I Miss Not Seeing You

I Miss Not Seeing You I Miss Not Seeing You I Miss Not Seeing You By Guest Author This is a visitor post by Julie Link. On the off chance that you need to compose for Daily Writing Tips check the rules here. â€Å"I love France,† my companion moaned, and I gestured my understanding. â€Å"I miss not being there,† she included. Huh? My sympathizing over lost croissants offered approach to puzzlement over this odd articulation. You love it, yet you lament not being missing from it? A snappy scrutiny of the web yielded more cases of the wrong colloquialism. A feature on .OhGizmo.com mourns, â€Å"Goodbye, F-117A. We’ll Miss Not Seeing You.† An inquiry posted on WikiAnswers.com asks â€Å"How do you say I miss not seeing you in french† [sic]? Dictionary.com characterizes the action word â€Å"to miss† as â€Å"to lament the nonattendance or loss of: I miss all of you dreadfully.† The definition clarifies that what my companion missed was being in France as opposed to not being in France. How did â€Å"I miss being there† transform into â€Å"I miss not being there†? I’ve never observed the articulation abused when the object of the action word is someone or something. Does anybody say â€Å"I miss not my mom?† (Well, maybe, yet that’s a subject for one more day.) No, we as a whole comprehend that that when we miss a person or thing, we lament its nonappearance or misfortune. We miss the glow of summer, Gran’s crusty fruit-filled treat, or a dear companion. The issue happens just when what is missed is an activity: â€Å"I miss seeing you,† â€Å"The youngsters miss playing at the beach,† or â€Å"Nana misses shaking her grandbabies.† Perhaps the mistake gets from attempting to underline the lament. Doesn’t not shaking the children sound more troubled than shaking them? In any case, to add the word â€Å"not† is to make a twofold negative. Parsing my friend’s comment, for instance, would recommend that what she laments is being in France; that was not what she expected to pass on. The meaning of â€Å"miss† as of now signifies a negative-the nonappearance or loss of something-so the expansion of the word â€Å"not† refutes the misfortune and makes, in the event that not a math positive, at that point at any rate a syntactic disarray. Why this basic articulation, so effectively got a handle on that youngsters use it serenely, turns out to be so dangerous when a couple of words are added is hard to clarify. A comprehension of punctuation is useful; charting the sentence (Does anybody do that these days?) would exhibit that whether what is being missed is an individual, a thing, or an activity, the structure of the expression doesn't change. Instead of exposit the linguistic details of ing words and direct items, I think I’ll contemplate over a croissant. The main issue is that I miss not including calories. About the Author: Julie Link is an accomplished proofreader and eager lexiphile who adores perusing and expounding on language and sentence structure. She might be reached at julieolink@yahoo.com. Need to improve your English in a short time a day? Get a membership and begin getting our composing tips and activities day by day! Continue learning! Peruse the Misused Words classification, check our well known posts, or pick a related post below:7 Examples of Passive Voice (And How To Fix Them)15 Types of DocumentsHow to Send Tactful Emails from a Technical Support Desk

Communism :: Communism Essays

The draw of simple ladies nearly made me a government operative and trickster to my nation "Sex Lead Me To Communism" from Man to Man Vol. 2, No. 2, 1951 SEX, lady's most resistless weapon through the ages for the mastery of the male, has demonstrated one of the best and guileful gadgets in the mystery armory of the Communists to select their offensive armed force of spies, saboteurs and disruptionists in the inauspiciously pronounced war on the United States and all not too bad humanity. In the determined exertion of the Kremlin to transform the entire world into unremarkable slaves all together that "The International Soviet will be the human race," as their official melody, The Internationale, pronounces, there is no respect or inner voice, and indiscrimination is the standard, not the special case. The main bad habit the Reds glare, upon is drinking! I know, since I was one of those stupid people who fell into the mantrap set by the advanced Delilabs who follow the Party line. They persevered relentlessly - literally nothing - so as to enroll their kindred Americans into the incredible connivance to enslave, and later to exchange, each person who doesn't idolize the unholy trinity of Marx, Lenin and Stalin. First came Sonia, with her full, cherry lips and her earthy colored, limpid eyes. She was a secretary, an alum of a lady's school and as corrupt a little witch as ever shook her gripped clench hand at a passing banner of her nation or stuck a pin into a patrolman's pony. Next came Margie, a full-bosomed redhead, another comer from England and a specialist dress fashioner. She had made it her labor of love to bait men into Communism. At that point Mildred, a nectar blonde with a Vassar degree. She was the gay and complex sort on a superficial level, however underneath she was destructive genuine about her extreme convictions. She had a comfortable condo and apparently a lot of cash. She jumped at the chance to talk about the social criticalness of Shakespeare over mixed drinks and make changes over to the "cause." At that point Terry, Betty and a few others whose names I have overlooked. Furthermore, ultimately, Gladys, an investor's little girl who had fled from home, arrived in New York's Greenwich Village and become the most radical of all the Communist young ladies I met. Discussion about free love! This was truly something. You burnt out on one, and there was consistently another available to your no matter what. No Turk could flaunt an increasingly variegated group of concubines.

