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). 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The Christian Worldview Essay - 1477 Words

Due to the highly subjective nature of most scientific theorizing... [we should] let the Bible speak for itself and modify our scientific view of origins accordingly. (as cited in Downey, D., Porter, S., 2009). God is an intelligent, creative, relational Being. God created all that exists (Gen 1-2) and right from the beginning God affirmed and blessed man’s participation in His creation (Gen 1:28-30, Gen 2:19-20). He created man in His image (Gen 1:26-27, 2:7) and for His fellowship (Gen 3:9). Because man was created to fellowship with God, man was created to seek truth. An aspect of seeking of truth is the gaining of knowledge. How one processes knowledge is dependent on how one views reality and truth. One’s worldview is†¦show more content†¦This creates problems when the person shares inaccurate information. Knowledge via tenacity is knowledge gained from hearing information repeatedly to the point that it is processed as accurate regardless of facts. The problem with tenacity is that the claims may be false. The next two, rationalism and empiricism are the combination of knowledge via science. Knowledge via rationalism involves logical reasoning. It is the combination of stating precise ideas (often in the form of syllogism), applying logical rules, and making logical conclusions based on the ideas. The problem is when the syllogism’s content or either premises is false. The knowledge is not based on the content, but on the logical manner it is presented. Knowledge via empiricism involves gaining knowledge through objective observation and the experiences of one’s senses: seeing, hearing, tasting, smelling, and touching (collection of facts), and views knowledge, as â€Å"I’ll believe when I see it†. Including the previous seven, Dr. Bill Wheeler (2011) presents three additional ways of seeking knowledge: revelation and faith; custom and tradition; and personal experiences. 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The Christian worldview is based on there being only one God, a God-centered purpose for humanity, the actions and work of Jesus Christ, and the journey to salvation. Taking the same position on these topics will lead to a life being livedRead MoreBibli cal Worldview And The Christian Worldview1295 Words   |  6 PagesBiblical Worldview in Romans It is an important factor in a Christian’s life to have a biblical worldview that coincides with God’s beliefs. A Christian cannot grow in their relationship with God with just their own understanding and knowledge. They must surround their framework of beliefs and ideas on God’s word and what he calls his children to live their life accordingly. That is why Paul’s letter to the Roman church is such as significant demonstration of the Gospel and the Christian Worldview andRead MoreChristian Worldview1594 Words   |  7 Pages Let us ponder about how other religions worldviews relate to the Biblical worldview. There are three main areas or types of worldviews, Pantheists (Hinduism, Buddhism), Secularism (naturalism), and Theism (Christianity, Islam, Judaism). I will answer 5 basic questions on just one of the non-Christian worldviews and then compare it to the Biblical worldview. Part one will be about Buddhism and part two will compare Buddhism and the Biblical worldview. The questions to be answered are: 1.

