Constructive Trusts show the conscience of Equity at work Essay

Constructive Trusts show the conscience of Equity at work - Essay Example It is submitted at the outset that the wide applicability of constructive trust renders it necessary to undertake a contextual approach focusing on particular areas. As such, this paper will consider the statement in context of constructive trust applicability in equitable tracing and fiduciary duties and the financial consequences of relationship breakdown. From a historical perspective, equity developed as a result of inflexibility of common law and â€Å"wiped away the tears of the common law†3. In common law, the doctrine of tracing enables a claimant to trace the path of their misappropriated property, identify the proceeds of the property along with persons who have handled the property. Moreover, the common law remedy of tracing enables an applicant to make a claim against the property itself4 However, tracing money at common law is inherently fraught with difficulties, especially where monies have passed through bank or similar accounts and in practice claimants often rely on the equitable doctrine of tracing5. The fundamental problem in common law tracing is the identity requirement, perpetuated by the common reality of funds being mixed. For example, the case of Taylor v Plummer6 affirmed that in order to succeed in a claim for tracing at common law, the property had to be identifiable and distinguishable from other property. Conversely, the Court of Appeal in Agip Africa v Jackson 7 asserted that equity will however allow tracing through mixed bank accounts through the imposition of fiduciary duty and constructive trust, which lends itself to support the assertion that constructive trusts act as the conscience of equity. A prime example of the broader scope of equitable tracing in contrast to legal tracing is the Privy Council decision in AG for Hong Kong v Reid.8 The dispute in the case centred on whether the solicitor general’s subsequent

Arguement paper on Universal health care Essay Example | Topics and Well Written Essays - 1250 words

Arguement paper on Universal health care - Essay Example If they do, they offer high-deductible insurance that covers a small percentage of health care costs. In addition, employees share the cost of premiums, which are too expensive. Due to these facts, it is time for Universal Health Care. During the Progressive Era, proposals for state health insurance were by the American Association for Labor Legislation (AALL) were not universal. The elderly, permanently disabled, self-employed, agricultural laborers, domestic workers, and irregularly employed workers such as women were not included in the AALL's plan. The value of universalism did not occur until the 1920s. However, the American Medical Association (AMA), proponents of universal care, rejected the idea that such health care could be provided through the government. The AMA opposed all affords to increase the public provision of care through county health centers including health services for mother and infants, and visiting nurses. In the 1930s, the Committee on the Costs of Medical Care expressed support for universalism; however, there was disagreement on a plan of action that would make health care accessible to all Americans. It was during this period that health care as a social right began to develop with organized labor as the leaders of the debate. In the 1940s, universalism had evolved into a proposal that would have given universal health care a right of entry. However, the goa However, the goal of universal entitlement gradually disappeared with the collapse of the health care rights campaign in the postwar era. By the late 40s and in the 1950s, voluntary health plans emerged as if private insurance would provide health care to the entire population. It was not until the early 1970s that universalism was renewed, and then again in the 1990s. President Clinton along with the first lady, Hilary Clinton, proposed a plan for universal access to health care. By this time, the political interest had dissipated (Quadagno, 2006). After Clinton's proposal was defeated, managed care dominated the health care system. With health care cost continuously increasing and coverage decreasing, the United Stated must consider Universal Health Care. According to Robert L. Ferrer, MD, a physician at the county hospital in San Antonio, Texas "America's lack of a national health care system has resulted in an institutionalized system that has excluded those too poor to afford medical insurance". For example, a woman with flank pain, dysuria, and a temperature of 130 was seen in an emergency department. No laboratory tests were conducted. After an injection of some type, she was sent home. However, urinalysis confirmed that she had pyelonephritis. A man sent from his cardiologist for blood pressure medication and a pacemaker, said he fainted on a treadmill examination at his cardiologist's office. Then he lost his health insurance and was not able to visit his cardiologist. A school administration would not readmit a child sent home from school with pink eye without a physician's note. It took the parents t wo weeks to come up with the money before they could arrange a visit to a physician to obtain the required note. A 22 year old with dyspnea, a heart rate of 160 and an enlarged globular heart on his chest film came to the to the clinic instead of his physician since he lost his job and health insurance due to excessive medical absences because of his lupus. A man in his early 20s with a dental infection was not able to pay

Development of the plan Essay Example | Topics and Well Written Essays - 500 words

