goldcorp Exchange Ltd [1994] 3 WLR 199 as it represents opposing characteristics [29] Muschinski v Dodds (1985) 160 CLR 583 per Deane J [30] â€Å"the plaintiffs must be able to point to something which can be said to make it unconscionable—contrary to good conscience—for the secured creditors to rely on their rights a law†Fortex Group Ltd (in rec liq) v MacIntosh [1994] 3 WLR 199 per Tipping, J [31] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 [32] Re Liggett v Kingston [1993] 1 NZLR 257 [33] Re Goldcorp Exchange Ltd [1994] 3 WLR 199 [34] Westdeutsche Landesbank Girocentrale v Islington Borough Council [1996] AC 669 [35] Constraints of space preclude a more detailed investigation of any of the cases [36] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [37] [1980] 19 RFL (2d) 165 [38] [1986] 2 SCR 39 [39] 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). [40] â€Å"absence of any juristic reason† [41] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [42] â€Å"†¦a constructive trust may be imposed where good conscience so requires. I conclude that in Canada, under the broad umbrella of good conscience, constructive trusts are recognized both for wrongful acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation†: Soulos v. Korkontzilas [1997] S.C.J. No. 52, per Justice McLaughlin [43] Breach of an equitable obligation; assets still with defendant; plaintiff to present legitimate reason for recourse to courts; no third parties who might be unjustly penalised through a constructive trust [44] Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p. 399 [45] Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA; Also Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA [46] Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74 and [1994] 2 All ER 606 PC [47] Westdeutsche Landesbank Gironzentrale v Islington London Borough Council [1996] AC 669, and [1996] 2 All ER 961, HL [48] Hussey v Palmer [1972] 3 All ER 70 (CA) per Lord Denning [49] Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115

Free Trade Agreement and Its Affect on Canadian Business Essay

Free Trade Agreement and Its Affect on Canadian Business With the coming of the Free Trade Agreement (FTA) there have been very serious implications for Canadian business and for that matter, Canada as a whole. Many aspects of the previous economic climate have changed such as the reduction or eliminatation of tariffs and the restrictions on subsidies to name only a few. There has been much heated debate on the pros and cons of this deal: whether Canada will prosper or become the 51st. American state. This paper will not take this approach to the issue of whether or not it is a wise agreement, but will look at what business can do to better itself with the existing FTA. If Canadian business is to survive and prosper in this radically changed North American and Global atmosphere of easier trading, then it must adapt. Some of the main areas that will have to be addressed is the need for more productive and efficient operations, a new focus by business on the new trading reality, and a change in policies by Government to enable Canada to function better with the FTA. The FTA stands to alter Canadian business which has grown rather relaxed and inefficient behind walls of tarrifs. While these may have initially spurred industry, they have after time encouraged complacency. With these rapidly disappearing walls, business will have to become "lean and mean" in order to compete in a very competitive global market. Looking at the present state of affairs our status in research and development (R&D), labour costs and expansion, there is much that must be done. Compared to the other industrialized western nations we lag far behind in nearly all areas. Take for example R&D. In 1990 Canada spe... ... Cameron, Duncan. The Free Trade Papers. James Lorimor & Company, Publishers, Toronto, 1986 The Canada and US FTA (Complete Doccument), External affairs Canada, Ottawa Laxer, James. Leap of Faith: Free Rade and the Future of Canada. Hurtig Publishers, Edmonton, 1986 The Case Against the Critics of Free Trade. John Miora. Finanical Post, Feb. 8, 1986 Brave New World. Marc Tait. Maclean's, Jan. 9, 1989 Firms going continental. Jennifer Sachsa. Globe and Mail, June 12, 1990 Roundtable: The Canada-US FTA. Fred Swift. Globe and Mail. August 12, 1988 End Notes 1 Firms going continental. Jennifer Sachsa. Globe and Mail, June 12, 1990 2 Brave New World. Marc Tait. Maclean's, Jan. 9, 1989 3 Firms going continental. Jenniger Sachsa. Globe and Mail, June 12, 1990 4 Roundtable: The Canada-US FTA. Fred Swift. Globe and Mail. August 12, 1988

