A trustee will be liable for breach of trust if breached

A trustee will be liable for breach of trust if breached Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . A trustee will be liable for breach of trust if that breach if breached Hence, in determining whether Sue has caused any lost to the trust, we must first identify whether the terms of the trust have been breached. And since the trust was created for the benefit of the GLEE club members, it is evident that the trust has not been duly administered in accordance with its provisions as the administration of the trust appears to be entirely in favour of Sue herself. This is exemplified by the purchase of shares in Poly-Sue, of which Sue is an owner, Sue’s life insurance policy, the life size statue of Sue and the bottle of wine. It is questionable whether the shares that were purchased in the soft drinks company was in fact beneficial to the trust, yet it is doubtful that the money which was paid into Vital Adrenalines account and the bet in which Sue placed upon Vital Adrenaline to win was in accordance with the trust provisions. As such, a breach of trust has undoubtedly occur red because as made clear in the case of Armitage v Nurse   [ 4 ]   , â€Å"a breach of trust may be deliberate or inadvertent and may consist of an actual misappropriation or misapplication of the trust property or merely an investment that is outside the trustees powers†Ã‚   [ 5 ]   . Furthermore, it was also made clear in the case that a breach of trust can in fact occur regardless of whether the breach was beneficial or injurious to the beneficiaries. Therefore, even if the shares which have been purchased or the bet which was placed were beneficial to the beneficiaries a breach will still be capable of occurring. This is because, as provided under section 1   [ 6 ]   of the Trustee Act 2000 a trustee has a duty to ensure that reasonable care and skill is exercised when managing the trust. Nevertheless, if Sue can demonstrate that she took all of the necessary precautions that an ordinary prudent man would have taken when exercising the trust fund then her breac hes will be discharged as shown in Speight v Gaunt   [ 7 ]   . It is however unlikely than an ordinary person exercising the same skill a Sue would have managed the trust in the way she did, yet as stated under section 3 (1)   [ 8 ]   of the Act, â€Å"a trustee will be capable of making any investments which he would have himself made if he was entitled absolutely to the trust assets of the trust†Ã‚   [ 9 ]   . Therefore, it could be said that Sue would have made the same investments had she been absolutely entitled to the trust assets and so her investments were in fact reasonable. Nevertheless, Sue’s investments are unlikely to satisfy the â€Å"standard investment criteria† under section 4 (3)   [ 10 ]   . This is because as shown in the case of Cowan v Scargill   [ 11 ]   , a trustee must ascertain that any investments which are made are wholly beneficial to the beneficiaries and not themselves. Thus, since this is not the case a breach of trust has evidentially arisen. As for Will, since he is also a trustee under the trust fund, he too will be liable for the breaches of Sue if it can be shown that he was â€Å"recklessly careless†Ã‚   [ 12 ]   . This has been demonstrated in the case of Re Vickery   [ 13 ]   , where it was held that a trustee will be found to be â€Å"recklessly careless†Ã‚   [ 14 ]   if it can be shown that he did not care whether his act or omission is a breach of trust. Consequently, since Will omitted in his duties to take proper care of the trust fund because of the fact that he has issue in his personal life, it could be said that he was â€Å"recklessly careless†Ã‚   [ 15 ]   and therefore, he too may be found to be in breach of his fiduciary duties. It has nonetheless been argued in light of this decision that the circumstances were exceptional since â€Å"trustees were rarely liable for the acts of their agent†Ã‚   [ 16 ]   . Whether the same can be said in the instant situation is arguable but seems likely given that trustees are assumed to have acted unanimously as in Re Mayo   [ 17 ]

Techno-Optimism is pervasive Essay Example | Topics and Well Written Essays - 250 words