Development of the plan - Essay Example dinate with the different practitioners and with the public health sector for them to come up with a vaccination program which the patients and the general public can access in their pharmacies. With the coordination of the public health sector, the proper vaccines can be set forth and can be recommended for purchase. The overflow from the public health offices can be directed towards the pharmacies in order to de-clog the lines for people availing of said vaccines. In order to set this up in the pharmacy, a corner of the pharmacy can be set aside for the administration of vaccines. The administration of vaccines can first be cleared with the general practitioners in order to ensure that the patient availing of the vaccine can safely receive the vaccine. This corner would have to have a licensed pharmacist or possibly a nurse who can help administer the vaccine. Proper sterile techniques would have to be employed in this corner. A washroom would also have to be available to the medical staff in order to ensure that hand washing techniques are applied by the staff before and after each vaccine is administered. Materials used (disposable) have to be discarded safely through proper disposal techniques. Such corner would also have a waiting area for the patients to wait their turn and for patients to rest soon after the administration of the vaccine. Monitoring of vital signs by the nurse would have to be employed before and after the administratio n of the vaccine in order to ensure that the patients are healthy and have no adverse reactions to the vaccine. There are other newer vaccines available in the market. Vaccines for recently emerging infectious diseases include: H1N1 and meningococcemia. These vaccines are often limited in number and only administered with the coordination of the WHO. The pharmacy has to coordinate its sale and administration of such vaccines in order to ensure that the vaccine goes to the right persons – the high risk patients

Workplace bullying Essay Example | Topics and Well Written Essays - 3000 words

Workplace bullying - Essay Example There is more than an adequate dearth of material and resources to complete and fulfill this dissertation project. The researcher has printed more than one hundred professional research journal articles. The researcher considers this present study to fill a contemporary need to identify potential practices the organization may employ to counter the increasing number of reported, as well as those not reported, bullying incidents in the workplace. Leaders will most likely benefit from the information this study presents. Penney and Spector (2005) report that negative factors such as incivility, organizational constraints, and interpersonal conflict appear to relate to counterproductive work behavior (CWB). In their study, â€Å"Job stress, incivility and counterproductive work behavior (CWB): the moderating role of negative affectivity,† as Penney and Spector assess the effects of workplace incivility on employee satisfaction and CWB, they also note that basically, the relationships between job stressors and CWB proved stronger for employees displaying negative affectivity than for employees demonstrating low negative affectivity. Vartia-Vaananen makes exceptional points and inevitably questions who is responsible for the bullying. Contrary to the obvious, it remains ambiguous and it is avidly manifested by her descriptions of how each term is socially known. For example, she states that, "six main types of bullying were identified among government employees visiting occupational health care units: slander, gossip, and rumors, 2) social isolation and keeping people uninformed, 3) giving a person too few or overly simple work tasks, 4) continuance criticism of peoples work and its results, 5) threats or acts of physical violence, and 6) insinuations about persons mental state (Vartia-Vaananen, 2003). Research into bullying at work has been naturally focused on the target and has, therefore, focused on the environment and leadership

Ford Explorer Defective Tires Essay Example | Topics and Well Written Essays - 1000 words

Ford Explorer Defective Tires - Essay Example It is imperative to note that it is both a legal and social obligations for companies to engage in such Cooperate Social Responsibility (CSR) activities. Consequently, most organizations focus on similar responsibility actions for example supporting activities that seem to protect the environment. In addition, there are many strategies, which companies employ in order to execute the above CSR phenomenon in a successful manner. For example, a business organization could opt to outsource a company, which in turn assists in the company’s societal responsibility. Alternatively, the company could include a permanent department in its structure. Such a permanent structure could perform all activities, which involve improving the public relations of the company. Evidently, the aim of most activities is to increase the individual company’s profits by improving its diverse public image. Finally, individuals who benefit from activities of corporate responsibility always aspire to engage in business deals with the respective companies hence the importance of CSR. According to Charles, & Hill, Carroll’s model is a detailed development of an early model of CSR by Sethi. Evidently, Carroll’s model gives a highlight of such facets of responsibility as economic, legal ethical and philanthropic orientations. Consequently, the above facets follow a universal pyramid of significance. Most reports indicate that in the past companies displayed bias in choosing the corporate responsibility activities hence the relevance of Carroll’s Model.