Organizational Commitment Essay

The point of convergence of viable human asset the board (HRM) is on overseeing individuals inside the business representative relationship. As banks are viewed as an extremely basic industry of the economy, it is significant that the workforces supporting these banks are very much persuaded and are powerful in conveying the fundamental work yield. It incorporates the profitable use of workers to accomplish the organization’s business destinations and fulfill singular representative needs (Stone, 1998). HRM looks to deliberately consolidate the interests of an association and its workers (McGraw, 2003). Thus, ineffectual HRM can be a significant boundary to representative fulfillment and association achievement (McGraw, 2003). HRM rehearses in the financial business assume a key job in pulling in, rousing, fulfilling, and holding representatives. HRM rehearses incorporate enlisting representatives, choosing workers, planning work, repaying representatives, and growing great work and representative relations (Noe, 2005). With the end goal of this examination, the analyst packaged five explicit human asset the executives rehearses. These are HR arranging, preparing, profession improvement, execution examination, and worker cooperation programs. The specialist decided to package HRM rehearses since packaged HRM rehearses produce interrelated and complimentary capacities. For instance, preparing and advancement, and execution evaluation cover each others’ results. The examination of an employee’s execution will show possibilities and recognize holes in employee’s information, aptitudes, and capacities that will be filled in via preparing and improvement. Besides, the arrangement of HR rehearses produce cooperative energy adding to expand profitability and corporate budgetary execution (Huselid, 1995). Packaged HRM rehearses add to generally speaking firm execution by inspiring workers to receive wanted perspectives and practices (Bowen and Ostroff, 2004). Additionally, Chang (2005) contends that workers saw HR practice as a selective and single practice as opposed to separate and assorted fields. As indicated by Fishbein’s (1963) an individual’s generally speaking mentalities towards each HRM practices can be spoken to by a summation of the conviction held about every HR rehearses. It is critical to examine HRM practices and its relationship with business related mentalities, and practices. Disposition is a psychological condition of preparation that is sorted out through understanding, applying a unique effect on the individual’s reaction to items and circumstances to which it is connected, for example, work fulfillment and hierarchical trust. (Allport, 1935). Then again, practices are habits in which an individual or gathering behavior and react to his/her condition like Organizational Citizenship Behaviors or OCBs ( Robbins, 2005). Representative impression of hierarchical financial practices and working conditions inside the banks of Jamaica impact worker mentalities and conduct (Guest, 2001). Existing hierarchical practices inside banks in Jamaica, for example, HRM ought to encourage the advancement of wanted representative perspectives and conduct that add to improve firm execution. Past investigations have discovered that positive impression of HRM rehearses lead to positive representative perspectives and practices, for example, work fulfillment (Guest, 1999), authoritative trust, hierarchical responsibility, authoritative equity (Greenberg, 1990). Employment fulfillment, hierarchical trust and OCBs were the factors chosen to be concentrated in connection with HRM rehearses as these three components are key factors in authoritative viability and these factors are considered understudied. These features influence and cover each other’s capacities and yields that add to the improvement of HRM rehearses. Moreover, this examination adds to the writing by looking at a wide broadness of result gauges inside a similar report. The investigation expands HRM writing in three different ways. To begin with, it gives extra research in the inspecting the job of HRM practices to representative perspectives and practices since there are constrained investigations in HRM conceptualized as a group (Chang, 2005; Guest, 2004; Huselid 1995). Second, it inspects the suggestion of Morrison (1996) on the job of HRM rehearses in adding to extra-job practices. An assessment of HRM writing uncovered that there has no examination led researching HRM to hierarchical citizenship practices. Third, it likewise all the while looks at HRM, work fulfillment, hierarchical trust, and OCBs in one investigation. Past investigations have inspected these factors independently. For instance, Ellickson (2002) and Bradley, Petrescu, and Simmons (2004) directed the investigation on HRM practices to work fulfillment, Tzafrir (2004) inspected HRM practices to authoritative trust. Moreover, since there are constrained examinations on HRM rehearses inside the financial business; this would add to the significance of HRM rehearses in the administration association. Audit of Related Literature Human Resource Management Practices HRM add to the fulfillment of an associations upper hand through the key execution of an exceptionally dedicated and skilled workforce utilizing an incorporated scope of social, basic, and faculty methods. Compelling HRM prompts an association accomplishment by creating workers that adds to the conveyance of items and administrations bring consumer loyalty, business results, and investor esteem (Stone, 1998). The principle reason for HRM is to improve the beneficial commitment of individuals wherein the representatives are being heard by the administration and helping the workers to discover new assets that empower them to effectively play out their occupations (Ulrich, 1997). The pretended by human asset capacities is best clarified by deciding the key destinations that they look to adjust methodologies, create powerful arrangements, frameworks and exercises which are huge to the firm’s generally speaking achievement (Torrington, Hall and Taylor, 2002; Story, 1995). HRM capacities are basic in running a successful association. Associations need to have a serious HRM works so as to keep up an able workforce and accomplish