Tropicana Drops Package Redesign Essay -- Business Analysis

This article discusses how Tropicana redesigned their advancement and how it plans to bring back the previous version. This interpolate was made in order to attract to a greater extent customers to buy the product.IntroductionThe source for this article was found on New York Times online. Stuart Elliott. Tropicana Discovers Some Buyers Are Passionate About Pacakaging. Retrived Feburary 23, 2009. http//www.nvtimes.com/2009/02/23/ blood/media/23adocl.html? wherefore Change?Tropicana has decided to return to its orginal packaging and symbol of one of the most favorite bands of organge juice. The PepsiCo Americas Beverage division is changing their flagship product of Tropicana Pure Premium organge juice because some of the customers did not like the new design of the product. One of the worst things about the Tropicana redesign was the lost of the famous orange and straw. They described the new packaging as being ugly, and resembling a generic brand. When I first saw the Tropican a juice pacakaging, I thought that it was a store brand. consequently I did not purchase the product because I assumed that it would not taste the same. The new design made it more difficult to distingush among the varities of Tropicana juices. A mess hall of the customers missed the old design which consisted of an organge with a straw in the middle. According to our text, a firms external envionment consists of all the conditions and forces that affect its strategic options and outline its competitive situation. (Pearce & Robinson. 2009, pg. 12). The customers who used Tropicana felt better buying the orginal tropicana because they said that the organge symbol meant to evoke fresh taste. When you change the packaging of the product, most olfactory perception as though the conte... ...ny more ways to come up with new products for them to try. If customers are dissatified, it gives the company an opportunity to allow customer feedback and be able to change what they do not like about the product and to improve it. Tropicana has been around for a long time and some customers are use to drinking this pleasing of organge juice. I know the customers did the right thing by voicing their opinion because if they didnt the company would think that customers were pleased with this new design when apparently they didnt like it at all.Works CitedPearce J., & Robinson R. (2009). Strategic management Formulation implementation and control (11th ed.) New York McGraw-Hill Irwin.Stuart Elliott. Tropicana Discovers Some Buyers Are Passionate About Pacakaging. Retrived Feburary 23, 2009. http//www.nvtimes.com/2009/02/23/business/media/23adocl.html?

Willa Cathers Short Story Pauls Case Essay example -- Willa Cather P

Willa Cathers Short Story Pauls CaseIn Willa Cathers short story Pauls Case we learn of a unripe man who is fighting what he fears most to be as common and plain as his world around him. How others perceive Paul only encourages him to adjoin his dream of escaping his monotonous lifestyle. Paul feels he is drowning in his everyday environment and his only breath of air is his savior the theater.Paul has very little lodge in in his class studies. This leaves him open to distraction and eventually criticism. Although Pauls appearance is that of a perfect gentleman, his teachers find his behavior inappropriate and unacceptable. The narrator draws situation attention to Pauls eyes describing them as remarkable for a certain hysterical brilliancy(Cather 245) this is followed by the response of his teachers who find it peculiarly offensive activity in a boy(Cather 245). Pauls meeting with the schools principal continues as each of his teachers get an opportunity to voice their disgust with Paul. The whole cartridge clip Paul stands there never losing his smile. This is dubbed irritating to the last degree (Cather 246). For Paul this is his sign of strength. He refuses to allow his teachers, of such simple minds, to tear at his soul. They invite no understanding of Pauls behavior and do not wish to learn. After the meeting his teachers felt remorse for their onslaught against this mere boy. unrivalled remarked on the similarity to a miserable street cat set at bay by a r...

Pay-For-Performance and Productive Workforces Essay -- business, compe

The telephoner did not truly have a pay-for- finishance process. In fact, what it did have was a pay-for-profitability process, commonly cognize as a profit sharing program. There is a substantial difference between pay-for-performance and profit sharing, both in terms of how the process is merged and how the payouts are determined. Profit sharing is a program based sooner simply on how much profit the company makes, regardless of performance. In sure times, a company may not perform very well yet still make a profit. For example, on organization may obtain large expenses, have inefficient use of resources and incomplete accounting of internal asset allocation. However, it may also have huge sales volumes, little aspiration and an enviable and desirable product. It is virtually successful in spite of itself. Can that actually occur? Examples abound Circuit City, AOL, Xerox and so on. All quite successful companies, initially, but almost destined for problematic existence as a result of growth that occurred too fast too soon. They did not perform very well, yet were able to generate considerable profitability. A pay-for-performance program, on the other hand, is designed to reward mensural performance against certain standards. It is created by establishing measurable goals and objectives, assigning individuals to the goals with time bound periods of measurement and finally an evaluation of that individuals performance against those goals. The company may make a profit, but if the employee does not meet or exceed their performance goals, they may not receive any reward, or what is commonly viewed as a raise or bonus. True pay-for-performance does not vertical take profitability into account, unless generating profit was t... ... their office.(Robbins& Judges,2007) The benefits of telecommuting reduces absenteeism and tardiness. In addition, it also contributes to the green initiative by cutting down the amount of pollutants from motor vehicle tra vel. gibe to recent estimates indicate that between 9 million and 24 million people telecommute in the United States (Kurland & Bailey, 1999). Fortune 500 companies such as AT &T, IBM, and Merrill Lynch are just a few. In conclusion, if Sean Neal utilized the options listed, he could create a more productive workforce through incentives without affecting the companys bottom line. In addition, Mr. Neal could boost morale which would create a more realized work force through longevity of employment. By having an experience workforce Mr. Neal should see a significant increase in production and profit over a short period of time.