Product Life Cycle of Nokia Essay Example for Free

Product Life Cycle of Nokia Essay INTRODUCTION In the present context, managing has become one of the most important areas of human activity because of increasing role of large and complex organisations in the society. Because of their increasing role, the organisations have attracted the attention of both practitioners and academicians to find out the solutions for business problems. Concept Defining the term management precisely is not so simple because the term management is used in a variety of ways. Being a new discipline, it has drawn concepts and principles from a number of disciplines such as economics, sociology, psychology, anthropology, statistics and so on. Each group of contributors has treated management differently. For example, economists have treated management as a factor of production; sociologists have treated it as a class or group of persons; practitioners have treated it as a process comprising different activities. DEFINITION â€Å"Management is the art of getting things done through and with people in formally organized groups† Koontz â€Å"Management is the art of knowing what you want to do and then seeing that it is done in the best and cheapest way† – F.W. Taylor â€Å"Management is the art of securing maximum results with minimum effort so as to secure maximum prosperity and happiness for both employer and employee and give the public the best possible service† John Mee. â€Å"Management is the accomplishment of results through the efforts of other people† Lawrence â€Å"Management is simply the process of decision making and control over the action of human beings for the expressed purpose of attaining predetermined goals† – Stanley V. â€Å"Management is a process involving planning, organizing, staffing, directing and controlling human efforts to achieve stated objectives in an organization.† From the above definitions, the following features are identified:1) Organised Activities: Management is a process of organized activities. Without organized activities, two groups of people cannot be involved in the performance of activities. Where a group of people are involved in working towards a common objective, management comes into existence. 2) Existence of objectives: The existence of objectives is a basic criterion of e very human organization because all organizations are deliberate and purposive creation and, therefore, they should have Introduction to Management some objectives. Without objectives, it becomes difficult to define the direction where organized group of activities would lead to. 3) Relationship among resources: Organised activities meant to achieve common goals are brought about to establish certain relationships about the available resources. Resources include money, machine, material, men and methods. All these resources are made available to those who manage the organization. Managers apply knowledge, experience, principles for getting the desired results. Thus, the essence of management is integration of various organisational resources. 4) Working with and through people: Management involves working with people and getting organisational objectives achieved through them. The idea of working through people is interpreted in terms of assigning and reassigning of activities to subordinates. 5) Decision Making: Management process involves decision making at various levels for getting things done through people. Decision making basically involves selecting the most appropriate alternative out of the several. If there is only one alternative, there is no question of decision making. Nature of Management: The study and application of management techniques in managing the affairs of the organization have changed its nature over a period of time. The following points will describe the nature of management 1) Multidisciplinary: Management has been developed as a separate discipline, but it draws knowledge and concepts from various disciplines like psychology, sociology, anthropology, economics, statistics, operations research etc.,. Management integrates the idea and concepts taken from these disciplines and presents newer concepts which can be put into practice for managing the organisations 2) Dynamic nature of Principles: Principle is a fundamental truth which establishes cause and effect relationships of a function. Based on integration and supported by practical evidences, management has framed certain principles. However, these principles are flexible in nature and change with the changes in the environment in which an organization exists. 3) Relative, Not absolute Principles: Management principles are relative, not absolute, and they should be applied according to the need of the organization. Each organization may be different from others. The difference may exist because of time, place, socio-cultural factors, etc.,. 4) Management: Science or Art: There is a controversy whether management is science or art. An art is personal skill of business affairs. Art is characterized by practical knowledge, personal creativity and skill. The more one practices an art, the more professional one becomes. Management can be considered as an art because it satisfies all these criterion of an art. A science is a systematized body of knowledge of facts. It can establish cause-and-effect relationships among various factors. It involves basic principles, which are capable of universal application. Management can be considered as science because it satisfies all these criterion of a science. Introduction to Management 5) Management as profession: Management has been regarded as a profession by many while many have suggested that it has not achieved the status of a profession. Profession refers to a vocation or a branch of advanced learning such as engineering or medicine. 6) Universality of management: Management is a universal phenomenon. However, management principles are not universally applicable but are to be modified according to the needs of the situation. Importance of Management Management has been important to the daily lives of people and to the organisations. The importance of management may be traces with the following. 1) Effective utilisation of Resources: Management tries to make effective utilisation of various resources. The resources are scarce in nature and to meet the demand of the society, their contribution should be more for the general interests of the society. Management not only decides in which particular alternative a particular resource should be used, but also takes actions to utilize it in that particular alternative in the best way. 2) Development of Resources: Management develops various resources. This is true with human as well as non-human factors. Most of the researchers for resource development are carried on in an organized way and management is involved in these organized activities. 3) It ensures continuity in the organization: Continuity is very important in the organisations. Where there are no proper guidelines for decision making continuity can not be guaranteed. It is quite natural that new people join while some others retire or leave the organization. It is only management that keeps the organization continuing. 4) Integrating various interest groups: In the organized efforts, there are various interest groups and they put pressure over other groups for maximum share in the combined output. For example, in case of a business organization, there are various pressure groups such as shareholders, employees, govt. etc. these interest groups have pressure on an organization. Management has to balance these pressures from various interest groups. 5) Stability in the society: Management provides stability in the society by changing and modifying the resources in accordance with the changing environment of the society. In the modern age, more emphasis is on new inventions for the betterment of human beings. These inventions make old systems and factors mostly obsolete and inefficient. Management provides integration between traditions and new inventions, and safeguards society from the unfavorable impact of these inventions so that continuity in social process is maintained. Functions of Management:To achieve the organisational objectives managers at all levels of organization should perform different functions. A function is a group of similar activities. Introduction to Management The list of management functions varies from author to author with the number of functions varying from three to eight. Writers Henry Fayol Luther Gullick R. Davis Management Functions Planning, Organizing, Commanding, Coordinating, Controlling POSDCORD- Planning, Organising, Staffing, Directing, Coordinating, Reporting, Directing Planning , Organising, Controlling Planning, Organising, Motivating, Coordinating, Controlling Planning, Organising, Staffing, Leading, Controlling Koontz Different authors presented different variations. By combining some of functions, these are broadly grouped into Planning, Organising, Staffing, Directing, and Controlling. 1) Planning: Planning is the conscious determination of future course of action. This involves why an action, what action, how to take action, and when to take action. Thus, planning includes determination of specific objectives, determining projects and programs, setting policies and strategies, setting rules and procedures and prepar ing budgets. 2) Organising: Organising is the process of dividing work into convenient tasks or duties, grouping of such duties in the form of positions, grouping of various positions into departments and sections, assigning duties to individual positions, and delegating authority to each positions so that the work is carried out as planned. It is viewed as a bridge connecting the conceptual idea developed in creating and planning to the specific means for accomplishment these ideas. 3) Staffing: Staffing involves manning the various positions created by the organizing process. It includes preparing inventory of personal available and identifying the sources of people, selecting people, training and developing them, fixing financial compensation, appraising them periodically etc. 4) Directing: when people are available in the organization, they must know what they are expected to do in the organization. Superior managers fulfill this requirement by communicating to subordinates about their expected behavior. Once subordinates are oriented, the superiors have continuous responsibility of guiding and leading them for better work performance and motivating them to work with zeal and enthusiasm. Thus, directing includes communicating, motivating and leading. 5) Controlling: Controlling involves identification of actual results, comparison of actual results with expected results as set by planning process, identification of deviations between the two, if any, and taking of corrective action so that actual results match with expected results. Introduction to Management TAYLOR SCIENTIFIC MANAGEMENT The concept of scientific management was introduced by Frederick Winslow Taylor in USA in the beginning of 20th century. â€Å"Scientific management is concerned with knowing exactly what you want to do and then see in that they do it in the best and cheapest way† Since Taylor has put the emphasis on solving managerial problems in a scientific way, often, he is called as father of scientific management and his contributions as the principles of scientific management. Taylor carried experiments about how to increase the efficiency of people. On the basis of experiments, he published many papers and books and all his contributions were compiled in his book â€Å"scientific management†. His contributions are divided into two parts. Elements and tools of scientific management Principles of scientific management FEATURES / ELEMENTS AND TOOLS OF SCIENTIFIC MANAGEMENT 1) Separation of planning doing: Taylor emphasized the separation of planning aspect from actual doing of the work. In other words planning should be left to the supervisor and the worker should concentrate only operational work. 2) Functional foremanship: Taylor introduced the concept of functional foremanship based on specialization of functions. In this system, eight persons are involved to direct the activities of workers. Out of these four persons are concerned with planning viz., route clerk, instruction card clerk, time and cost clerk and disciplinarian. The remaining four persons are concerned with doing aspect of the job, viz., speed boss, inspector, gang boss and maintenance foreman. It is against to the principle of unity of command.