Negative Communication

Negative communication is a kind of statement wherein the reader will receive a disapproving message regarding a matter where he/she is concerned. These messages usually result in an unpleasant negative reaction to the reader or receiver of the message so great caution is observed in order not to make the reader’s reaction worse than expected. Despite the fact that it results to a negative reaction to the reader, negative communication is still a part of any work. One situation is telling an employee who applied for a higher position in his company that he is not the one chosen for the position. An example of a letter having this kind of situation may be used in order to further describe the principles behind the construction of negative messages. The letter goes this way: Jan. 04, 1979 Anne Sweet Call Center Representative, Outbound Services World Directory Los Angeles, California   Ã‚  91330-8245 Dear Ms. Sweet: Thank you for applying for the Team Leader position. Your qualifications are good and may improve as you work hand in hand in our company. I have examined your information and seen that your stay in the company is not long enough to equip you in being a better team leader. You have been in the company for eight months and I am sure that you will continue to progress in the succeeding months or years to come. A greater amount of experience will make you more proficient. Also, a greater exposure to team building activities will enable you to be a better team leader in the future. Your good communication skills and good relationship with your coworkers are good points for you for these qualities are great points in order to be entitled as a team leader. Keep them up. Sincerely: Mr. Hughes Manager for Outbound Services In the letter, a buffer beginning was used. After a brief beginning, the reason for the letter is stated but not directly. It tries to deliver to the reader that she has not been accepted for the team leader position. The reason however is directly stated so that the reader knows why she has not been accepted. The lead was stated right after the pace in order for the reader not to have false hopes regarding her application. Following the lead is a suggestion that will enable the reader to be a better team leader in the future. A suggestion is put here to make clear that she may still be able to be a good team leader given the stated suggestion. The suggestion was also the motivation used so that the reader will still do well in her job and continue working in the company. A short but positive end is used in order not to increase the disappointment that the reader already have. Stating the positive points of the reader in the end will probably revive the reader and still hope for a better improvement and position in the company. It may be seen in the letter that it has not been directly stated that she was not qualified for the position. It has been in this manner because it may probably result to negative psychological effects to the reader and may perhaps, will discourage her to re-apply for the position even when she has already finished all the requirements. This kind of message was created very carefully so that the negative effects will not increase. As long as a negative message are to be delivered, proper care and attention to the words that should be used should be taken into great consideration. It should always be put in mind that negative effects especially psychologically, may probably occur in great amounts if the message was not taken with great concern. References: Writing Negative Messages. (21 August 2002)   Retrieved on Apr 26, 2007 from http://homepages.wmich.edu/%7Ebowman/badnews.html Revive the Lost Art. Retrieved on   Apr 26, 2007 from http://www.csun.edu/%7Evcecn006/lettr.html