Divorce Laws in The United States Essay -- Law

Divorce is a decree by a court that a valid marriage no longer exists. It leaves some(prenominal) parties free to remarry. The court will award custody, divide property, and order spousal and child support (The American Bar Association 71).till death do us part is almost always heard at wedding ceremonies. But all too often this phrase does not represent its accepted meaning. Between 1960 and 1999 the divorce rate in the coupled States tripled (Porterfield vii). Out of all first time marriages, 41% end in divorce (Divorce Rate). According to the Centers for unhealthiness Control and Prevention, for every 1,000 people, 6.8 get married and 3.4 of those marriages will end in divorce (Marriage and Divorce). The Family Legal Guide from The American Bar Association confirms that of the couples who marry to begin with the age of forty-five, one-half of them will get divorced (71). These numbers do not seem to be decreasing. They only seem to be increasing as time goes on. If two people can no longer find it in themselves to be passionate towards one another and they no longer entrust the others company, they should end their marriage. However, the growing number of divorces is proving that getting a divorce in the United States is too easy. The evidence proves that divorce laws should be made stricter throughout the United States.Every divorce is different. any(prenominal) divorces involve children. Some only involve the couple. Some have step children or half children. Some include strange situations. Some are peaceful. Some are for valid reasons. Some are simply because the couple does not feel like being together anymore. Some are mutual. Some are not. So why is every divorce so quickly done and so easily obtained?A number of states intromit do-it-yourself divorces.... ...2. Marriage and Divorce. Centers for Disease Control and Prevention. 5 Oct. 2010. Web. 26 Feb. 2012.Porterfield, Kay Marie. Straight Talk about Divorce. newly York Facts on File, 1999. Print. Portnoy, Ph.D. Sanford. A Lawyers safety fuse Part 1- The Effects of Divorce on Adults. Ed. Ron Brown. The Psychology of Divorce. 1(2006) 1-7. Print.Russo, Francine. Can The Government Prevent Divorce? The Atlantic. Oct. 1997. Web. 1 Apr. 2012.Shapiro v. Thompson. 2 Library of Congress Cataloging-in-Publication Data. U.S. compulsive Court. 21 Apr. 1969. Print.Tavernise, Sabrina, and Robert Gebeloff. Once Rare in Rural American, Divorce is Changaing the Face of Its Families. www.Nytimes.com. The New York Times. 23 Mar. 2011. Web. 27 Feb. 2012.The American Bar Association. Family Legal Guide. 3rd ed. New York Random House, 2004. 71-88. Print.

The Importance of Freedom Exposed in Anthem :: Anthem Essays

The Importance of Freedom Exposed in hymn In the novel Anthem, Ayn Rand writes about the future dark ages. Anthem takes place in city of a technologically backwards totalitarian society, where mankind is born in the home of the infants and dies in the home of the useless. Just imagine, macrocosm born in to a life of slavery having no freedom, no way of self expression, no ego. The city represented slavery. When in the city, comparability had been criminal of many transgressions. He was not like his brothers, he was different he was smarter, healthier, and stronger. At the age of five he advanced to home of the student, where he got scolded for eruditeness faster then his brothers. Equality teachers told him that he had evil in his b one(a)s because he was taller then his brothers. Then at the age of fifteen when the house of vocations came Equality was guilty of the great transgression of preference because he wanted to be a scholar, but his selected vocation was to be a stree t sweeper. Every day while he swept by the fields he would watch and smile at Liberty and she would smile back. Liberty was a woman that worked in the home of the peasants. Making contact with a woman was prohibited but for when in the palace of the mating. The palace of the mating was where people were forced to breed. Equality idea touching a woman was shameful and ugly. Th en one day while he swept the streets he found a drudge that led to underground tunnel full of things from the unmentionable times. For two years he went to the tunnel and discovered a new glowing light. Then one day while in the tunnel decided that he must share his secret with his brothers. He decided that he would bring his secret in front of the world council meeting. When Equality entered the world council meeting the scholars got frightened and angry. They demanded that he tell them why he was there. He connected the wires and they glowed, the scholars backed up against the palisade as they stared in h orror. They told him that he they were going to punish for breaking so many laws. Equality trembled in fright he quickly grabbed the light and ran to the unknown forest. No man followed because they feared the unknown.

