The Law of Trusts Case Study Example | Topics and Well Written Essays - 3000 words

The Law of Trusts - Case Study Example In 2004 Brian entered into a covenant under a trust deed with his children Pat and Richard. Pat and Richard can sue against Brian at law for damages to compensate Pat and Richard for their loss of expectation if Brian does not perform his promise. In Cannon v Harley1 a father promised his daughter by deed that he would pay her any sum exceeding 1,000 which he received under his own father's will. When he failed to do so, she successfully sued him at law for the amount she would have obtained had his promise been performed. It is important to note, however, that the same promise was not enforceable in equity. Equity will enforce promises made for consideration, but not ones whose only claim to enforcement is that they are contained in a deed. None of the property referred to in the 2004 covenant has been transferred to Pat and Richard. Brian appointed Tony and Nathan as his executors and trustees under his will. Now the question arises who can enforce the covenant. If the Contract (Ri ghts of Third Parties) Act 1999 were to apply to covenants (which is doubtful) then assuming the requirements of the Act were satisfied, Pat and Richard would be able to enforce the covenant at law and obtain damages for lost expectation. It can be argued that they hold the benefit of the right to sue on the covenant on trust for Pat and Richard. If this argument, the 'trust of the covenant' argument, can be made out, then Pat and Richard can compel Tony and Nathan to sue Brain. The assumption is that Tony and Nathan would recover substantial damages, which they would then hold on trust for Pat and Richard. There are three difficulties, which stand in the way of this argument succeeding. To be a valid trust, it is necessary three certainties, formalities, and perfect constitution. A trust will be perfectly constituted where the rights, which are to form the subject matter of the trust, are vested in the intended trustee. The principle laid down in the case Milroy v Lord2, Lord Turne r LJ explained three ways of benefiting third parties. The easiest way to benefit the third party is by an outright gift. If the Beneficiary is minor and a gift is a real property then it is not possible. In this situation, he needs to create a trust or declare himself as a trustee. The transfer to the trustees must accord with the rules applicable to the property concerned. Legal estates in land must transferee by deed, equitable interest, and copyright by writing (which may include an electronic document), chattels by deed of gift or by an intention to give coupled with a delivery of possessions, a bill of exchange by endorsement, and shares by the appropriate form of transfer followed by registration.   The traditional approach also adopted in subsequent cases like Re Fry3, required all stage should be completed. However, if the settlor wants to become a trustee himself he must declare it in clear and unequivocal terms, which carry out man's intention.  

Women in general management Essay Example | Topics and Well Written Essays - 500 words

Women in general management - Essay Example   The Goodpaster article tries to outline some of the ethical issues that general managers confront in their location and the organizations. The issue of affirmative action is very common with many Managers, and this leaves them in an awkward position due to pressure emanating from within and outside the organization. Because of this, the article notes that managers need a more orderly way of thinking through the moral implications of policy decision. The above mission statement shows that women are capable of delivering given the favourable atmosphere. However, many societies and corporate environment don’t allow women to scale higher because of the negative perception of, â€Å"they can’t do." This has for over the decades subordinated the position of women in the corporate environment and gave men the chance to enjoy the opportunities. A good manager is one who weighs the available options and bases the actions on the policies that the organization has set. Simila rly, the actions that a manager resorts to must comply with the set laws such as ensuring affirmative action and implementing where it is due. Doing this will ensure that the decision passed by the general manager respects the rights of others, keeps promises and contracts, obeys laws, are fair and prevents harming others.Additionally, general managers can ensure they overcome the dilemma that makes them discriminate against women in leadership by following the three avenues of critical thinking as discussed in Goodpaster article.   