business destinations (Newman and Hodgetts, 1998). HRM work incorporates arranging, preparing and improvement, vocation advancement, execution examination, and worker relations. These capacities help associations to encourage procedures that permit them to accomplish proficiency and adequacy (Stone, 1998). HRM capacities must change in way that it achieves new jobs and new capabilities. It additionally must be changed to bargain innovatively and for all intents and purposes with the developing test. HRM rehearses have a substantial and different impalpable authoritative results. Earlier explores have discovered help for the job of HRM rehearses in foreseeing authoritative duty (Davidson, 1998), work fulfillment (Bradley et al. , 2004), and procedural equity (Edgar and Geare, 2005). Occupation Satisfaction Job fulfillment is a pleasurable enthusiastic state coming about because of the valuation of their work (Locke, 1976; Steijn, 2002). Despite the fact that activity fulfillment is a profoundly close to home understanding, there are various aspects that appear to contribute the most to sentiments of occupation fulfillment. Steijn (2002) expressed that intellectually testing work, satisfactory remuneration pay, vocation opportunity, the prepared accessibility of advancements, individuals that are neighborly, kind, or well-intentioned bosses add to work fulfillment (Johns and Saks, 2000). For example, the prepared accessibility of advancements is decidedly identified with work fulfillment. The advancement given upgrades the view of the workers that they are esteemed enough by the association (Garrido, Perez, and Anton, 2005). Past examinations have indicated that remuneration (Bassett, 1994), open door for headway (Schneider, 1994), mental atmosphere, and initiative style (Howell and Frost, 1989) are forerunners of occupation fulfillment. Hierarchical Trust is an individual’s desire, suspicion, or conviction about the probability that another’s future activity will be useful, good, or possibly not hindering to one’s interests (Meyer, Davis, and Schoorman, 1995). Trust is viewed as a fundamental segment in associations since it is a predictable instrument that bolsters authoritative change and improvement in a flighty situation than various leveled power and direct observation (Kramer and Tyler, 1996). A few examinations plainly demonstrate that the arrangement of trust inside work environment connections is mind boggling and subtle (Tzafrir, 2003). Moreover, working environment trust is an important component for the advancement of upper hand through help, co-activity, and improvement of frameworks. Trust is seen as an element of the social establishment that starts connections among parties (Mayer and Davis, 1999). As per Kramer and Tyler (1996), there is a requirement for authoritative trust for the explanation of there are hierarchical necessities that are not to be revealed and one of the components to address these prerequisites are representatives that confides in their association. Currall and Judge (1995) characterized trust as an individual’s dependence on someone else under states of reliance and hazard. Reliance implies that one’s results are dependent on the reliable or conniving conduct of another. Besides, chance implies that one would encounter pessimistic results from the different person’s dishonest conduct (Kramer and Tyler, 1996). Past investigations have demonstrated that mental agreement penetrate (Costa 2001), initiative style and authoritative correspondence are predecessors of hierarchical trust. Authoritative Citizenship Behavior Organizational Citizenship Behavior (OCBs) are practices that are optional, in a roundabout way observed or perceived by the official remuneration framework, and all in all empower the successful working of an o

Movie analysis project Essay Example | Topics and Well Written Essays - 750 words

Film examination venture - Essay Example Correspondence is critical in any relationship and however there were various components that added to the separate of Gary and Brooke’s connections; anyway the fundamental factor that offered ascend to every single other issue is the breakdown of correspondence between the two heroes. The separation features the significance of correspondence and how a basic contention over something as insignificant as ‘doing the dishes’ brought about critical outcomes. To dissect the correspondence design between the two heroes, the substance of this writing will initially break down their individual imparting designs that in the long run prompted the conflict. Jennifer is fundamentally an acknowledgment searcher, who is driven by the longing to be valued by her life partner, and she effectively shows her requests. Then again, Vince Vaughn character Gary is clumsy and a run of the mill lazy pig. In contrast to Brooke, Gary is uninvolved and is to a greater degree an encounter a voider that in the end prompts the issue fueling accordingly. He is discourteous that makes him ignore the vast majority of the things Brooke accomplishes for him out of adoration. As referenced before, the two characters sever their relationship in the warmth of a contention and as opposed to working things out among themselves, they approach their separate companions who offer them downright awful guidance. Since, both Brooke and Gary are living in a similar townhouse; they don't speak with one another or resolve the key issues in their relationship. Their companions and friends push them up an inappropriate; the reasonable choice in this circumstance would have been to examine and work things out maturely. In spite of the way that both the heroes were not straight forward with one another, Brooke tried to rescue the relationship, despite the fact that the strategies were not excessively powerful; particularly with somebody like Gary who isn't genuinely sincere and keeps his senti ments suppressed more often than not. Fromm attempting to make Gary envious to swaggering around stripped around the house, Brooke stayed fruitless in winning back Gary, who was irritated by what Brooke was doing yet stayed inactive about it. The last hit to their relationship, when Brooke welcomed Gary to a show with him and she imagined that this motion of hers will at last cause him to acknowledge the amount Brooke needs