The Importance of Freedom Exposed in Anthem :: Anthem Essays

The Importance of Freedom Exposed in Anthem In the brisk Anthem, Ayn Rand writes about the future dark ages. Anthem takes place in urban center of a technologically backwards totalitarian society, where mankind is born in the nucleotide of the infants and dies in the home of the useless. Just imagine, being born in to a life of slavery having no freedom, no way of self expression, no ego. The city represented slavery. When in the city, Equality had been guilty of many transgressions. He was not like his brothers, he was different he was smarter, healthier, and stronger. At the age of five he advanced to home of the student, where he got scolded for learning faster then his brothers. Equality teachers told him that he had evil in his bones because he was taller then his brothers. Then at the age of fifteen when the house of vocations came Equality was guilty of the great transgression of preference because he wanted to be a scholar, but his selected vocation was to be a street s weeper. Every day while he brush by the fields he would watch and grinning at Liberty and she would smile back. Liberty was a woman that worked in the home of the peasants. Making contact with a woman was prohibited but for when in the palace of the matrimony. The palace of the mating was where people were forced to breed. Equality thought touching a woman was shameful and ugly. Th en one day while he swept the streets he found a grate that led to underground tunnel full of things from the unmentionable times. For two years he went to the tunnel and discovered a new glowing light. Then one day while in the tunnel decided that he must share his secret with his brothers. He decided that he would bring his secret in front of the world council meeting. When Equality entered the world council meeting the scholars got dauntened and angry. They demanded that he tell them why he was there. He connected the wires and they glowed, the scholars backed up against the wall as they stared in horror. They told him that he they were going to punish for breaking so many laws. Equality trembled in fright he quickly grabbed the light and ran to the uncharted forest. No man followed because they feared the unknown.

Statement of Purpose for Cfd

Statement of Purpose Physicists come and go but the problem of uplift remains. - A. Liebchaber spirit plans and dour-term goals The teraflops supercomputers testament become common over the next decade and with the advent of a new era in the world of parallel programming, the long cherished dream of the scientific community to get a substantially deep insight into the hitherto uncanny world of turbulence will at last take a realistic shape.The desire to become a part of this revolution, to collectively tackle the challenge expressed in the comment on top, has motivated me to opt for a career in research in the region of Computational placid Dynamics. In the long-term, I want to take up an exacting position, either in the academia or the industry, where I can do independent research on heavyly challenging and technically demanding problems with an fast relevance to the everyday world. Bearing these long-term goals in mind, my immediate objective is to work towards an M.S. le ading to Ph. D. , whose importance in laying a strong pedestal for a successful career in research is paramount. What I want to contribute A thorough understanding of the basic nature of turbulence and the key principles governing it is at the heart of numerous key issues facing the present day scientists and engineers. But our extremely limited knowledge of this classical bete noire becomes a operose handicap when we try to address those issues.With this in mind I am determined to carry out research in the field of Computational Fluid Dynamics, as it (CFD) will process us in remarkably improving our comprehension of turbulence science. Further, I also hankering to work on the bidding of turbulence because I reckon that virtuoso may not be able to predict the direction of the wind but one can certainly control ones sails. What I mean is that turbulence will always remain, just that we will aim to use our understanding of turbulence to break dance innovative controls that wil l decrease or increase turbulence, as the requirement may be.While I will try to delve into turbulence, I also wish to apply the existing knowledge to control it. We just cant afford to wait, as we are running out of fuel What I ache I commit that the fruitful past academic and research experiences I have had, the present grooming I am going through and a focused and determined approach towards future are the main ingredients of my recipe for success in my long-term goals. Consistently the overall topper at school, I derived a special kind of pleasure from the world of mathematics and nurtured it as a hobby and not merely as a part of academics.My slam for mathematics won kudos when I topped the Regional Mathematical Olympiad (RMO) from my region in class 9th (RMO is normally written in 11th standard) and went on to get 12th rank at the Indian National Mathematical Olympiad (INMO) the same year, thus becoming the youngest Indian to get the INMO Award (INMO is just one level below the International Mathematical Olympiad, IMO). To add to my good academic performance, I have background in doing research work, whose invaluable experience should help me in my academic and research pursuits in the graduate school.At college my research interests were kindled when I got an opportunity to work on Design of Disassembly under Prof. M. K. Tiwari. ground on the efforts of the group a paper titled Disassembly Sequence Generation A Petri Net Based Heuristic Approach has been communicated to the International journal of Production Research (IJPR) (refer resume for details). The project acquainted me with the research-oriented approach and the success fostered in me a keen desire to further explore and excel on the research front.In the summers after the junior year I joined an industrial consultancy project Cryo-treatment of cutting tools and its effects on wear resistance under the protective covering of the Cryogenic Engineering Center, IIT Kharagpur. Working on the pr oject exposed me to the complexities of a real life industrial project besides honing my computational and experimental skills. currently I am working on my senior year project on Design and Fabrication of Thermal Mass Flow Meters for laminar and nettled flows under the guidance of Prof.Sunil Kumar Sarangi (refer resume for details). During my work, the interactions with fellow researchers and senior investigators have not only helped me crystallize my fundamentals and further widen my horizons of understanding real life problems and then in molding them into suitable mathematical models for simulation and analysis using CFD (we are using a lot of CFD for modeling our system) but they have also effectively taught me the importance of collaborative work.On delving deeper into CFD I realized the tremendous importance and numerous applications it has, right from hypersonic aircrafts to the flow of blood in the ventricles. The immense computational and mathematical skills needed for C FD are indeed very challenging, and compatible with my abilities and so I have decided to specialize in CFD. Why Stanford Stanford University has one of the topmost ranked graduate programs in Mechanical Engineering in terms of experienced faculty and state-of-the-art infrastructure.Of particular interest to me is the high quality fundamental and pioneering research being done at the Center for Turbulence Research (CTR) and the Center for Integrated Turbulence Simulation (CITS) for significantly advancing the understanding of turbulence physics. My special interest in CFD, therefore, makes Stanford University a very coveted place for graduate studies. I am sure that a chance to work at these centers of excellence would give me an in-depth understanding of the challenges involved in turbulence physics and would also provide me with a golden opportunity to make original contributions to my field of interest.I firmly believe that I am well equipped with the necessary technical skills a nd adequately prepared for the kind of dedication and resolve I will have to show in such demanding research environment as the Mechanical Engineering Department at Stanford offers to its graduate students. I strongly believe that graduate studies at Stanford would be an important step towards realizing my career and research goals. Varun Rai