Tuberculosis An Infectious Disease - 931 Words

Even though the idea of tuberculosis being hereditarily was present, tuberculosis was still agreed to be an infectious disease at this time. Tuberculosis, as many other bacterial infections, needs a host. The bacterium is not found outside of the animal’s body. The main way that tuberculosis, and many other bacteria-caused diseases spread is through sputum. It is estimated that â€Å"a fairly well advanced consumptive spits out from one and a half to four and a third billion bacilli in twenty-four hours† (Kelbs 32). Basically, if the person is infected with tuberculosis, and does not take proper precautions, that person is endangering everyone they come in contact with. It is estimated that â€Å"a consumptive infects only a small area about him – 30 to 50 cubic meters† (Kelbs 32). When a person is coughing and, sneezing, or even talking, that person is ejecting dried up and pulverized sputum, which can be easily carried like dust through the currents of a ir to be inhaled or swallowed. While the most obvious way of spread is through expelling the bacterium into the air, the culture of the early 20th century also fueled the spread. Handkerchiefs were very popular at the time. Through this popular fashion of the time, â€Å"sputum is also disseminated through the habit of spitting into handkerchiefs, which soil the pocket into which they are placed† (Kelbs 32). After the handkerchief is placed back into is place, the sputum is then dried and pulverized, ready to be spread. Any hand that hasShow MoreRelatedTuberculosis As An Infectious Disease1515 Words   |  7 PagesINFECTIOUS DISEASE: TUBERCULOSIS Tuberculosis is one of the leading infectious diseases around the world. Globally, infectious diseases like tuberculosis among others continue to be one of the leading causes of death in children, adolescents and of the leading causes in adults (WHO). The purpose of this article is to examine and discuss mostly the etiology of tuberculosis, as well as its cause and spread. To better understand the subject of tuberculosis as an infectious disease and the problem itRead MoreTuberculosis As A Infectious Disease1339 Words   |  6 PagesTuberculosis (TB) is a highly infectious disease that can harm any organ of the body, especially the lungs. Every year about over a million people die due to tuberculosis and even more are infected. A person in contact with an infected individual can easily put themselves at risks of getting TB. Due to the emergence of human immunodeficiency virus (HIV), tuberculosis infections commenced to increment more rapidly. A person with HIV has an impotent immun e system which is not able to fight infectionsRead MoreTuberculosis : A Infectious Disease Essay1685 Words   |  7 PagesTuberculosis; often referred to as the silent killer, is a highly infectious disease that is contracted annually by 9.3 million individuals globally, and causes 1.8 million deaths. It’s high mortality rate led to the formation of the American Lung Association in the United States in 1904, after it was declared the leading cause of death during the nineteenth century and early twentieth century. The origin of tuberculosis is not certain; the first documented deaths were recorded in ancient Egypt andRead MoreTuberculosis Is The Infectious Disease923 Words   |  4 Pages Tuberculosis is the infectious disease, that cause mortality worldwide and is the actual issue for worldwide health system. Tuberculosis (TB) is a communicable disease, that may presented in an active or a latent form. It affects a various body systems, but mostly a respiratory system. This disease is triggered by the bacterium Mycobacterium tuberculosis. It is transmitted through the air; therefore, a person gets infected by an inhaled bacterium from a person with active form of TB, and who isRead MoreTuberculosis : An Infectious Disease1399 Words   |  6 PagesInfectious diseases can attack the human body in many forms and varieties. Tuberculosis is one type of these infectious diseases that is a bacterial infection which spreads throughout the lymph nodes and within the bloodstream enabling it to affect all organs in the human body, commonly termed TB. TB is caused by the members of the Mycobacterium tuberculosis complex. The M. tuberculosis complex includes the species M. africanum, M. bovis, M. canettii, M. microti and M. tuberculosis, these can beRead MoreTuberculosis Is An Infectious Disease1217 Words   |  5 Pagessuffering with this disease at present even though there is vaccine widely available, there is still a high morbidity rate in some countries every year. Africa, Western and Southeast Asia are the most affected areas, making approximately 86 percent of tuberculosis cases in the world. This research paper will discuss, tuberculosis in New Zealand. It will discuss the biology of the bacterium, risks factors and the importance of immunisation and prevention. Tuberculosis is an infectious disease caused by aRead MoreTuberculosis : An Infectious Disease Essay2029 Words   |  9 PagesTuberculosis, also known as (TB) has been around for decades and is still active across the globe. It was a huge threat to Europe and America in The 19th century. Tuberculosis is an infectious disease caused by the bacteria Mycobacterium tuberculosis. An individual can become infected with the disease while breathing in the bacteria that is spread through the air droplets when a person coughs or speaks. TB mainly affects the lungs, however, it can attack other organs also. 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These controversies have stemmed from the discussion of whether or not Europeans introduced tuberculosis to the Americas. Evidence from South America has clearly shown that tuberculosis was presentRead MoreTuberculosis As A Infectious Disease1329 Words   |  6 PagesTuberculosis Tuberculosis (TB) is a highly infectious disease that can harm any organ of the body, especially the lungs. Every year about over a million people die due to tuberculosis and even more are infected. A person in contact with an infected individual can easily put themselves at risks of getting TB. Due to the emergence of human immunodeficiency virus (HIV), tuberculosis infections began to increase more rapidly. A person with HIV has a weak immune system which is not able to fight infections

A Criticism On A Migratory Animal Breeding Season...