their relationship to last; nonetheless, indeed Gary neglects to comprehend the criticalness of this motion and a s an outcome Brooke chooses to stop all endeavors and leaves him. This is an away from of absence of correspondence between the two characters and misconceptions between that prompted the division. Mistaken assumptions surround their relationship and the circumstance was exasperated by companions and friends, who went about as awkward mediators. However, the two characters cherished one another yet the fundamental wellspring of contention emerged from powerlessness to see each other’s needs. Gary never comprehended Brooke’s requirement for gratefulness and she never comprehended that Gary would not like to be bothered by inquiries in the wake of a difficult day at the specific employment; as such both required adequate measure of room in their connections that could have prompted compelling correspondence and they could have stayed away from a few contentions and even the one that prompted the separation. The film likewise appears

Ring Committee Wrap Up

Ring Committee Wrap Up The class of 2011 all got this e-mail this morning: Class of 2011, Congratulations on completing your first year at MIT! It has been a tough year, filled with its ups and downs, and we hope that all of you are enjoying this well-deserved summer break thoroughly. Towards the end of the school year, the class council announced its decision of a ring committee selected through an application and interview process, and many of you responded, pointing out the lack of east campus representation. The ensuing debate and class-wide discussion about why this happened and how it could be rectified continued for a number of days, and due to finals and other end-of-year items that were on everybodys mind, this discussion has continued into the summer as well. Over the past few weeks, class council has been engaged in this discussion with members of the class of 2011, the current Ring Committee, and the MIT administration, and while we maintain that our application and interview process was fair, we have recognized that the committee that resulted from this process did indeed lack East Campus representation, and after much deliberation, we have decided to add a 13th member to the Ring Committee. This additional member will be selected by interview from the list of EC, Random Hall, Bexley, and Senior House residents that had originally applied for the Ring Committee. The candidates for this position will be notified this week, and their interviews will be held via conference call (phone) starting later this week. We realize that during the summer, some of the candidates may be on vacation and unavailable, but we assure you that this important decision will not be made until every candidate has been interviewed. If it were possible to do so, we would conduct this interview process in the Fall, when each candidate would be available for in-person interviews. However, the Ring Committee will be having some important discussions this summer, and it is in the current Ring Committees and the 13th members best interest for the committee to be finalized as soon as possible, so that the new member can be a part of the important decisions that will be made prior to the start of the school year. Finally, with all that said, all of us on class council would like to thank you for taking so much interest in this process, for reading our many emails, and for responding. Now, it is our hope that the selection process for the 13th member will go smoothly and that the final Ring Committee will be announced in the very near future. In the meantime, if you have any questions or concerns, please feel free to direct them to 2011council [at] mit [dot] edu. Thanks for your patience, and have a restful and satisfying summer! Sincerely, Your 2011 Class Council Daniel, Anshul, Lulu, Sivakami, Sheena, May, Jeff, Emma Post Tagged #Brass Rat

Equity and Trust Law - Free Essay Example

Brief : 189084 Delivery Date : 18/08/06 Title: There is no single convincing explanation for the operation of the resulting trust.. Discuss ANSWER Introduction It is submitted that the resulting trust is a form of implied trust that is created by the inference of the law in circumstances in which the actions of the parties concerned and the characteristics of the transaction between them suggests a legal intent to establish a trust relationship. Resulting trusts resemble express trusts from many perspectives, in particular because intent is a prerequisite to the creation of the former mode of trust, that said however, intent in the case of a resulting trust is presumed by the law to exist between the parties instead of being directly proved by means of evidence before the court.[1] In essence a resulting trust occurs where although legal title becomes vested in a trustee, equitable title remains vested in the trust settlor. A resulting trust will typical ly arise in situations where it would be deemed in conflict with the fundamental principles of equity for a person in which property becomes vested to hold that property and enjoy legal rights over it otherwise than as a legal trustee with the commensurate responsibilities.[2] By way of example, in circumstances where property is purchased in the name of one party, but the purchase price is settled by another party, a resulting trust is created in favour of the person who actually paid the consideration. A resulting trust may also be created in a situation where a contract is formed for the sale of real estate property. In this case a trust will result to the purchase at the point of completion of the contract, and the vendor thereafter stands as trustee for the purchaser until the conveyance of the legal estate is subsequently made. Resulting trusts may occur in a variety of situations. For example, where an express trust fails due to an absence of formalities, or in circumstances where completion is not possible (known as dispositive failure), a resulting trust may arise. Moreover, in the case of an apparent gift, where a presumption of advancement is lacking (namely a presumption that the intention was to make a gift), equity principle dictates the conclusion that the donor must have been bereft of the intention to forfeit his entire interest in the property in