Dress Code Essay Essay

In some high schools crop autographs are being suggested. Parents and teachers believe that changing the dress code could possibly improve the learning environments in the school. In contrast, dress codes should not be variety showd because parents have the responsibility to supervise what their baby birdren wear, the students will lose their individuality only if not their behavior in any way, and finally the school staff should be strict to begin with.Before parents start to ask for a alteration in other childrens wardrobe, they should first check what their child is wearing. This issue all begins at home and if the parent doesnt see it then they shouldnt be asking some other kid to change the way he/she dresses. As long as every parent imposed what their child wore, there would be no problem at school and the rules would be fine. Not every parent will do it, besides for those who do shell out they should start to get rid of the inappropriate clothes that belong to their children. If the parents would be responsible enough to see and limit what their child wore, there would be no need for a change in the dress code in the first place.Enforcing a dress code would take away individuality but not change behavior. There are various clicks around a campus and that is what makes it diverse. ever-changing the dress code would discourage creativity and aesthetic values in students. People desperately try to stand out from the crowd and these rules restrict ones fashionable rights. As a result, students just wont change behavior and all of a sudden become thirsty for knowledge, the students will remain the same. There is no point in changing the dress code because it wont work nor improve behavior in classrooms. The dress code would only limit individuality not personality.The dress code should be enforced not changed. Instead of telling students to buy similar outfits, which some cannot, the staff should be more stricter in dress code policies. For example, in my school teachers and staff are complaining about how girls dress. However, I have never seen them actually punish them or warn them to not do it again. If schools were to enforce the rules they come up with everyone would know not to rebel against them. The students would keep in mind that they might be punished for doing something that is against the rules. When staff begins to reinforce their rules a minify in rule breaking will occur. Therefore, changing the strictness of the rules will bring about a better environment not a change in dress code.There is no need for a new dress code. Knowing that the parents and teachers could first change the ways they do things could help pop off the thought of changing the dress code. Parents should limit what their children wear to respect the dress code already in effect. This will let the rest of the student tree trunk express themselves liberally and not have to give up their creativity and fashion sense. Staff should begin to enf orce the rules to create the positive environment they want. Changing the dress code is the wrong alternative for an increase in academic potential.

Pension reform in Europe

Task 6 Are future bonuss secured? Bruno Miguel Silva Abrantes Current Issues in Economic Policy Academic year 2012-2013 Contents Are pensions secured? Understanding pensions Pensions aim to handle the transition of a person as worker to retired. So that he enjoy an income provided by the state or an separate organization and maintain a similar standard of living to what he had while industrious and thus have a comfor knock back life economically, until the end of his life.The second objective of a pension is related to the fght against poverty which is done through a redistribution of income that romotes equity, within the elderly class. 1 There is a growing concern on the part of the European Commission on the sustainability of pension systems in the assorted countries of the European Union. The recent financial and economic crisis has revealed weaknesses that several countries have and bring into question the sustainability of the pension system. Economic growth slowed, unemploy ment has risen and the public accounts argon in poor condition.One of the more than serious implications on future pensions is related to the fact that a large part of the population remains unemployed or is coerce to accept Jobs where they get lower ncomes, or work less time, which leave alone result in a lower pension. 2 Further compounding the emplacement is a major demographic trend towards an aging population. The increase in life expectancy over the past decades, combined with low fertility order is creating a change in the composition of the population. The number of active workers go out decrease while the number of people who are retired will increase.Moreover, the numbers of old age that a person remains employed is dwindling, partly because people start to work later, due to the many years spent in education. On the other hand there is a great tendency in obtaining early retirement ue to existing policies and management ot age in What are the main systems of pensio n funding? the labor market. In several countries of the EIJ-27 the public sector is largely responsible for pensions, early retirement, disability and survivors. However there are some differences amongst the various members of the European Union at the level of pensions related to occupational or private pensions.In a generalized way pensions can be classified ad into three pillars The public social security system, mandatory or voluntary occupational schemes and voluntary private schemes. The first, public social security system is undoubtedly largely responsible for the allocation of pensions to the population in most member states of the EIJ-27. This pillar can be characterized mainly by the Pay-as-you-go system (PAYG). In this system pensions are financed directly from taxes and social components that workers are paying in the present.The taxes are used to pay pensions in the short-term instead of being used to have funds that may grow in the long-term and benefit future g enerations. 3 Schemes within the second pillar can be mandatory or voluntary occupational schemes. Participation in these funds is usually mandated by law and aims to provide an adequate pension to retired people according to what they saved during their functional life. These funds are created by a company or organization in order to provide proper pensions to their employees, which should correspond to the effort and contribution the workers exercised.Both the employee and the employer stick out to the fund, which grows with the return rates that vary with the state of the market and the economy. The amount of the pension depends on the number of years of service and final salary of the employee. These funds are important to relieve the responsibility of the state to secure pensions in the whole population, but also because it is believed that these organizations are able to grow a fund more effectively than the state would. 4 The third and final pillar is characterized by priva te schemes. These are schemes that help people to accumulate savings for their retirement.The people who care to do so can choose from a wide range of schemes who best match their needs. There are funds that are riskier however the contribution that person does is less than the benefit you will receive if all goes well. On the other hand there are safer funds in which the benefit will match the contribution made. Typically these funds are voluntary and are complementary to government reforms that people receive from the state. 5 Looking at table 7(in appendix) we can divide public pensions, which are part of the first pillar of pensions in various sub-groups.Among which we can incur Minimum pension / social allowance, aging age, early retirement, disability and survivors pensions. Early- retirement, old-age pensions, disability and survivors pension exist in almost all 27 member states. Early retirement does non exist in the Netherlands, Malta, United Kingdom and Norway. These s chemes operate mostly in the form of earnings-related, which means that pensions are assigned according to what people earned and contributed during their working life. However not all countries have adopted this scheme in the same way.In Denmark, survival and disability pensions are awarded according toa flat rate, offering a pension with a fixed value over time. This way of organizing pensions can promote greater social equity it the people who are the target of these flat-rate pensions have not worked or contributed full to receive a ension that is sufficient to have a good quality of life in old age. However the state has to make an particular effort to fund this pension scheme, an effort that ultimately fall on taxpayers, since the people who will receive these pension contributed less than the amount of pension they will receive. Minimum pension or social allowance schemes exist in all EIJ member-state. These pensions are usually means- time-tested, in the sense that people are tested to understand whether they are , that is according to what the person has earned and contributed as an employee, or if they did not ork and had no and any gain if they have worked and which contributed received is not enough to access a normal pension. This type of pension is normally financed by taxes on citizens rather than individual contributions of individuals to pension funds. In the 2nd pillar we find Mandatory / voluntary schemes occupation.