A criticism on â€Å"Unravelling the annual cycle in a migratory animal: breeding-season habitat loss drives population declines of monarch butterfly† Introduction The hemispheric migration of wildlife is in widespread decline specifically in the Monarch butterflies (Danaus plexippus). This species is known for its long-distance migration from its non-breeding location in Mexico to the breeding sites encompassing the south, central, and north regions of eastern North America. The main context provided in the introduction is that for predicting future population viability, it is crucial we understand the impact of environmental and anthropogenic threats on the vital rates of the species at different times and locations in its annual cycle. Specifically, there could be different environmental threats at the non-breeding and breeding sites and how they could influence the population could vary depending on how sensitive certain insect stages are to these disturbances. Thus, understanding the spatiotemporal effects are crucial for modeling the dynamics of migratory species and for guiding conservation efforts. In addition to presenting the context for their research, the authors clearly outlined the issues that they will address. In the ecological context, the main issue involves how environmental factors at different times could affect the species’ abundance. Previous research agrees that anthropogenic effects such as urbanization and changes in land-use (i.e. agricultural

Consumer Buying Behavior of Hybrid Vehicles Free Essays

Table of Content Title2 1. 0Introduction2 1. 1Background of the Study2 1. We will write a custom essay sample on Consumer Buying Behavior of Hybrid Vehicles or any similar topic only for you Order Now 2Problem Statement2 1. 3Research Objectives3 1. 4Significance of the Study3 1. 5Scope of the Study4 2. 0Literature Review5 3. 0Research Methodology7 3. 1Theoretical Framework7 3. 2Generation of Hypothesis7 4. 0Conclusion8 Reference:9 Title Factors that affect consumer purchase decision of hybrid vehicles (Green Vehicles) in Malaysia. Introduction 1 Background of the Study With the air pollution level rising day by day caused by the emission from conventional vehicles, many government bodies have put in effort to enforce emission control policy since the late of 1960, and it is becoming strict with the EURO committee being the leader until today, where their emission policy and grading system being accepted or referenced worldwide even in Malaysia. The grading system based of emission cleanliness as of today is from Euro 1 to Euro 6, where Euro 1 being the worst emission standard and Euro 6 being the environmental friendly. This is the scene where most modern vehicles are fitted with catalytic converter since late 1975, a simple device that can reduce the harmful emission such as un-burn hydrocarbon and carbon monoxide by converting them into cleaner substances such as oxygen and hydrogen through chemical catalyst effect within (Tony Andrew, 2006). The effect of this is that the rise of the awareness of fuel efficiency, as many will further relate that if fuel efficiency can be increased, then the emission can be further improved, as well as to reduce wastage. Many automobile makers has since then began development of fuel efficient engine in order to make a stand, and consequently lead to the trend of Hybrid Electric Vehicle (HEV). 2 Problem Statement However, emission is only one environmental factor as there is other factor which bothers a driver financial aspect, the fuel and its prices. No matter the fuel is expensive and cheap, if one can travel further with a given set amount of fuel, then one can certainly save him/her some money (Tony Andrew, 2006). And back to the environmental area, fossil fuel is non-renewable energy resources and depletion is certainly inevitable. This is why in recent years, many western automobile makers started to look into building fuel efficient vehicles, by building fuel efficient engines through various ways, most notably by downsizing the engine displacement and compensate it with force induction such as low pressure turbocharger. The effect of this implementation is that using a smaller capacity engine but can achieve the power delivery of a high capacity engine, yet with lower fuel consumption. However back in the eastern automobile industry, where the Japanese being the leader they had something else in mind, not only they wanted fuel efficiency but at the same time they wished to maximize the go green concept. Henceforth they come up with the idea of hybrid vehicle, where in general terms a vehicle is powered by 2 sources of input, which is a normal internal