Factors Affecting the Efficiency of Ball Mill Essay Example for Free

Factors Affecting the Efficiency of Ball Mill Essay Ball mill is the key equipment for grinding after the crush process, and it is widely used in the manufacture industries, such as cement, silicate, new building material, refractory material, fertilizer, ferrous metal, nonferrous metal and glass ceramics, and ball mill also can be used for the dry and wet grinding for all kinds of ores and other grind-able materials. 1, The impact of media materialThe generally used crushing media mateial include: various mine materials (manganese, copper, tungsten ore, chrome ore, etc. ), various types of stone (limestone, granite, gneiss, basalt, gray rock, etc. and industry coal used in power. The hardness of the media is the main basis that determines the liner plate wear, the higher hardness of the media, the shorter service life of the liner, on the contrary, if the media is with a lower hardness, the service life of the liner will be prolonged. 2, The impact of operating conditions1) Eliminate defects not timely. 2) Adjusting undeservedly makes the ball mill running at a short positions. 3, The impact of liner materialThe main parameters affecting the anti-wear effect is matching of the two index of hardness and impacting toughness of liner material. If the liner plate has a higher hardness, which means it has a good wear resistance, and the two factor basically is a proportional relationship. The impacting energy depends on the size of the diameter of steel ball and grinding tube. 4, the impact of the ball mills designing and manufacturing and the installing quality. The performance of the lining plate generally include the following two: one is to protect the cylinder; another is that the liner plate rotates at a specific speed to raise the ball to the required height to achieve the desired effect. The quality of the liner plate is also direct factor affecting the normal operation of the mill. Those above are the main factors affecting ball mill liners, we recommend that you should firstly consult the expert before you buy a ball mill. And youd better go to the manufacturers with strength production and reputable brand purchase. The structure is divided into integral type and freestanding type. Advantages of the machine are lower investment, energy saving, structure novelty, easy and safe to operate, stable and reliable performance, etc. It is suitable for mixing and milling of general and special materials.