Sadomasochism in Female Addicted Trauma Survivors

Reference Southern, S. (2002). The tie that binds Sadomasochism in female addicted trauma survivors. Publisher Brunner Routledge, 9(4), 209. Retrieved from http//www. mendeley. com/research/tie-binds-sadomasochism-female-addicted-trauma-survivors/ Introduction The general area being investigated is women and addictive disorders that obeisance from past life trauma. The purpose of the interpret is to investigate case studies of women with traumatic pasts and to see if the theme of sadomasochistic expression is prevalent in all studies.The strong-minded variables would be the case studies themselves and the dependent variable would be the recurring themes in each content. Methods Participants The researchers found participants who had all suffered from past trauma in their childhoods and were exhibiting addictive behaviors in their current lives. Measures The researchers used a table that represented the four parts of the personality, which were sadist, masochist, dependent, addic t. These four parts of personality manifest themselves in self vs. other relationships and tell apart vs. ate relationships the trauma survivor is involved in. They also breakdown the process of brainwashing vs. psychotherapy and explain how one is used to reinforce negative ideals and the other is meant to help the patient recover and work their past issues. The functions of sadomasochism in the womens lives was also explained. Procedure Case studies were gathered and then analyzed for recurring themes of sadomasochistic behavior. Results and discussion The authors found a common theme of sadomasochistic behavior in all the case studies of the women with the life trauma syndrome.The study portrays sadomasochistic behavior as a harmful lifestyle choice and also gives detailed reasons as to why the women made the choice to live such a lifestyle. Conclusions The study told me that sadomasochistic behavior in female addicts who experienced the life trauma syndrome was detrimental to their recovery because it renacted past abuse then reinforced the negative feelings associated with the abuse. The study explained some reasoning behind sadomasochistic behavior in women with past abuses.

