THE ESSENCE OF BREACH OF TRUST A breach of trust may result from some improper act or omission relating to the administration of the trust or the improper application of the interests of the beneficiaries arising under the trust. It usually consists of some failure to carry out the general duties of a trustee or some abuse by the trustee of his powers. In general, the trustee is liable for any losses caused directly or indirectly to the trust property and to the beneficiaries’ interests as a result of his breach of trust – see Bartlett v Barclays Bank (1980) Some examples of the situations involving a breach of trust are as follows: a) Paying trust property to the wrong person; b) Purchasing trust property without authorisation; c) Taking a profit from the trust property without authorisation; d) Investing trust funds in unauthorised investments; e) Failure to have the trust funds transferred into his name; f) Failure to act impartially as between the cestuis que trusts. The following basic problems concerning breach of trust will be discussed: 1. What is the nature of the general liability of trustees to the beneficiaries, and what is the measure of that liability?
After reading The Jungle, many Americans were appalled by the lack of safety precautions and sanitary systems in factories. Dissatisfaction with food and drug regulation at the state level in the 1890s soon led to pressures to give the federal government the power to monitor and promote the quality of food. Thus, the Pure Food and Drug Act along with the Meat Inspection Act of 1906 passed, making meat shipped over state lines subject to inspection (Paulet). Though, while muckrakers were influential in bring about reform, many of the leading progressive reformers were women. Middle class women played a major role in the awareness of poor working conditions, child education, and
Louis Riel and his Métis followers felt threatened by Thomas Scott, an Irish Protestant who was against Métis and Roman Catholics being involved with the Government. He began to spread his views in the Red River. Angered and scared, with Riel’s approval, the Provisional Government arrested Thomas Scott and executed him by firing squad. Both men were hated by many people and were in danger of getting killed. Martin Luther King gave many speeches about racism and how people should not be judged by the colour of their skin, but on the basis of their character.
2. Which of the following statements is CORRECT? a. The main method of transferring ownership interest in a corporation is by means of a hostile takeover. b.
The owner of the craft show could be liable for the accident of his employee under Vicarious Liability. Vicarious liability occurs when one person is held responsible for the negligence of another. Typically, this applies in an employment context, where the employer (master) is responsible for the negligent acts of the employee (servant) which occur within the context of the employment relationship. (Aaron Larson, Law Offices of Aaron Larson, October, 2003). Although
* Also the theory of moral unity is applicable: where business actions should be judged by the general ethical standard of society, not by a special set of permissive standards. The government of India should not create rules against the management of the corporation. The general rules of business should have been applied. 3- The legal system does not work well in India. There are a lot of rooms for corruption.
“I have right like you, I have right to buy guy,” screams an angry man when attempting to buy a gun. “Not in my store,” demands the owner. “Ya you’re ignorant.” “Oh ya, I’m ignorant. You’re liberating my country and I’m flying 747s into your mud huts and incinerating your friends.” In one of the opening scenes in Crash, a Muslim man and daughter are trying to buy a gun when predetermined stereotypes interfere causing this exchange to be rude, discriminatory and definitely uncalled for. Throughout the movie Crash, instances like these where stereotyping and prejudice is a common source of conflict, reinforces how society constantly pins certain ethnic and racial minorities to prior historical events to determine a preconceived notion of them.
Hotel Rwanda Directed by Terry George Themes: Racism/prejudice • The main issue is between the Tutsi and the Hutu. This is explained to the journalist in the bar. His friend tells him that the Belgians decided who would run the country based on their height, skin colour, or the size of their nose. This shows us how ridiculous racial divisions are. The journalist reinforces this when he looks at a Tutsi and a Hutu woman and says “they could be twins.” • Colonel Oliver also expresses his disgust at the treatment of the Africans.
And swear whatever you wish, and then begin all over again?”(Anouilh, 48). The presence of her masculinity implies that only masculine characters can oppose law. Because she is an undesirable female, who doesn’t follow the rules of womanhood, Anouilh resolves the presence of her character through an inevitable death, to emphasize his contempt with such women. Although male, Haemon portrays female characteristics, being over-emotional and rash, thus being incapable of fulfilling the idealistic male role. An
By not allowing same sex marriage it can cause psychological distress with those who are homosexual, and those who support it. Denying somebody a chance to be happy takes a toll. Imagine this; You and your fiancé want to get married right away but the hotel won’t marry you simply because of your origin or how you look. You feel alienated and the stress not only takes a toll on your body but also your mind. “The Stigma and harm caused by denying committed lesbian and gay couples the choice to marry fuels a vicious cycle.” (U.S. Study) Herdt primarily wants to inform us that denying people something they want causes not only anger, sadness and or misery, but also changes the way people think about the world that we as Americans live in today.