combustion engine, supported by an additional electric motor which requires special battery pack. The advantages of this implementation is that the fuel consumption and emission is superior over the formal, while the drawback is the maintenance and cost of replacement for faulty battery pack is very expensive. With the hybrid being the hot trend now given the promising sales figures from European countries and the USA, generally the maintenance factor is not an issue for them, however in this research we need to find out the factors hat influence a buyer into considering, buying a hybrid vehicle over here in Malaysia, as the hybrid trend is still very new here in Malaysia, generally starting on the year of 2006 where Honda introduces Civic Hybrid. However with the recent tax exemption on hybrid vehicles from the Malaysia government, the trend seems to be changing positively and now we have several models from Honda and Toyota to offer in response to the policy. 3 Research Objectives a) What are the factors that influence consumer into considering a hybrid vehicle? b) What are the factors that support consumer into buying a hybrid vehicle? ) What are the factors that consumer worries about when purchasing a hybrid vehicle? 4 Significance of the Study This study into the factors that affect the buying decision of hybrid vehicles in Malaysia could project the trend and acceptance of hybrid vehicles here in Malaysia. With that information, local automobile makers can consider into developing our own hybrid vehicles to offer the local markets a broader choice, as well as to stay competitive in the market. Additionally, this will be a good catalyst to spark off â€Å"Go Green† concept into consumers’ mind that is beneficial to the restoration and perseverance of the environment. Scope of the Study In this research, we will first take a general look and introduction into both the low pressure force induction technology and the hybrid technology further then compare and contrast the pros and cons in detail. With both concept understood, we will begin to focus on the trend of hybrid vehicles here in Malaysia, finding out the factors that support or deter the acceptance of hybrid vehicle through questionnaire aimed at hybrid owners and potential hybrid owners, from then we can know what are the main factors and concern of buyer upon making a decision for a hybrid vehicle, and then onclude what can be done to further increase the acceptance level of hybrid vehicles. Literature Review According to Markel Simpson (2006), the implementation of hybrid electric vehicles can effectively reduce petroleum consumption up to 30% when compared to conventional vehicle, however a fully plug-in hybrid electric vehicle shall be undergo development to further improve the savings and reduce the wastage, as current hybrid electric vehicles uses electric motor powered by battery pack to assist the engine, which is costly when one needs to replace, and it did not provide much desired power. The manufacturer can of course put in a bigger battery pack to punch out better power and durability, but with every 15% of improvement the cost is nearly doubled. This issue is also mentioned before way back in year 2001, where the development of hybrid vehicles began with the aim in providing a superior fuel efficiency vehicles with minimal wastage and pollutants emitted, in prior to address two major problems (Allella et al, 2001): a) Consumption of fuel : World petroleum reserves and residues are unlikely able to sustain against the ever growing necessity of consumption b) Pollution : Generally referred to the harmful emission that can damage the environmental health The most common hybrid vehicle design is found within the famous Japanese automobile makers, respectively the Honda the Toyota. The idea is to fit an electric motor powered by a battery pack that will recharge itself using the lost energy during the braking procedure, to assist a smaller capacity conventional engine in acceleration. With the motor assistant, the engine need not work and rev up that hard to get the vehicle moving therefore fuel consumption can be lowered. When certain conditions are met, the vehicles may also run solely on the electric motor itself most probably during low speed cruising. Putting the vehicle design aside, as stated by Kuo Wang (2011), the disciplinary in driving, as well as the climate is major factor in reducing fuel consumption. Kuo Wang pointed out that in countries that have tropical climate, such as those near to the equator, tend to have higher fuel consumption index compared to other countries with 4 seasons climate, this is mainly due to the fact that fuel