Origional Writing †Media Coursework Essay

After 6 weeks of non-stop sailing for the 14-year-old British schoolboy, Michael Perham has successfully completed his objective: becoming the youngest person ever to sail solo across the Atlantic, beating Sebastian Clover who, at 15, had held the record since 2003. Mike began sailing at the age of seven and has since completed the RYA courses in dinghy sailing and windsurfing, as well as being thoroughly prepared by his father (a qualified Yachtmaster). Before Mike could begin his incredible journey, he spent many long hours persuading wealthy companies to sponsor him so he could finance the trip. No easy task for a 14-year-old! Eventually, he managed to gather enough sponsors to buy the 2 yachts and all the equipment, safety measures and back-ups he could possibly need. His main sponsor was ‘Sketchers’ without whom; the trip would most likely have been called off. The RYA was going to be the main sponsors of the pair but they withdrew their hand after accusing Mike of using a category B yacht. The Tide28 did not comply with the RYA’s safety requirements and was not class A. However, Mike’s dad said angrily: â€Å"While that’s true, we have strengthened it up to comply with many of the category A requirements and it is better suited to our route. It’s frustrating that we did not have the chance to say that. † He also set up an online website with daily updates to his blog, and details of his trip, location and the charities he’s supporting. So far, Mike has raised around i 2,000 apiece for both BBC Children In Need and RYA Sailability (aimed at helping disabled people to get into sailing). You can donate to either of these charities by visiting Mike’s website at: http://www. sailmike. com/charities. htm. On the 18th November, Michael Perham, from land-locked Potters Bar, Hertfordshire, headed off from Gibraltar on the 18th November 2006 with the intention of sailing into the record books in approximately 4 weeks. With his father (Peter, 47) shadowing him, in an identical – 18ft – Tide 28 yacht – ‘Arturus’, he and ‘Cheeky Monkey’ set sail for Antigua. His route following the trade winds, tried and tested by seafarers down the centuries, had to include a last minute diversions to the Canary Islands and Cape Verde for equipment repairs. Having planned to cross the 3,500 miles and reach his destination before Christmas, the realisation that his journey time must be extended would have been aggravating but necessary. During the voyage, Mike has encountered all kinds of problems and pleasures, including: sharks; dolphins; gale-force winds and 25ft waves! Often on his journey, Mike was accompanied by the dolphins’ friendly presence or the sharks’ more frightening one, but throughout it all, the experiences were exhilarating, Steve, 39, head teacher of Chancellor’s School in Brookmans Park (Stuart, 39) said, â€Å"It was an opportunity in itself. It would be a huge learning curve for him. He would learn resilience and dealing with solitude, whilst keeping up on his homework, of course! † On November 25th, Mike wrote: â€Å"Had my first experience of squalls, they really do knock your teeth out! † which shows just what a challenge this trip was for him. Despite the Tide 28s being far safer than horse riding, Mike seems to have encountered every possible hitch, a matter confirmed by Mike’s publicist – Kizzi Nkwocha: â€Å"Almost everything you could imagine going wrong, did go wrong – mechanical failure, technical failure, shark-infested waters, waves the size of skyscrapers. † However, Mike coped remarkably well with all problems sent his way, including diving off his boat to untangle a rope from the rudder. As well as the large amount of sailing thing activities that Mike had to attend to, he enjoyed reading; listening to music; playing battleships with his dad over the WHF Phone; and, inevitably, homework. He also started to teach himself the guitar and he filmed his most extraordinary moments aboard ‘Cheeky Monkey’. Mike’s reception Antigua was very convivial, with a welcoming flotilla to bring him in, consisting of all sorts of vehicles from dinghies to speedboats. The response from the media was highly praising as was that from his parents, with Mike’s mum, Heather Perham, 50, (who has remained on dry land in the UK during the voyage with Michael’s sister Fiona, 16,) stating: â€Å"I’m really, really, really proud of him. Peter, said: â€Å"It has been very hard on him, he has had no Christmas presents, no snacks, no video games or T. V. and no company for 6 weeks now, but everyone here is extremely proud of his achievement, as is Mike. † However, the public reaction has been largely 2-sided – whereas it was expected Mike’s achievement would be celebrated, in many cases, jealousy or some other factor has caused much criticism of his achievement. The main objects of dispute have been that Mike was from an upper-class family, and so had â€Å"more opportunity† and the fact that his dad was following a couple of miles behind. One online correspondent even said: â€Å"So Little Lord Fauntleroy has sailed across the pond, big deal! † Whereas another pointed out: â€Å"If a force 10 gale had hit, Peter Perham would have enough to worry about on ‘Arturus’, let alone chasing after Michael. He would have had to cope alone. † To start with Peter said: â€Å"Michael said to me: ‘It would be great if I could do that, Dad. ‘ As a parent I just thought it was a typical boy’s dream. I never thought it would actually happen. Now he has been proven wrong – to his delight – and all in all this is a remarkable achievement for someone so young and he deserves all the praise he is given. And who knows how many people have turned their thoughts to the future already: Will an adventurous 13-year-old break Perham’s record any time soon?