Techno-Optimism is pervasive - Essay Example Techno – optimism is universal despite presence of numerous and serious shortcomings as well as consequences of past technologies. For instance, the introduction of computers has been instrumental in transforming the world and easing various computer related processes thereby, increasing production and improving human life. However, the 1956 project by IBM to design the world’s supercomputer IBM 7030 was a big failure (ITs biggest project failures, 2015, p 1). The computer also known as Stretch, could handle half million instructions every second, and was thus regarded as the fastest. This technology was a failure since it could only reach 30- 40 times faster than the system it was intended to replace. Therefore, Stretch could not meet its intended target of being 100 times faster than the target system. Due to the failure, IBM was forced to lower the value of Stretch from the initially planned value of $ 13.5million to $7.8million (ITs biggest project failures, 2015, p 1). This selling price was below total production cost thus, forcing the company to halt production of Stretch with only nine having been built. Despite the failure, society is still optimistic with the invention and believes that additional or more advanced technology will in future offer satisfactory solutions. For instance, one of the Stretch team members; Fran Allen acknowledged that the entire process led to development of various technologies which, have assisted in shaping of the computer building industry (ITs biggest project failures, 2015, p 1). However, this is in disregard to the production loses incurred as well as the time and energy used in the entire process. Therefore, I believe that the idea of technology advancement is a noble notion which, is critical in shaping and making life relatively easier and stress free on earth. However, being too much optimistic is dangerous since it comes with severe consequences and shortcomings. These include

In the play Death of a Salesmen What is Miller's definition of the Essay

In the play Death of a Salesmen What is Miller's definition of the American Dream What does Miller suggest that the Am - Essay Example Throughout the text Arthur Miller never openly states his concept of the American Dream, instead demonstrating fallacies surrounding this concept. Still, it’s clear that in considering the cynical elements in relation to their positive converse, one is able to articulate a concept of Miller’s American Dream. In one of the most crucial scenes in the play, Willy Loman asks his boss for a raise. In a desperate plea to convince Howard, Loman relays an anecdotal tale. He states, And when I saw that, I realized that selling was the greatest career a man could want. ’Cause what could be more satisfying than to be able to go, at the age of eighty-four, into twenty or thirty different cities, and pick up a phone, and be remembered and loved and helped by so many different people? (Miller Act II, scene ii). This is a complex statement. In some regards, one can argue that Miller is implementing a touch of comedic irony in Loman’s overly enthusiastic support for his t raveling salesman job. However, in another context the job represents for Loman a partial realization of the American Dream. In this profession he has found a meaningful means of procuring a living.

Severe Combined Immunodeficiency (SCIDs) Essay Example | Topics and Well Written Essays - 500 words

Severe Combined Immunodeficiency (SCIDs) - Essay Example The most common infections are respiratory infections. Since the disease is a recessive trait, a horse carrying one of the genes appears normal but when a foal is born with two defective genes the result is 100% fatal (Oglesby, horseadvice.com). Heterogenous carriers can transfer mutations to their offspring. The condition is characterized by lymphopenia, hypogammaglobulinemia, and absence of tissue lymphocytes. There is a definitive test for SCID gene in Arabian foals. The test is performed on secretions from the mucosal swab or blood. The specific test involves cutting up the DNA with PCR restriction enzymes and then examining the relevant section of the gene. Genetic cause of a SCID is a 5-base pair deletion within the catalytic subunit of DNA dependent pro-tein kinase (DNA-PKc) (Zavrtanik, Mesaric, & Majdic, 2005, p.37-41). This mutation causes a frame shift at codon 3155 of the transcript. This further results in 967 amino acid deletion from the C- terminus that includes entire phosphatidylinositol 3- linase domain, thus making DNA-PKC functionally inactive. The affected foals are clinically normal at birth. But they soon develop signs of infection during the first 2 months of life. The first clinical signs are usually noticed between two days and six weeks of age. These signs include fever, tachycardia and tachypnea. The small animals are unthrifty, lethargic and tire easily. But they continue to nurse and eat solid food. Respiratory infection occurs commonly and is manifests as bilateral nasal discharge, cough and dyspnea. Those who survive longer may develop chronic diarrhoea, alopecia and dermatitis (Zavrtanik, Mesaric, & Majdic, 2005, p.37-41). The most constant findings in SCID are lymphopenia (