burns better and more efficient when the air temperature is colder, as colder air is more dense and henceforth carries more oxygen molecules. Other than that, since the temperature is generally high throughout the year for tropical climate countries, drivers tend to switch on the air-conditioner (A/C) most of the time to withstand the hot weather, and A/C draws power from the engine to power up the compressor and cooling coil, therefore it results in loss of power from engine and leads to higher fuel consumption. On the disciplinary side, traveling below or way above the optimum speed of a vehicle, usually around 90KM/H to 110KM/H will affect the fuel consumption, where most drivers tend to speed when the chances arise. One should also try to plan their traveling route ahead, in order to avoid unnecessary traffic congestion which can result in poor fuel consumption, as start-stop driving proven to have 60% increased fuel consumption compared to smooth non-stop driving. This is generally experienced by most drivers that they can achieve better mileage if they travel on the highway often. Research Methodology 1 Theoretical Framework [pic] 2 Generation of Hypothesis Assume that ) H0 = Null Hypothesis (No relationship between IV DV) b) H1 = Alternative Hypothesis (Significant relationship between IV DV) |H1 |H0 – There is no relationship between maintenance and purchase decision of hybrid vehicles. | | |H1 – There is significant relationship between maintenance and purchase decision of hybrid vehicles. | |H2 |H0 – There is no relationship between fuel consumption and purchase decision of hybrid vehicles. | |H1 – There is significant relationship between fuel consumption and purchase decision of hybrid vehicles. | |H3 |H0 – There is no relationship between tax exemption and purchase decision of hybrid vehicles. | | |H1 – There is significant relationship between tax exemption and purchase decision of hybrid vehicles. | |H4 |H0 – There is no relationship between personal view and purchase decision of hybrid vehicles. | | |H1 – There is significant relationship between personal view and purchase decision of hybrid vehicles. Conclusion In conclusion, no matter it is partial hybrid or fully plug-in hybrid, the main objectives are to prolong the sustainability of petroleum through improved fuel consumption. By going green, the hybrid technology can also help in reducing wastage and guarantee cleaner emission that can contribute to better environmental health and quality. Therefore with all the benefits and savings, we should try to adopt and embrace the implementation of hybrid vehicles. However, there is still room for improveme nt given the hybrid technology is still new within a decade of time. Government should come out with policy that can help greatly in promoting the adaptation of this green technology. Reference: 1) Allella et al, (2001), Negative Log-gamma Distribution for Data Uncertainty Modeling in Reliability Analysis of Complex System Methodology and Robustness, International Journal of Quality and Reliability Management, Vol. 18, Napoli, Italy. 2) Allela et al, (2005), Optimal Reliability Allocation Under Uncertain Conditions With Application to Hybrid Vehicle Design [Online], International Journal of Quality and Reliability Management, Vol. 22, Napoli, Italy. Available from (www. meraldinsight. com/0265-671X. htm) [Accessed June 6 2011] 3) Apaydin O. Gonullu MT, (2008), Emission Control With Route Optimization In Solid Waste Collection Process, Vol. 33, Sadhana. 4) Davis S. Diegel S, (2004), Transportation Energy Databook, 24th Edition. 5) Duval M, (2004), Advanced Batteries for Electric Drive Vehicles, EPRI. 6) Hirsch et al, (2005), Peaking of World Oil Prod uction: Impracts, Risks, and Mitigation. 7) Kuo Y. Wang CC, (2011), Optimizing the VRP by Minimizing Fuel Consumption [Online], International Journal of Management of Environmental Quality, Vol. 2. Available from (www. emeraldinsight. com/1477-7835. htm) [Accessed 8 June 2011] 8) Markel T. Simpson A, (2005), Energy Storage Considerations for Grid-Charged Hybrid Electric Vehicles, IEEE Vehicular Technologies Conference, Chicago, IL. 9) Markel T. Simpson A, (2006), Plug-In Hybrid Electric Vehicle Energy Storage System Design [Online], National Renewable Energy Laboratory, available from (http://www. nrel. gov/vehiclesandfuels/vsa/pdfs/39614. pdf) [Accessed 8 June 2011] How to cite Consumer Buying Behavior of Hybrid Vehicles, Papers

Affirmative Action Essay Research Paper Politics is free essay sample