Confucianism Verses Taoism Concept Essay Example for Free

Confucianism Verses Taoism Concept Essay Confucianism focuses on virtue ethics as a means to an ordered and thriving, society. On the contrary, Taoism centers on the individual life in relation to the Tao, or â€Å"way to heaven†. Both views acknowledge a Tao; however, they take different views on religion, politics, and on individual responsibilities. With this in mind, we will discuss both religions and trace their similarities to a common culture perspective, particularly the Superior Man. The ideal Confucian is a â€Å"jun-zi† or â€Å"superior man†. In order to become a â€Å"jun-zi†, one must follow Li or engage in proper moral conduct to in conformity to the example of the perfect the Tao in â€Å"his† person (Dagnabitt). Li is outlined in the book of Ru thought to be written by Confucius and is used as a reference for the cultural roles an individual should take. The Confucian Superior Man is virtuous in action as well as attitude. In addition, society becomes aligned with the Tao when they become an institution of â€Å"fathers acting like fathers and emperors acting like emperors† (Dagnabitt). Consequently, tradition dictates when institutions come to be valued and the good of such institutions are considered the greatest extent of one’s human ability. We could say that Confucian attempts to view their world under a microscope, by trying to understand their past problems and follow up by worshipping their past. It is almost as if the duty of man is to discover laws and then hold them constant. The end of such a process would be considered a grasp of the Tao and its expressions. The Confucian political view is that the ruler should lead by example and according to the same virtues and rules. The Confucian attitude toward politics is that it is the foundation to a good system of family and helps cultivate the virtues of ones-self. Confucian theory believes that people will see the good and follow. In addition, they seek instruction from a master and treat each other with respect, and reverence while serving their duty faithfully.