question. It is contended that resulting trusts most often arise in circumstances where one party fails effectively to transfer his beneficial interest in the property concerned with the trust. This may be an accidental or deliberate occurrence and Re Vandervells Trusts (No..2)[3], for example, offers an erudite and illuminating discussion of the classification.. This case is discussed below. Discussion of the conceptual foundations of the resulting trust Resulting trusts were not often subject to detailed analysis during the twentieth century, presumably because until the relatively recent past, the law concerning resulting trusts was considered to be largely settled. Standard textbooks on equity and trusts often provide little more than a list of situations in which resulting trusts may arise and avoid deeper comment on the jurisprudence that underpins and defines their existence. It is argued, however, that there is in fact a surprising dearth of agreement as to the exact form of the principles that govern the operation of resulting trusts, in particular regarding the central issue as to w hether resulting trusts arise by a process of law or on the basis of a presumed intention to establish a trust. It is therefore suggested by this commentator that an academic polemic persists over the precise conceptual foundations and rationale for resulting trusts specifically regarding the intention the donor must possess.[4] Many authoritative commentators have entered the debate, including for example Professor Birks in An Introduction to the Law of Restitution[5]. However it is contended there are essentially two camps of legal thought on the issue. Lord Browne-Wilkinson delivering the leading majority judgment in Westdeutsche Bank Landesbank Girozentrale v Islington London BC[6] and academic commentator William Swadling[7] have endorsed the view that a resulting trust is created on the basis of a presumption of intention to create a trust which favours the donor: for example where X has the intention to give Z Property to Y so that Y can hold it for X. A different appr oach is supported by such legal academic commentators as Robert Chambers, in his book Resulting Trusts[8] and in cases such as Twinsectra Ltd v Yardley and Others[9] Potter LJ and Lord Millet argue in the alternative that it is in fact an absence of intention to benefit the recipient that serves to establish a trust, for example where X transfers Z Property to Y, but does not exhibit an intention to benefit Y. Further authority on this issue can be found in cases such as Air Jamaica Ltd Ors v Charlton. Ors.[10]. In such an instance, where there is a lack of contradictory evidence, the trust returns the money to X on the presumption that he did not want Y to benefit. Of course, it is submitted that in many situations the result may be the same whichever line is taken. However, it may be forcefully contended that the difference between the two approaches may be highly significant in light of the fact that in many cases it may be extremely hard to prove actual intention but noneth eless much easier to rebut the legal presumption. There is little doubt that the approach advocated by Robert Chambers would inevitably result in the creation of significantly more resulting trusts than that endorsed by Swadling et al. In support of Swadlingà ¢Ã¢â€š ¬Ã¢â€ž ¢s preferred line in Westdeutsche v. Islington BC Lord Browne-Wilkinson was manifestly fearful that pursuit of the alternative would serve to offer every claimant a tangible proprietary right in bankruptcy and thus create a so-called open-floodgates issue. This would, it is argued result in vastly more claimants becoming secured creditors, with the effect that the rights and protection enjoyed by secured creditors would be diluted in practice. Lord Browne-Wilkinson did appear to conclude in Westdeutsche that the remedial constructive trust might provide a more appropriate framework for the support of restitutionary remedies than the resulting trust. Lord Browne-Wilkinson opined: à ¢Ã¢â€š ¬Ã‹Å"the court may, by way of remedy impose a constructive trust on a defendant who knowingly retains the property of which the claimant has been unjustly deprived.. Since the remedy can be tailored to the circumstances of the particular case, innocent third parties would not be prejudiced and restitutionary defences, such as change of position, are capable of being given effect.à ¢Ã¢â€š ¬Ã¢â€ž ¢[11] However, at this point it should be noted that Westdeutsche v. Islington BC has been subject to extensive criticism in the academic press and from some perspectives it can indeed be found wanting. The loan transaction in question in Westdeutsche would under normal market conditions have earned compound interest for the lender.. It could be argued that by refusing to grant the lender in Westdeutsche compound interest the House of Lords effectively failed to grant full restitution to the lender. It is consequently an easy step to infer that the borrower in question in Westdeutsche was therefore unju stifiably enriched at the expense of the lender by the value of the compound interest on the loan. Lord Browne-Wilkinson appeared to lend stoic support to the principles of tracing as established in Re Diplock[12] in the Westdeutsche case. It can be inferred from this that his Lordship accepted the stipulation that a fiduciary relationship must exist before tracing could be permitted in equity. Often this will not provoke undue difficulty, because as Millett LJ noted in cases such as the early Banque Belge pour lEtranger v Hambrouck[13] and the more recent Agip (Africa) Ltd v Jackson[14] theft is typically perpetrated by an employee who enjoys a fiduciary position, however, it may result in problems if theft is committed by a stranger. The stipulation that a fiduciary relationship exists has been said not to be necessary in terms of fundamental principle, and it is submitted that most authorities that hinge upon it are historical in nature. However in the Westdeutsche case Lord Browne-Wilkinson seemed to stress the importance of the factor. In light of his Lordshipà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion as to the lenderà ¢Ã¢â€š ¬Ã¢â€ž ¢s assertion that it had taken steps to retain the equitable title, it is hard to understand the means by which