Affirmative Action Essay, Research Paper Politicss is presuming bid of the American economic system in the signifier of permeant # 8220 ; equal chance # 8221 ; enforcement. In today # 8217 ; s society, everyone is supposed to be equal and have equal rights, but in employment, there is more favoritism than of all time. American citizens need to make away with affirmatory action so that America # 8217 ; s occupation chances can one time once more be based on virtue, non skin colour or ethnicity. Laws have been passed, quotas have been established, and apparently, everything has been done to forestall favoritism, but instead than stoping favoritism, these new Torahs and quotas have begun to know apart against a new group of people? the qualified white male. America is known as the land of chance. The general theory is that if you work hard plenty and you are the most qualified individual to have a occupation, you get it, but that is no longer the instance. Now, in order to be employed, makings do non ever matter every bit much as the colour of a individual # 8217 ; s tegument or his ethnicity. In covering with this topic, the first inquiry that is ever asked is, # 8220 ; What is incorrect with quotas? What is incorrect with companies engaging a assortment of inkinesss, Hispanics, adult females, and white males? # 8221 ; ( ? Counting Costss? p. 18 ) The job is non with engaging a assortment of people from different cultural groups. The job begins when the individual who is best qualified for a occupation, loses the place to person less qualified. More and more, white males are holding jobs happening occupations because they are non black or Latino or do non hold chests. Affirmative action, which is action in the signifier of quotas and particular intervention for protected categories, has resulted in a politicized hiring procedure in which white males are openly discriminated against. A 1984 canvass found that one in every 10 white males lost a publicity because of quotas. ( Glatris p. 44 ) They have become unseeable victims because the thought of virtue hiring has been s ubverted by politicized hiring, and that has left the white males no manner to support themselves against this unfastened favoritism. Some have tried to support themselves, but judicial proceeding proved expensive, wash uping, chancy, and vastly clip devouring. One instance remains unsettled after more than six old ages in judicial proceeding. ( Brimelow, 76-77 ) Many voices say that quotas are used to compensate the past wrongs when so many minority groups were discriminated against, but even immigrants, if they belong to one of the protected categories are eligible for quota penchants. Leslie Spencer and Peter Brimelow, sociological research workers who have exhaustively researched the quota system, said that since immigrants can besides have quota penchants, it is # 8220 ; a reasonably clear indicant that quotas are non about compensating yesteryear incorrect, but approximately political power # 8221 ; . ( Merit p. 80-83 ) Just as socialism has collapsed around the Earth, the taking capitalist power has adapted a peculiarly American signifier of Neosocialism seting political relations and attorneies in bid of its workplace albeit on the stalking-horse of equality instead than efficiency. This job is merely going worse because America has the most far making equal employment Torahs found anyplace in the universe. ( # 8221 ; Counting Cost ss? ) Many companies are afraid of these Torahs, and the fright of political penalty makes quotas really hard to research. A Kmart executive told a research worker, # 8220 ; We # 8217 ; re non allowing you anyplace near our program. # 8221 ; ( Brimelow 77 ) Companies go beyond what is required merely to avoid legal problem. The director of corporate employment position at Xerox, a company that uses quotas, provinces, # 8220 ; We have a procedure that we call # 8216 ; balanced work force # 8217 ; . In Xerox, everyone understands that, and it is mensurable by its ends and comparative Numberss. That is the difficult concern, that is what people do non like to cover with, but we do it all the time. # 8221 ; ( Brimelow and Spencer n. pag. ) Sears, Roebuck and Co. spent 15 old ages and twenty million dollars to get the better of an EECO favoritism suit. Sears prevailed chiefly because they were able to demo cogent evidence of a voluntary quota plan. Many companies cleaving to plans such a s these as a hereafter defence in tribunal even if it means seting up with some unqualified or unqualified workers. ( Brimelow 77 ) Not merely is affirmatory action aching white males, it is besides doing jobs among the protected categories that it is supposed to be assisting. Many of these people feel that it is an abuse that the authorities thinks they need particular aid to vie in the occupation