History and Development of Equity Essay

It is serious to appreciate, especially when reading older cases on the justice of nature oftrusts, that at that place were, until 1873 in England, twain main sever judicatures courts of natural constabularyand courts of right wingfulness. Trust law was a product of courts of virtue. We will gum olibanum look at(i)the importation of fair-mindedness that is associated with courts of equity(ii)the origins of courts of equity (iii) the growth of the law of gives and trusts (iv) the expatriation of equity legal power to Canada (v) the current status of the fusion of law and equity. II.Objective Be able to chance upon four different meanings that might be associated with equity andthe definition of equity that is important for our purposes. The word equity has several different meanings. Lets examine near of thosemeanings and thus focus on the meaning that is important to us in understanding the lawof trusts. A. Equity as Fairness One meaning of the word equity is fai rness or incisivelyice. This is oftenreflected in expressions such as handling of goods and services equity, give in equity or distri only ifionalequity.People speak in terms of what is fair or just plainly there is often considerabledis intellect as to what is fair or just. This apprehension of equity is not the c at oncept ofequity that we mean when we speak of what courts of equity did. B. Equity as Net Worth The word equity is likewise used to mean net worth. That is, the amount one retainsafter creditors energize been paid. For instance, sh bes in a corporation are often describedas equity investments. The shareholders are en styled to what is left over after thecreditors are paid off. Similarly, people speak of having equity in their house.Forexample, a psyche might buy a $400,000 house by making a $100,000 downpayment andborrowing the remaining $300,000 to pay the rest giving the lender a security affaire (orcol of lateral) in the house by modal value of a mortg g eezerhood. The $100,000 would be that personsequity in the house. If the person were able to pay off $50,000 on the loan then thepersons equity in the house would rise to $150,000 (i. e. the value the person would come 2 invested in the house net of paying the lender (or creditor)). The persons equity in thehouse would, of course, vary with the market value of the house.This use of the word equity has its origins in a creation of courts of equity. Courts of equity essential the concept of the equity of redemption. To borrow money aborrower often had to rear some form of security interest (or collateral). A rough-cutmethod of doing this was to convey the legal title to the lender until the debt was paid. The agreement under which the loan was made required the lender to reconvey the dimension to the borrower if the debt was paid by a specified date. If the borrower failed topay by that date the lender could keep the legal title to the property.Often lenders wouldretain the proper ty even though the borrower was just a day late in paying. Courts ofequity addressed this by allowing the borrower to pay in a bonny period of time,often allowing the borrower as much as several years to complete payment on the debt. This was known as the equity of redemption the right of the borrower to pay off thedebt and get the property back (and thus the value of the borrowers interest (or equity ofredemption) was the value of the property less the amount of the unpaid debt. composition the equity of redemption was a product of the courts of equity it is still notthe concept, or definition, of equity that we are looking for. C. Equity as a Corrective to lawfulness Legal rules can work injustices in situations that werent anticipated when the rulewas created. All legal systems need some mechanism to address this problem. In civillaw systems it is usually a combination of broadly drafted code provisions and liberalinterpretation together with a concept of non-binding precedent . In England courts ofequity arguably had their origins in the performance of this corrective to law function.But as courts of equity developed they developed their own rules that were often rigidlyinterpreted and thus arguably came to no longer perform this corrective function. D. Mere Equities There are also what are referred to as mere equities. These are defences to legalactions that were created by courts of equity. Consider, for instance, the defence of setoff in the context of an assignment. In the 17 th carbon courts of equity developed the concept of assignment. Suppose, for example, A owed B $10,000. B could assign to Cthat right to receive $10,000 from A. But suppose that B owed A $3,000 in a separatetransaction.If B had claimed the $10,000 from A, A could contrive set the right to receive$3,000 from off against Bs claim for $10,000 (i. e. allowing A to just pay $7,000). C wassaid to take subject to the equities when B assigned to C the right to receive $10,000from A. T hat allowed A to assert the right of set off against C thus allowing A to just payC $7,000. C would have to seek the other $3,000 from B. Other mere equities that Ctook subject to would include claims that A might have as defences to Bs claim. Forinstance, A might have claimed against B that the debt arose due to duress, mistake,misrepresentation or fraud.A could also assert these defences against C. In other words, 3 C took subject to the equities of the situation between A and B. These defences of Awere questionable mere equities. E. Maitlands Definition of Equity The meaning of equity that is relevant for our purposes is the meaning thatMaitland gave Equity is now that body of rules administered by our courts of justice which,were it not for the proceeding of the Judicature Acts, would be administered onlyby those courts which would now be known as Courts of Equity. Equity came to be a body of rules.Here is a simple story that possibly roughlycaptures how this came ab protru de. Spouses A and B have both children, X and Y. Oneevening X goes to collaborator A and asks to stay up beyond the specified bedtime of 800p. m. X argues that there are special circumstances that particular night in save of beingable to stay up beyond the normal bedtime. A give tongue tos no. The rule, according to A, is thatbedtime is 800 p. m. no exceptions. X goes to spouse B, the established ultimateauthority in the house, and makes the argument in party favour of extending bedtime to 830p. . on the particular evening. Spouse B thinks the arguments in favour of extending thebedtime are fair and allows X to stay up until 830 p. m. The next night child Y goes tospouse A to ask for an extension of bedtime beyond the normal bedtime of 800 p. m. Spouse A sticks to the rule of 800 p. m. so Y goes to spouse B. Y makes arguments infavour of extend bedtime on this particular night to 900 p. m. The perceptive spouse B(whose perception greatly shortens the story) sees the potential for things to unravelthrough a series of claims for exceptions.Spouse B realizes that some restrictions, orrules, will be