an equitable interest could be established at all without the creation of a trust, given that it makes no legal sense to discuss the concept of equitable title in any circumstances where one party enjoys absolute ownership of property.. That said, it can be argued that a resulting trust is not an apposite vehicle for the grant of restitution, due to the fact that the fiduciary relationship that it inevitably establishes is a not an altogether appropriate side effect of that device, assuming that the recipientà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience is unaffected. It is submitted that it would have been possible to achieve full restitution by extending the jurisdiction to award compound interest to cover the relevant eventuali ties (money had and received). It appears that the old, established authorities persuaded Lord Browne-Wilkinson against pursuing this form of approach, however he may have taken a different line in other circumstances, so it may well be that this is an area of law that should be considered for reform by Parliament. If it was possible to award compound interest on a claim for à ¢Ã¢â€š ¬Ã…“money had and receivedà ¢Ã¢â€š ¬Ã‚  plaintiffs could be entitled to a grant of full restitution avoiding the proprietary consequence of imposing a resulting trust which may often be undesirable in the circumstances. Where a resulting trust is created however, the donee is considered a fiduciary for the settlor and the former is bound to return the money that has been received and also to invest the sum. As in such cases as A-G for Hong Kong v Reid[15] the settlor is thereafter entitled to claim title to the investments. However, if the doneeà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience remains unaffected i t is submitted that this may not be an equitable solution. Furthermore as Lord Browne-Wilkinson noted in the Westdeutsche case because the settlor remains owner of the money in equity he or she can trace into any property purchased with the money and this may cause far-reaching and inappropriate consequences. While the law in this field is far from perfect, on this basis and generally on the strength of Milletà ¢Ã¢â€š ¬Ã¢â€ž ¢s argument in his Law Quarterly Review article Tracing the Proceeds of Fraud[16] it is argued that the use of a resulting trust as a means of granting restitution may not prove to be a panacea. Trusts are typically classified as either express (namely those established by intention) or constructive (namely those established by matters other than intent) and this would seem to leave little space for a third class of resulting trusts.. It is submitted that the category of constructive trusts should perhaps therefore be expanded to include resulting trusts as another species of trust established by the operation of the law.[17] The term à ¢Ã¢â€š ¬Ã‹Å"resultingà ¢Ã¢â€š ¬Ã¢â€ž ¢ itself causes some difficulty. As opposed to the terms express and constructive, which refer to the mode of creation of the trust, the term resulting refers to the effect of the trust, describing that one party has received an asset from another party and that the trust preserves the beneficial ownership the latter party. Professor Birks has branded the categorisation of trusts as either express, constructive or resulting as a à ¢Ã¢â€š ¬Ã…“bent classificationà ¢Ã¢â€š ¬Ã‚ . In dwelling in the anomalies of the law in this field he argued that: à ¢Ã¢â€š ¬Ã‹Å"When we say that trusts are express, implied, resulting, or constructive, the word à ¢Ã¢â€š ¬Ã…“resultingà ¢Ã¢â€š ¬Ã‚  is on its face the odd man out, for à ¢Ã¢â€š ¬Ã…“resultingà ¢Ã¢â€š ¬Ã‚  indicates that the beneficial interest resalit (jumps back), and the other terms are focused on the mode of creation, not the location of the beneficial interest.à ¢Ã¢â€š ¬Ã¢â€ž ¢[18] Chambers also notes[19] that Professor Birks argues that even express and constructive trusts can be resulting in shape, form and effect.[20] It is submitted however that the resulting trust is not designed to include trusts which maybe constructive or express but which nonetheless have a resulting effect.. Instead it is suggested that the purpose of the resulting trust classification is to group certain trusts on the basis of the events that serve to establish those trusts. Perhaps the chief area of disagreement between academic commentators and members of the judiciary concerns the precise nature of those establishing factors.. As a consequence of this uncertainty it is sometimes difficult to determine, in a coherent fashion, why a resulting trust has not been categorised as either a constructive or an indeed an express trust. Megarryà ¢Ã¢â€š ¬Ã¢â€ž ¢s classification of resulting trusts Megarry J set out two main classes of resulting trust. In Re Vandervells Trusts (No. 2)[21] , Megarry J drew a distinction between automatic and presumed resulting trusts, on the following lines: à ¢Ã¢â€š ¬Ã…“(a) The first class of case is where the transfer to B is not made on any trust there is a rebuttable presumption that B holds on resulting trust for A. The question is not one of the automatic consequences of a dispositive failure by A, but one of presumption: the property has been carried to B, and from the absence of consideration and any presumption of advancement B is presumed not only to hold the entire interest on trust, but also to hold the beneficial interest for A absolutely. The presumption thus establishes both that B is to take on trust and also what that trust is. Such resulting trusts may be called presumed resulting trusts. (b) The second class of case is where the transfer to B is made on trusts which leave some or all of the beneficial interest undis posed of. Here B automatically holds on resulting trust for A to the extent that the beneficial interest has not been carried to him or others. The resulting trust here does not depend on any intentions or presumptions, but is the automatic consequence of As failure to dispose of what is vested in him. Since ex hypothesi the transfer is on trust, the resulting trust does not establish the trust but merely carries back to A the beneficial interest that has not been disposed of. Such resulting trusts may be called automatic resulting trusts.