China beer market competetor analysis

China beer market competetor analysis CHINA BEER MARKET COMPETETOR ANALYSIS Quick Over view: Aire Breweries plc. Is UK based beer marketing company that been selling premium beers. The company is enjoying fairly good market share. The beer market has become saturated due to intensive competition and in-line pricing strategies. The Aire Breweries plc. as a part of logical extension decided to enter Chinese market, where beer market is largest in the world next to USA. The Strategic Triangle- 3Cs: The strategic triangle proposed by Kenichi Ohmae states that any company success in long run pivots around 3factors: Corporation, Customers Competition. In construction of Business strategy above factors must be examined thoroughly to arrive at marketing plan. The Corporation: Aira Brewries is beer selling company selling beer brands like Hostenbech- European style lager beer, San Bernanardo Cameolet- British style dark bitter beer, Ark royal British style dark bitter beer, pot of gold- Irish style dark stout beer with premium price. The brands are promoted through super markets, fashionable markets, Up market city centre bars. The copany has high cost structure and has efficiency as its strength. The Customer: The proposed target market China is undoubtedly a large consumer market in the world and beer in particular. The vast spread of consumers with varied languages make MNCs experience the difficulty of convincing Chinese consumers. The competitors: In china due to liberalisation policy many MNCs are trying to make a mark in China market. The competition in china Beer markets is very intensive. China market expects to come up with cost effective products where local sellers have an edge over MNCs. San Miguel is one of top three selling brands in china and largest selling brand in china. Sabmiller is the world second largest selling has 47 breweries and operating in 13 provinces of China. Bud Light beer has bottom line structure. Various players include CBR Brewing company inc. china Food beverage company, China resource enterprise ltd., Fomento Economico Mexicano SA de CV, Scottish new castle, Fujian Yanjing Huiquan Brewing group Kirin Brewery Company Ltd., etc. Quick glance at China Economy: China has recorded 11.9% GDP growth rate accounts for $ US 3565 billion (USD 1 = RMB7) is a clear indication that Chinese have got fair standards of living and spending power of consumer has been remarkable Economic Indicators 2007 2006 GDP (RMB trillion) 24.7 21.1 Per capita GDP (RMB) 2,200 16.084 Per capita disposable income of urban households 13,786 11,759 Per capita Net income for rural households 4,140 3,587 Table: 1 Source: National Bureau of Statistics Market Opportunities threats in China: Due to vast population China will offers great opportunities for potential marketers, provided the market is analyzed and a feasible program is developed. The barriers usually for any MNCs are inadequate market data, inappropriate entry strategy. Poor access to supply chain, vast spread of geographical market, cultural differences etc. It is advocated to distinguish the gap between the developed and less developed markets. Uniform marketing strategy is not suitable in view of large market. The beer market is not similar every where; it is more of localized driven by local tastes and preferences. It could be defined as pool of regional markets. Domestic players will play dominant role and take maximum market share. But their presence is limited to maximum of 2% of national market. Majority of market share i.e. 45% is controlled by 4 players. Beer Market Scenario in China: The high spending level of consumers in China has lead to growth of Beer market in manifolds and ignited by Foreign Direct investment. China has now became largest national beer market in the world crossing USA. There were 4 companies in china and has grown to 60 by 2007. McKinsey Global institute has thrown light on newly emerging segment in the recent past- Urban Middle class who has been earning RMB 100000 ($12000) a year became a hot button to every beer marketer. Table 2 Year Million Liters Annual Growth (%) 2007 32035,83 10.04 2008 33459.42 4.44 2009 34 904.69 4.32 2010 36,371.42 4.20 2011 37.860.59 4.09 Source: http://www.globalbusinessinsights.com/content/rbaa0012m.pdf Growth of China Population Trends: It is a known fact that china is most populated country with 1321 millions as per 31 December 2007 comprise of 51% male 49 percent female. The population size makes china a land of opportunities driven by advanced technology usage while producing. Understanding Chinese Market Risk Element: Small Medium enterprise like Aire breweries may need to mobilize recourses to tap the potential of Chinese beer market. In this regard they have to analyse their strengths weaknesses. Most of MNCs fail because of the poor distribution system and failure to identify a piggy back partner. More over the law in china has been very stringent. Unless the marketer study the cultural aspects thoroughly it may lead to chaotic situation. Cultural aspects of China Market: Chinese consumers are very patriotic and do practice their culture meticulously. Due to strong socialistic approach they support local products. Foreign players may suffer from non-acceptance of their offering due to invisible influences of culture which cannot be demonstrated. Law at China: The china legal system is very complicated and frustrating to MNCs. The familiarity to china culture will facilitate the understanding of law. It is always better to have a local partner to promote the business and as a part of political risk (i.e. confiscation of assets or blockage of funds) handling mechanism Geographical Segmentation: It is wise to adapt Regio-centric approach or Multi Domestic approach to reach vast china market. Here subsidiary in each province of china has to devise their plan to suit the need Preferences of that region. This approach demand to have varied marketing mix with coordinated efforts of other territories. Demographic Profile of Consumers: China population (1341 millions male female ratio 51:49) has been multi-religious ranging from Buddhism, Taoism, Catholics, Protestantism, and Islam, interestingly deal business according to their religions and Socio-cultural values. Since ages Chinese companies have been transferring ancestral values to present generation which establish relationships refer to term â€Å"guan xi†. Relations drive the businesses to offer extent of product mix. Distribution of Population income wise: Table 3 Population (million) Gross National Income (Billion) Low Income 2512 10.20 Middle Income 2667 49.22 High Income 955 49.22 Source: US census Bureau, World Bank group, McKinsey analysis Marketing Mix: Product: China has been largest beer market but with different tastes across the nation. 