needed on just when the decisions of spouse A will be interfered with. Spouse A in the story is, of course, intended to be somewhat analogous to a court of lawwhile spouse B represents a court of equity. While spouse B, or a court of equity, mightbegin with the simple notion of doing what is fair, or providing a corrective to thelaw, eventually some rules are created as to when a corrective order will be provided. The chancellor would draft new writs for actions in the common law courts plainly by 1350 thecommon law courts had begun refusing new writs on the basis that they were not inconformity with the law. This led to more(prenominal) substantial bases for complaints wherelitigants felt they could not get justice in the common law courts. It was in the context ofthese complaints that the Chancellor began performing equity in the sense of a correctivejustice. For example, courts of law at the time took written documentation of a debt asirrefutable evidence that the debt was owed. ordinarily when the debt was paid thewritten document would be cancelled.Sometimes, however, the document was notcancelled and the lender would claim again on the debt. Because the written documentwas irrefutable evidence of the debt, the debtor could not prove by other means that thedebt had been paid. The debtor could then file a bill with the Chancellor and provideother evidence that the debt had been paid. The lender would then be called upon toanswer a series of questions pose by the Chancellor. If the defendant (the lender) couldnot provide satisfactory answers the Chancellor would make an order telling thedefendant not to enforce the judgment received from the common law court.This cameto be known as a common injunction. 5 3. Equity Follows the law of nature and Acts in Personam Here one can see a couple of important things about equity. First, equit y followsthe law. The Chancellor did not say the common law rule that written evidence of thedebt was irrefutable. That rule remained. thence equity took the common law as given andsimply acted in response to decisions of the common law courts. This is sometimesreferred to as the rule that equity follows the law. Second, equity acts in personam. Theorder of the Chancellor did not create a legal right or a property right.If the Chancellorfound in favour of the plaintiff the Chancellor would make an order against thedefendant. 4. From Ecclesiastic Chancellors to Non-ecclesiastic Chancellors Until the premature 16 th century chancellors were bishops, archbishops or even cardinals. They were thus usually trained in Roman law and canon law (perhaps lendingsome weight to the notion that the law of trusts may have had its origins in Roman lawand canon law concepts). After the early 16 th century chancellors were seldom ecclesiastics. By the mid 15 th century (around 1430) a court of ch ancery was set up atWestminster. B. Development of the Law of wasting diseases and Trusts Objectives 1. Note the early form of the use. 2. Identify and explain three ways in which the use was apply in its early reading. 3. Note the non-recognition of the use and one of the benefits of its non-recognition. 4. Briefly hash out the recognition of the use. 5. Discuss the reasons for the jurisprudence of Uses and its effect. 6. Note both word formulas that were used in an attempt to avoid the legislation of Uses andthe eventual recognition of these formulas. 7. Explain the reason for the enactment of the order of Wills. . Uses Franciscan Friars, Crusades and the Form of the Use Uses and trusts was an area in which the Chancellor began developing a body ofsubstantive law. As noted earlier, early forms of trusts may have included the concept ofthe use employed by donors to Franciscan friars or by owners of estates leaving on thecrusades. These early forms of trusts were expressed as conveyances to the use of other. In other words, X would convey property to A to the use of B (use derivingfrom the Latin term opus, ad opus meaning on behalf of).In addition to the possible 6 early employment of uses by Franciscan friars or in relation to the crusades, people cameto realize a number of other ways of employing uses to their advantage. 2. Other Ways in Which the Use was Employed a. To invalidate the feudalistic Burdens of Wardship and Marriage For instance, the use could be employed to avoid the feudal burdens of wardshipand marriage. The male heir of a tenant under the age of 21 and the female heir of atenant under the age of 16 became the ward of the master if the tenant died.The manufacturing business tookthe profits of the land until the child reached the age of 21 (or 16 in the case of a female)and had the right to determine the marriage of the child. This could be avoided byputting the land in the hands of ones friends, say A, B and C, for ones own use ( i. e. Xconveys to A, B and C for the use of X). This way if X died the feudal burdens ofwardship and marriage did not apply to Xs children since X did not own the land (i. e. was not the legally fared tenant). A, B and C were the legally recognized tenantsand it was they who owed the feudal burdens.If A died, however, As children did notbecome wards of the Lord because the rights in the land passed to B and C by right ofsurvivorship. b. To Avoid the Feudal Requirement of Forfeiture for Treason or Escheat for Felony Feudal land law required that the rights to land be forfeit for treason or wouldescheat to the Lord if the tenant commited a felony. This could be avoided by theemployment of the use since once X conveyed the property to others for the use of X, Xwould no longer be the legal owner (or tenant).Thus commition of treason or a felonycould not result in forfeiture or escheat since X had no property to forfeit. X, however, could still enjoy the profits or use of the land by vi rtue of the device of the use. c. To Avoid Creditors The use also allowed one to avoid creditors. X would convey to A, B and C to theuse of X. If creditors sought to claim the rights to the land as an asset of X, Xs simpleanswer was that the rights to the land did not belong to X. This was facilitated in theearly days not only by courts of aw not recognizing the use that by the fact thatChancellor also did not, in those early days, recognize the use. Thus X had no legal titlethat the creditors could seize and also had no equitable title that the creditors could claim. d. To loading Testamentary Dispositions of Land Courts of law held early on that one could not, on ones death, make a gift of landby testamentary garbage disposal. This was avoided by conveying the property during ones animateness to another for the use of oneself and then, on death, to the use of those to whom onewished to make a gift.In other words, X would convey the property to A for the use of Xduring Xs life a nd then to the use of Y. 7 3. Non-recognition in Courts of Law or byt the Chancellor The use was not recognized in courts of law. Initially it was also not recognizedby the Chancellor. Thus there was no legal mechanism for enforcing uses. It was largelya matter of honour and one had to rely on other mechanisms of enforcement quite a thanan order for damages from a court of law. On the other hand, it was the non-recognitionof the use in courts of law that gave it some of its advantages.For instance, theavoidance of creditors or feudal burdens depended on the law not recognizing the cestuique use as having any right or title to property enforceable in a court of law (or even anequitable interest recognized in the Court of Equity). 