à ¢Ã¢â€š ¬Ã‚  This classification was considered to be definitive until Lord Browne-Wilkinson laid down his own classification in the Westdeutsche case, which although similar to that of Megarry was slightly less expansive in its scope. From Re EVTR to Twinsectra Prior to Westdeutsche, other decisions were heavily influenced by, if not predicated on Megarryà ¢Ã¢â€š ¬Ã¢â€ž ¢s suggested model for resulting trusts. In the case Re EVTR[22] Dillion LJ considered what might be labelled as the fictional justification for resulting trusts that they are designed to give full effect to the settlorà ¢Ã¢â€š ¬Ã¢â€ž ¢s wishes, in comparing the resulting trust to the constructive trust. Dillion LJ theorised that: à ¢Ã¢â€š ¬Ã…“As an equitable mechanism to vindicate the equitable interests of beneficiaries under express or resulting trusts, it is a long established principle of equity that, if a person who is a trustee receives money or property because of, or in respect of, trust property, he will hold what he receives as a constructive trustee on the trusts of that original trust property. Similarly, a third party other than a bona fide purchaser for value without notice, who, through breach of trust, receives property subject to an express, resulting or constructive trust will hold it and its traceable products as a constructive trustee on the trusts affecting such property. Finally, a person not within such two categori es, but who has obtained or enhanced his interest in propertyà ¢Ã¢â€š ¬Ã‚ ¦will be constructive trustee of the whole or part thereof where it would be unconscionable for him to act inconsistently with the property..à ¢Ã¢â€š ¬Ã‚  Furthermore, as Peter Gibson J stressed in the case Carreras Rothmans Ltd v Freeman Matthews Treasure Ltd [23] the practical effect of adopting Megarryà ¢Ã¢â€š ¬Ã¢â€ž ¢s analytical model is in fact to leave the beneficial interest in a state of suspense until either the purpose of the trust is fulfilled or it fails. It is submitted however that the problem with this unorthodox line is that it does not properly acknowledge the role that the resulting trust plays in the greater scheme of equity. In addition it fails to explain why the money in question is not merely held on a resulting trust for the lender. These points were considered by Lord Millett in Twinsectra Ltd v Yardley and Others[24], which was primarily concerned with the nature of the so-cal led à ¢Ã¢â€š ¬Ã…“Quistclose trustà ¢Ã¢â€š ¬Ã‚  (from the case Quistclose Investments Ltd. v Rolls Razor Ltd.[25]) and the requirements for its creation. A à ¢Ã¢â€š ¬Ã…“Quistclose trustà ¢Ã¢â€š ¬Ã‚  describes an arrangement whereby a loan is made to a borrower for a specific purpose and on terms on which the borrower is not free to use the money for any other purpose. Such an arrangement may create fiduciary obligations on the part of the recipient of the money which will be enforced by a court of equity. Concluding Comments In his judgment in Twinsectra Ltd v Yardley and Others,[26] while sharing a great deal of common ground with Chambers, Lord Millett did not endorse that commentators ultimate analysis as to the roots of the resulting trust, preferring the stance of Ho and Smart in à ¢Ã¢â€š ¬Ã…“Reinterpreting the Quistclose Trust: A Critique of Chambersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Analysisà ¢Ã¢â€š ¬Ã‚ .[27] It is the conclusion of this commentator that, given that Chamb ersà ¢Ã¢â€š ¬Ã¢â€ž ¢ approach offers no easy solution to cases involving non-contractual payment and that it seems to contradict Lord Wilberforces assertion in Quistclose[28] that the borrowers obligation is fiduciary in nature and not simply contractual, Lord Millettà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning as to the nature of the resulting trust should now be preferred as the most reliable modelling of the modern law. Having considered a variety of authorities and theories, in sum it is submitted that the analysis of resulting trusts provided by Lord Millett in Twinsectra rises above the polemic to stand as the most coherent and authoritative statement of the shape of the law to date. THE END WORD COUNT : 3125 BIBLIOGRAPHY Chambers R., Resulting Trusts, (1997) Clarendon Press. Birks P., An Introduction to the Law of Restitution (1989), Oxford. Todd P, Cases Materials on Equity and Trusts, (2000) Blackstones Press Ltd. Sydenham A., Equity and Trusts, (2000) Sweet and Ma xwell. Chalmers R., Resulting Trusts in Canada (Part I): https://shelburne.butterworths.co.uk/truststaxestates/articles/dataitem.asp?ID=16981tid=7 Parker D. et al, Parker and Mellows: The Modern Law of Trusts, (2003) Sweet and Maxwell Hudson A, Understanding Equity and Trust Law, (2004) Cavendish Publishing Ltd. P Birks, à ¢Ã¢â€š ¬Ã‹Å"Equity, Conscience, and Unjust Enrichmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1999) 23 Melbourne UL Rev 1 Hayton, D..J., The Law of Trusts, (2004) Sweet and Maxwell Ltd Swadling W, The Quistclose Trust, (2004) Hart Publishing. 1 Footnotes [1] Hudson A, Understanding Equity and Trust Law, (2004) Cavendish Publishing Ltd. [2] See for general comment, Todd P, Cases Materials on Equity and Trusts, (2000) Blackstones Press Ltd. [3] [1974] Ch 269. [4] See for insightful general comments and analysis: Hayton, D.J., The Law of Trusts, (2004), Sweet and Maxwell Ltd. [5] Birks P., An Introduction to the Law of Restitution (1989), Oxford. [6] [1996] 2 All E.R. 961. [7] Swadling W, The Quistclose Trust, (2004) Hart Publishing. [8] Chambers R., Resulting Trusts, (1997) Clarendon Press. [9] [2002] UKHL 12. [10] [1999] PLR 247. [11] [1996] 2 All E.R. 961. [12] [1948] Ch 456. [13] [1921] 1 KB 321. [14] [1990] 1 Ch 265. [15] [1994] AC 324 PC. [16] (1991) LQR 71. [17] See for comment: Chalmers R., Resulting Trusts in Canada (Part I): https://shelburne.butterworths.co.uk/truststaxestates/articles/dataitem.asp?ID=16981tid=7 [18] P Birks, à ¢Ã¢â€š ¬Ã‹Å"Equity, Conscience, and Unjust E nrichmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1999) 23 Melbourne UL Rev 1 at p 10. [19] Chalmers R., Resulting Trusts in Canada (Part I): https://shelburne.butterworths.co.uk/truststaxestates/articles/dataitem.asp?ID=16981tid=7 [20] Birks P., An Introduction to the Law of Restitution (1989), Oxford. [21] [1974] Ch. 269. [22] [1987] BCLC 646. [23] [1985] Ch 207. [24] [2002] UKHL 12. [25] [1970] AC 567. [26] [2002] UKHL 12. [27] (2001) 21 OJLS 267. [28] [1970] AC 567.