Motivation and Its Impact on Employees Commitment and Work Performance Essay

Motivation and Its Impact on Employees Commitment and Work Performance - Essay Example According to Gallup Organization research, â€Å"only 29 percent of employees are motivated and energized† (Daft 2007: 248). A similar Towers Perrin global survey reveals even lower results with only 14 percent of employees across the world showing high engagement levels in their jobs. Empowering employees promotes motivation which in turn increases their engagement and commitment to their jobs, these factors raise their performance levels, and ultimately increase the company’s competitive advantage. Employee motivation is inducement or incentive which may be self-generated or produced by external forces, that promotes satisfaction and an urge towards improvement in performance. Employee commitment is defined as the attachment, loyalty, and the â€Å"strength of the individual’s identification with, and involvement in a particular organization† (Armstrong 2006: 271), and includes the employee’s extent of engagement in his job. Productivity is define d as â€Å"the efficient as well as the effective use of resources to achieve outcomes† (Berman, Bowman, West & Van Wart 2005: 309). Productivity is related to the quality of human resources and their performance. Thesis Statement: The purpose of this paper is to examine the significance of empowering employees to increase their motivation levels, and with the help of relevant theories and examples explain how motivation can affect employees’ commitment and performance at work. The Empowerment of Employees to Motivate Them Empowerment is the process of increasing employees’ responsibilities while holding them accountable for outcomes. The purpose of empowerment is to get employees to take responsibility for producing results rather than merely â€Å"following rules and regulations without producing tangible results† (Berman et al, 2005: 316). It includes various factors such as re-engineering and re-designing existing delivery processes to make them less error-prone, more efficient, effective, and timely. Re-organization of the company’s operations to eliminate wastage of resources and personnel, and replacement of earlier methods of working with information technology are also reforms that empower the workforce. Replacement of old tasks with high technology equipment or new approaches would require staff training for new responsibilities. Any anxiety on the part of workers should be addressed by human resources personnel to help employees increase their skill sets, and when any jobs become obsolete the employees should be helped to find comparable jobs within the organization. An example of addressing employees’ concerns regarding management’s disinterest in their welfare, is the Scotland-based insurance intermediary Kwik-Fit Financial Services.

Comparing international developments to New Zealands policies and Coursework

Comparing international developments to New Zealands policies and practices, in relation to disability and aging. Both groups are to be covered - Coursework Example They have emphasized the use of the term without any form of discriminatory tone or motive. Based on this argument, different scholars, governments and organizations have come up with varied definitions on disability. In china, for example, the term ‘disabled person’ is one who suffers from the abnormalities of loss of a certain organ or function, physiologically or physically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in a way considered normal (Office of Leading Group of Poverty Alleviation in State Council, 2004). Moreover, the same provision defines a disabled person as one with visual, hearing, speech or physical disabilities, intellectual disabilities, psychiatric disabilities, multiple disabilities, and or other disabilities (National Bureau of Statistics, 2007). This definition is pegged on/ borrowed from that of the international community about the caring for people with various disabilities. Disabilities are inflicted o people through different ways depending on the prevailing circumstances under which people operate. These people, therefore, deserve respect and fair treatment on different aspects of the society just as the entire human folk is entitled to certain rights and privileges depending on their sincere contributions to the various developmental units in the society. People with disability are not able to perform certain tasks in a way deemed satisfactory to the society compared to those without any form of disability in them. In most cases, the disabled persons are disadvantaged on such grounds. The international community, therefore, found it necessary to enact laws in a bid to protect disabled persons from exploitation and manipulations by other members of the society. Each democratic nation today has elaborate laws governing the operations and movements of people with disability in

Black Feminism and The Beyonce Wars Essay Example | Topics and Well Written Essays - 1000 words

Black Feminism and The Beyonce Wars - Essay Example The first article ‘Ugly Internal Clash: Why Its Future Is Not Up To White Women’ talks about feminism especially for black women and how they can form a gender inclusive group to deal with racism, sexual harassment, and work discrimination against women. The article provides a name that helps women to describe the issues they go through during discrimination Brittney (Cooper 2015). Feminism is the name, and it helps many women to discuss their issues without language challenges. Black women use the internet feminism to air their troubles and discuss the discrimination that they experience. The women also express their power through it phenomena that make the white women extremely uncomfortable. The writers opinion is that the future of feminism should not be left with the white women as most of the issues center around gender equality. For white women, equality was achieved a long time ago, but for the black women, it is still a big issue. Most of the black women in the US do not fully access some of the benefits, such as the Obamacare in some states (Cooper 2015). Understanding feminist and black women oppression will help women fight for their rights in foreign countries, such s the United States. The second article ‘Black Feminist Blogger Speaks The Truth by Goldstein, Rich talks about how important issues contributed by black women in the media get ignored by many readers and viewers. The writer focuses on blogs on issues of life for black women instead of focusing on wealthy and glamorous women in power (Goldstein 2015). According to the blog, there are many interesting things about black women, such as their unique talents, although there are few people who recognize them. Racism is real and classifies women according to their place of origin, and the blog help many to have some attention on racism, sexism, and ableism. The writer admires the work of Beyonce for focusing on feminism, especially the one touching on black women. Black women