market. Yet others would be highly pained if this aid was taken off from them. Black Police Chief Clarence Harmon was one time in favour of affirmatory action until he realized the affect that it has on his race. He has said that when he was traveling through school, he enjoyed viing and maintaining up with his white opposite numbers, but he now realizes that many times in the constabulary academy black pupils use affirmatory action as a crutch. Black pupils have been found to hit lower on trials than white pupils. Harmon believes that this is because they do non believe that they have to work every bit difficult which produces less qualified black officers. ( Glastris 43 ) Karl Marx insisted that for any kind of category consciousness to originate, there must be com-munication of a common sense of subjugation, but no 1 can experience this sense of subjugation. With the mass media seldom acknowledging quotas, much less portraying white males sympathetically, Peter Lynch, a sociological research worker, states # 8220 ; White males have been easy and mutely victimized one by one. # 8221 ; ( qtd. in Brimelow ) With neither conservativists nor progressives doing affirmatory action a # 8220 ; large trade, # 8221 ; a authoritative spiral of silence has occurred whereby people assume that their uncertainties are non shared and stamp down them, therefore reciprocally intimidating each other. Peoples are left feeling that cipher will assist them. Another job with this is the male psychological science that # 8220 ; existent work forces don # 8217 ; t call # 8221 ; . Many work forces would instead set up with the injury than to even state their friends and relations. ( Brimelow 76 ) Most people realize that quotas do hurt people, but what most people do non recognize is that quotas are illegal. The 1964 and 1991 Civil Rights Acts explicitly banned authorities imposed quotas, but however, they instantly spread though the economic system. Even though quotas are going more and more popular, there is unbelievable denial. Some say that affirmatory action, while a regulative load, is non monolithic in graduated table. Supporters of affirmatory action insist that the 1991 Civil Rights Act did non enforce quotas, although its cardinal point was to overrule a Supreme Court determination and do work force racial instability Prima facie grounds of employer favoritism. ( Spencer and Brimelow. P, 85 ) California Democratic Representative Don Edwards, who is a mouthpiece of the civil rights constitution, claimed on the New York Times sentiment page that quotas did non be. This was said within three hebdomads of Supreme Court opinions about them. Equally much as people deny quotas and deny widespread affirmatory action, the facts remain that it is still there and still harmful. ( Brimelow 76 ) Another manner that quotas and affirmatory action are really harmful is that they are really expensive. In 1991, the direct and indirect cost of quotas, of enforcing them and following with them, amounted to between 112 and 115 billion dollars. The # 8220 ; chance cost # 8221 ; , which is what the economic system might hold achieved without the monolithic affect of quotas, amounted to at least 4 % of the 1991 Gross National Product, an sum equal to the sum spent on public schools. ( Spencer and Brimelow, p. 85 ) The disclosure of these figures is needed to demo the dangers of a politically motivated employment policy. Affirmative action hurts everyone? white males, their married womans, their households, the protected categories, and every other American citizen by aching the economic system. Affirmative action demands to be done off with, so we can return America to the great state that she one time was. Peoples one time came to America to be free to work hard to go qualified for a occupation. Will people now come because their tegument colour will assist them have a occupation? Martin Luther King said that he would wish to see the twenty-four hours when his kids are non judged because of their colour, but because of the content of their character. ( Brimelow 76 ) Every clip affirmatory action is put into usage, our state is taking another measure off from that worthy end. Brimelow, Peter. # 8220 ; Spiral of Silence. # 8221 ; Forbes 25 May 1992: 76-77. Brimelow, Peter and Spencer, Leslie. # 8220 ; When Quotas Replace Merit, Everybody Suffers. # 8221 ; Forbes. 15 February 1993: 80-89. # 8220 ; Counting Costs. # 8221 ; Editorial. National Review 15 February 1993: 18. Glastris, Paul. # 8220 ; Black and Blue. # 8221 ; U.S. News and World Report. 13 February 1995: 43-46. This a paper about affirmatory action, how the jurisprudence hurts the white male.