Relationship Between Construction And Construction

4. Enhance Working Relationships in Construction. (1) 2.2 explain how to instruct people about work activities in an appropriate level of detail and with an appropriate degree of urgency. The instruction given to workers on site depends on the phase of the project. According to the Construction Industry Council, the use of simplified methodology must be used to communicate and instruct during construction process. We must ensure workers have enough guidance as they undertake the instructions (Construction Industry Council, 2015).there must be a set aside department that will oversee how issues will be conveyed and implemented. Major Phase of construction project are singled out depending on the availability of workforce i.e. supplier,†¦show more content†¦(3) 2.5. Explain how to acknowledge objections to proposals and suggest alternative proposals. In the construction sector and its professionalism, it is ethical to recognize objections and corrections as directed or suggested by peers and related experts. The proposal can either be accepted or rejected on the different basis. An objection to a proposal and proposition for alternative ones provides insight that would positively influence and shape the outcomes of the project if viewed in a positive way. Regarding the objections as a challenge and not resentment is a positive gesture; the competitors have the potential of developing their own ideas to a higher level using the cited weaknesses as their strengths. Acknowledgement of corrections is the cornerstone of success to any contractor and construction professionals. Contractors must also learn to humble themselves to minimize fumbling in fear of objections as that may be the lead to further doubt and demurrals. Accepting objections as part of learning is vital for composure and keeping the right attitude. The construction industry prosperity anchors on team playing as an individual cannot solely manage things thus consultation and the objections that accrue are based on creating more feasible proposals in future. (4) .2 Describe how to identify and contact sources of support and guidance for undertaking personal development. TheShow MoreRelatedThe Relationship Between Player Salaries And New Stadia Construction Essay931 Words   |  4 Pages Is there a relationship between player salaries and new stadia construction? The relationship between the players salaries and the new stadia construction is simple because there isn’t much of one. The players get paid these large salaries from the sports organizations while the taxpayers have to pay for the new stadiums. â€Å"29 of the 31 stadiums in the NFL have received public funding for the construction or renovation of these stadiums† (Taxpayers). The major professional sport leagues and teamsRead MoreA Relationship Between Project Team Integration And The Sustainable Construction1968 Words   |  8 Pages Sustainable construction When it comes to building assessment methods, this theme led to many and different forms of studies on the relationship between the project team integration and the sustainable construction. Comparing dominant construction strategies with sustainable construction, Lutzkendorf Lorenz (2011) argue that, on one hand, sustainable construction requires greater disciplinary specialization and greater functional dependence between components. On the other hand, traditional constructionRead MoreProject Delivery Methods For Distinct Allocation Of Risk And Responsibilities Within A Construction Contract Essay1647 Words   |  7 PagesProject delivery methods allow for distinct allocation of risk and responsibilities within a construction contract. Each unique construction project calls for a defined delivery method and a written contract in order to ensure the success of the venture. â€Å"A project delivery option is defined as a method for procurement which the owner’s assignment o f ‘delivery’ risk and performance for design and construction has been transferred to another party† (Mahdi 564). After a legal and appropriate contractRead MoreRelationships Among Bim, Ipd, And Lean Construction816 Words   |  4 PagesRelationships among BIM, IPD, and Lean Construction In general, IPD, Lean, or BIM is a particularly new controversial phenomenon in the construction industry that generates many debates and discussions around each component’s advantages and disadvantages, effectiveness, and potential risks (Guerra, 2010). As BIM’s complementary connection to IPD, there are numerous questions regarding requirements of using BIM in IPD-based projects. Like BIM-IPD considerations, is Lean construction really necessaryRead MoreProject management Essay1284 Words   |  6 PagesQCF BTEC Assignment front sheet Qualification Unit number and title Extended Diploma in Construction the Built Environment Unit 7 Project Management in Construction and the Built Environment Learner name Assessor name B HUCKLE Date issued Hand in deadline Submitted on 8th October 2014 5th November 2014 Assignment title The Construction Team and Resource Management In this assessment you will have opportunities to provide evidenceRead MoreSymbiotic Relationships : Mutualism, Commensalism And Parasitism Essay1318 Words   |  6 PagesIntroduction There are three forms of symbiotic relationships namely mutualism, commensalism and parasitism. The partners in a symbiotic relationship may either benefit from, be unaffected by, or be harmed by the kind of relationship that exists between them, (Berg 2007). Mutualism is a symbiotic relationship in which both the partners benefit from the relationship, (Berg 2007). Commensalism is a symbiotic relationship whereby one party benefits while the other party is neither harmed nor benefitsRead MoreFactors Affecting The Construction Industry1451 Words   |  6 Pages Factor Analysis of Causes of Delay in the U.S Construction Industry Mohammadsoroush Tafazzoli, LEED AP University of Nevada, Las Vegas Las Vegas, Nevada Delay in completion of construction projects is one of most common issues of the construction industry. Despite the considerable negative consequences of this phenomenon and attempts to control it, due to various complexities, delays are still hard to predict and control. The fundamental step to control the risk of delays, is studying theirRead MoreCost, Quality, And Timing939 Words   |  4 Pagescost, quality, and timing is presented and usually several contractors make an offer. Then a contractor (or more than a contractor based on project requirements) is selected to accomplish the site construction. Usually the cheapest offer wins; of course there might be considerations of quality. Construction The contractor that has been appointed to carry out the site work now will be called as the constructor, and starts to complete the building on the specified time and within the approvedRead MoreCurrent Trends On The Construction Industry841 Words   |  4 PagesCurrent Trends in the Construction Industry Beginning a new year of the construction industry with a report of 6% growth (achieved approximately $712 billion) in the financial profit of construction from Dodge Data Analytics 2016 Construction Outlook, many analysts and experts predict that potential values for the construction business will be progressively increased with extensions of modern technologies and state-of-the-art concepts for improving construction performance, especially in projectRead MoreHow Happiness Can Improve Productivity788 Words   |  3 Pagesmotivation to seek improvement and make them passive and dull. Comparing with other organization, construction industry has the highest need of human resources for all hierarchical levels. It is one of the largest global employment sectors, providing work for a significant proportion of the labour market and accounting for a significant share of the world domestic product (GDP) (Martin et al., 2003). Construction projects has many challenges such as the coordination of material, equipment, finances, and