500 ml and 750 ml are most preferred quantities served in bottles cans. The per capita consumption 18 ltrs has not been impressive when compared with USA (84 ltrs) UK (74 ltrs) per capita consumption. Aire Breweries need to develop localized tastes along with their premium brands. The test marketing will help company to know the preferences. Price: The beer in china market is sold at pretty cheap. 750 ml beer costs 25 cents. Locally made MNC brands Carlsberg and Pabst blue are also sold at fairly cheaper rates. Aire breweries plc., has to adapt bottom line pricing or inline pricing to get acces in the market Promotion: As many languages are used across china, mandarin is widely used language, it is a difficult task to develop a theme while advertising. Few MNCs failed to translate the essence of ad copy lead to waste. It may be advocated to be cautious to understand cultural dimensions while developing ad copy to rural folks Place (Distribution): The mechanism of distribution of beer products in China takes place via Distributors appointed by Manufacturers in turn retailer super markets. Distributor is focal point from which whole-salers supply the goods. Each distributor holds rights to sell one brands. Wholesalers will buy different brands from different distributors and dispense. Foreign players suffer from effective reach. Joint venture structure of distribution will help to overcome problems. Piggyback model of distribution will strengthen Distributor- retailer model. Multi channel mode of distribution will serve the purpose. Marketing Planning: International marketer need to deal with at least two level of uncontrollable uncertainties. The success of marketing program depends on optimal adjustment to business climate in which you are operating. After analyzing opportunities and select the province of china next step is to define the target market. Chinese are got enough disposable income and have been accepting beer as food beverage. Target market will give a direction to develop marketing mix and total number of potential consumers approximately. Aire Breweries should have good local partner to implement marketing strategy and extend support to reach target market. The price and promotion campaign need to be devised according to local practices. Entry Strategy: Once the market profiling is done, it is always good to enter in to the Chinese market through a joint venture. For many years, the Aire Valley Breweries plc, a UK company focused its marketing effort on premium-priced products. As beer market is growing at good rate, it is high time to get in to China market with constructive marketing strategy. A Joint-venture with local partner will offer ease in operations procurement of recourses, recruitment and handling beaurocratic issues. The local partner knowledge on competition, language, culture and business systems can influence the government policy. Conclusion: China is very potential because of vast population but high levels of risk has been demonstrated.Aire breweries may take assistance of local marketing research organisation to seek first hand information for political socio-cultural aspects. References: Kenichi Ohmae, (1990), The Next global stage available at http: //en.wikipedia.org/wiki/3c%27s_model Jeffrey Hays (2008) wine beer in China available at http://www.factsanddetails.com/china.php?itemid=142catid News Report (Dec 2006) Beer market in china http://www.globalbusinessinsights.com/content/rbaa0012m.pdf National Bureau of statistics of China, available at http://www.chinaknowledge.com/market/book- Starmas international Business consultants (2009) China trends available at http://www.starmass.com/china_review/economy/_overview/china_macroeconomic.htm China Knowledge Bureau report, (2008) available at http://www.chinaknowledge.com/market/book-china consumer.aspx?subchap=1content=3 Chinese Beer Industry Report, (October 2007) Koncept Analytics Publishers, UK available at http://www.reportbuyer.com.food_drink/alcoholic_drinks/beer/chinese_beer_industry Beer Market in china (2008), A Market analysis of Aroq Ltd. Published at UK available at http://www.justdrinks.com/store/product.aspx?id=68150 Jeffrey Hays (2008) wine beer in China available at http://www.factsanddetails.com/china.php?itemid=142catid 10. Richard Benson-Armer, Joshua Leibowitz, And Deepak Ramachandran (1999) Global Beer: Whats On Tap? available at https://www.mckinseyquarterly.com/ghost.aspx?ID=/Global_beer_Whats_on_Tap_321 News Report, (December 2006 ) Beer market in China http://www.globalbusinessinsights.com/content/rbaa0012m.pdf Don Lee, (29, April 2009), China relaxes business regulations, Los Angeles Times, available at http://articles.latimes.com/2009/apr/29/business/fi-chinaregs29 Charles W. L Hill, 2005, 5th Ed, International Business, Tata McGraw-Hill, New Delhi, India p- 166 Philip R Cateora, John L Graham (2008) 3ed, International Marketing, Tata McGraw-Hill, New Delhi, India p26 InfoPacific Development Inc. (2009), Kompass, China http://www.chinatoday.com/general/a.htm Prof. Jiangang (Jim) Dai Prof. Chen Zhou (March 2008), Beer Distribution In China, Georgia Institute of Technology, available at http://www.scl.gatech.edu/research/china/beerreport2008.pdf China Business Intelligence analysis available at http://chinabizintel.com/industry-updates/several-major-problems-in-chinas-beer-market.html

Teen Marriage (and Divorce) :: Exploratory Essays Research Papers

Teen Marriage (and Divorce) Why would a single young female like me write an essay about marriages and divorces? Well I'll tell you why I wrote it. I chose to write my paper on marriages and divorces because I am very interested in how the lengths of marriages among young adults have changed over the years. I'm also interested in why they divorce at such an early time in their marriage. The age and reason of marrying today has changed dramatically over the years. Many young people today are starting to get married at a very young ages and they're doing it all for the wrong reasons. . So start my research I asked myself, how far back in history have young adults been getting married? About states: In Ancient Rome, girls married between the ages twelve and fourteen as well as some young men married at the age of fourteen also. However, during the middle ages, women married as early as fourteen. But men usually waited until they were well on their feet and able to support themselves as well as a wife. In 1371, the average age for women to marry was 16 and the average for men was 24. However the age changed in the year 1427 to men marry in their mid 30's and marrying women about half their age. (1) However that's when marriages were accepted by society. Today young adults aren't married as young, but their marriage doesn't last as long either. For instance, Macaulay Culkin and his ex wife married both at the age of 17, but they ended up getting a divorce with him at the age of 19 and her at the age of 20. Their marriage only lasted for 2 years after they found out that their love for each other was really just a fling. I don't think that they should have been thinking about marriage at that age and point in their lives. They both had their own busy lives which they had already planned out what they wanted to happen. I'm sure neither of them had included the part about getting married at the age of 17. 1 also think that they really weren't as ready as they thought they were. They probably figured that because they feel that they are in love that they should just go ahead and take that extra step and get married to be with each for the rest of their lives, which didn't turn out that way.

student :: essays research papers

Change your mind, choose your mood Magazines, members of the print media family, have entered the twenty-first century in a state of confusion. Although they are still very much ink on paper products, magazines also reaches people on websites, they are exclusively available in digital form on the internet. At the same time, magazine format, which information organized by topic and theme in an entertaining manner, has been borrowed by television. Thus the magazine is a media product, a medium of communication, and a communication format. Understanding what magazines are and how they have evolved from their beginnings is one of the vital things in understanding what they are today. Many people nowadays ask the question: what differentiates a magazine from a newspaper? Actually it is a necessary question, since in contemporary publishing it is sometimes difficult to distinguish between the two. Generally, a magazine is a published less frequently than a newspaper. It is also manufactured in a different format; usually on better quality paper, bound rather than merely folded, and with some kind of cover. Magazines today then retain their traditional functions. They are a major medium of surveillance, often delivering information ahead of the rest of the media. Some magazines like Time, are intended mainly to inform and others like Playboy, to entertain. However, among the various functions served by magazines in contemporary society, the most notable is still correlation. This refers to interpreting society and its parts, projecting trends, and explaining the meaning of the news by bringing together fragmented facts. The magazine from which we will be discussing an advertisement is categorized as a consumer magazine, called SHAPE. Shape has a specific target audience, mainly woman trying to live a healthy life. This magazine has all kinds of articles, including low-calorie recipes, methods of exercising and ways to dress to look fit. The types of advertisements they publish are mostly related to health; beauty, skin, food and many more. While skimming through this magazine, an ad cau ght my attention. On a white background, starting from the top going vertically; three simple words combine to from the first half of the slogan: "Change your mind" printed in Times new roman, and in black. Slightly beneath it, a color palette make-up case with five circular colors: lime, orange, green, brown and pink. They are in a metal case, with an eye shadow brush (pinceau).

Inclusive education Essay

The concept of inclusion has been adopted as a response to the mandate of Public Law 94-142 or the Education of the Handicapped Act of 1975 which aims to place disabled and mentally-challenged students in non-restricted environments where they have access to equal opportunities in education. Inclusive education is an academic program where children of varying abilities are placed in one class or group and allowed to interact together to facilitate learning. It aims to provide all types of students with equality and exposure to the same learning stimulus that is bound to create various learning experiences to different types of children. And although many educators recognize that this is a breakthrough scheme for integration and intellectual freedom (Porter, 2001), in some cultures, this is the traditional way of teaching preschool children since special classes for attending to disabled children have not yet been developed at that time (Duncan, 2001). The scheme may involve only partial inclusion where special or disabled students can be pulled out anytime from class as the need for it arises. Oftentimes, for this category, another teacher who caters to the specific needs of the disabled students is also present. Full inclusion, on the other hand, is usually applied for disabled or special cases of students with high levels of learning capacities. Similarly, George and Alexander (2003) noted that in cases where tracking or ability grouping could not be totally excluded, partial de-tracking is also a good alternative. Inclusive education is a form of recognition (Friendly and Lero, 2002) and value that goes beyond human rights and equality and is a contributing step to eliminating social exclusion in the community. It promotes active and meaningful participation to all members of a group or class and offer different prospects for the students who experience the different class activities in their own light. They are able to socially interact, treated equally despite cognitive, physical or financial levels and, most importantly, achieve happiness and security. These are the essential elements and goals of inclusive education (Sen, 1999). As the Laidlaw Foundation puts its, it requires an active change in current policies and programs and build community-based foundations that will benefit and develop equal opportunities for both children and families (Friendly and Lero, 2002). On the other hand, early descriptions of inclusive education provide less drastic measures for improvement. Kamps et al.(1994) note that the strategies employed in inclusive learning are cheap measures designed to center on techniques that are less invasive but improves both the academic and social learning of the children (Kamps et al. , 1994). They also add that despite an inclusive program, change will not be truly instituted if the techniques cannot be adapted to current educational classroom systems that are at in place (Kamps & Carta, 1989). The members of the Inclusion InterAmericana (2000) also agree that Inclusive education is a cheaper alternative to provide disabled students access to education as evidence by their limited resources and provision. Cooperative learning is one aspect of inclusive education, where students are classified into smaller learning groups created for the purpose of maximizing learning and development (Johnson et al. , 1990). This type of grouping, also referred to as a heterogeneous classification has aimed to ensure that each student receives the same high class standards of instruction and education. The access of all types of students to these educational practices will allow them to benefit in the same way that others students do (Daniel, 2007). This type of scheme not only follows a mandate to provide children with the equal opportunities in education but also aims to improve the skills of the students relative to the learning levels each child possesses (Yonezawa and Jones, 2006). The children in an inclusive class who, in an ideal situation, are helping each other learn also do not need to be in the same age levels as other students as in the case of a learning strategy in an inclusive set up called cross age tutoring (Barbetta et al., 1991). In contrast to inclusive education, a scheme called homogeneous grouping, or ability grouping or tracking, is a case where students are grouped according to similar cognitive levels. The grouping is done by determining abilities of students through studies on their previous test and activity scores and those with similar abilities are group accordingly (Daniel, 2007). Gamoran and Weinstein (1998), George (1988) and Slavin (1993) all note a lack of evidence that ability grouping is effective. In addition, Vang (2005) discusses the disadvantages of this scheme to students with poor learning abilities, those from the minority and even financially challenged children. As Friendly and Lero (2002) note, exclusion in any form results in not only vulnerability and inability to voice out to the proper forum but also reduces quality and limited capabilities of life experiences. They also stress that a changed path from exclusion will enable social cohesion and improve life prospects. This also applies not only to communities but also to students in classrooms as well.