4. Subsequent intelligence by Chancellor This reluctance of courts of law to enforce uses led to appeals to the King toenforce the use. Appeals to the King were made on the basis that the King was theresidual source of justice. The King could provide justi ce where the courts wereunwilling to (or unable to because the complaint did not fall within the recognized formsof action).Initially the Chancellor did not recognize the use and, with an increasingnumber of complaints against faithless trustees, the Chancellor began to recognize usesby about the beginning of the 15th century (in 1420). The Chancellor would make anorder against the feoffee to uses (trustee) to comply with the obligations they had agreedto in favour of the cestui que use (donee). For example, if A conveyed land to B forthe use of C but B retained the profits of the land to himself C could complain to theChancellor.The Chancellor would call upon B to explain why he had kept the profitsand if he had no good explanation then he would be ordered to restore the profits to C(i. e. , what we would now call the remedy of accounting). The right of the cestui queuse was against the feoffee to uses and thus a personal (or in personam right) but later itwas held that these bene ficial rights could be enforced against third parties other than abona fide purchaser without notice and thus the right of the beneficiary came to lookmore like a proprietary (or in rem) right. 5. Later Statute of Uses to Prevent UsesThe recognition of the use by the Chancellor led to an increased employment ofthe use. The employment of the use to avoid feudal burdens led to a reduction in thefeudal rights to Lords, most notably to the ultimate Lord, the King. There was also theconcern that rights created through the use could be created without writtendocumentation (i. e. , orally or by an oral direction to the foeffee to uses). The Kingsresponse was to urge Parliament to pass the Statute of Uses in 1535. This statuteprovided that the person in whose favour the use was made became the legal owner of therights to the land.In other words, prior to the Statute of Uses when X conveyed to A for the use ofB, A was the legal owner of the land but it was to be used for the benefit of B. Af ter theStatute of Uses when X conveyed to A for the use of B the conveyance to A was ignored 8 and the whole expression was hardened as a conveyance directly to B. Thus B became thelegal owner. So lets go back to the employment of the use by X to avoid the feudal burdens ofwardship and marriage. X conveys to A, B and C for the use of X. This conveyance onlyoperated to convey property from X to himself and thus was no conveyance at all.Inother words, X could no longer avoid feudal burdens by the employment of the use. Xstill had the legal title to the land in spite of the purported conveyance. 6. Ways Around the Statute of Uses As suggested above, the use had a number of advantages. Not surprisinglyattempts were made to recapture its benefits despite the Statute of Uses. It was not longbefore creative ways were found to avoid the effect of the statute. Of the techniques ofavoiding the Statute of Uses perhaps the most important was the employment of a useupon a use.The use upon a use was effected by conveying A to B for the use of C in trust forD or A unto and to the use of B in trust for C. In the first wording the Statute of Usesoperated to make C the legal owner of the land. But C held the land in trust for D. Courts of law did not recognize the second use (or trust) since it was inharmonious to the usegranted to C Tyrrels case (1557), 73 E. R. 336. Initially Courts of Chancery alsorefused to recognize the second use. Courts of Chancery, however,later came torecognize the second use in Sambach v.Dalston (1634), 21 E. R. 164. The effect of this was that the use was restored to its pre Statute of Uses statesimply by the addition of a few words in the form of conveyance. 7. The Statute of Wills One of the advantages of the use was to effect a testamentary disposition of rightsin land. With the enactment of the Statute of Uses, and before the recognition of the useupon a use, the use could no longer be employed to effect a testamentary disposition ofproperty. T he apparent abolition of the testamentary employment of the use was not wellreceived.It led to a rebellion which resulted in the Statute of Wills in 1540 whichpermitted a person make a testamentary disposition of property. 9 C. Development of Equity and Trusts After 1550 From Conscience toEquity Objective Briefly describe the development of Equity and trusts from 1550 to 1700. 1. Growing Popularity of Courts of Equity and Conflict with Courts of Law The early simplicity of procedure in Chancery courts made them popular. Thenumber of matters brought before the court of chancery in the 16 th century grew significantly. This led to competitor between Chancery and common law courts.Judges in common law courts did not like the common injunctions issued by Chancerycourts. In Finch v. Throgmorton in 1598 3 Bulstr. 118 the hardness of commoninjunctions was referred to all the judges of England and were pronounced by them to beinvalid. Lord Chancellor Ellesmere continued to issue common in junctions. Lord Coke,who became chief justice of the Court of Kings Bench in 1613, criticized commoninjunctions claiming that the tendency of courts of equity to re-examine common lawjudgments and to issue orders against the enforcement of common law judgments tendedto subvert the common law.In Heath v. Ridley in 1614 2 Cro. 335 Lord Coke broughtthe issue to a head when he refused to accept a common injunction issued by LordEllesmere. The King ruled in favour of Lord Ellesmere and Lord Coke was laterdismissed from office. 2. Courts of Equity Survive the Civil War and Removal of the Monarchy After the English Civil War in the 1640s and 1650s Parliament voted in favour ofthe abolition of the court of chancery (in part because of its close association with themonarchy) but the House could not agree on legislation to transfer chancery jurisdictionto the common law courts.Thus the court of chancery survived through to the restorationof the monarchy. 3. Seventeenth Century Developments Equity as a Body of substantive Law By the late 17th century the role of Chancery was expanding with control overwardship and the development of fiduciary guardianship, the equity of redemption, andassignment of choses in action. In other words, the court of chancery was developing itsown substantive law. The court was applying equity as a body of substantive law ithad developed and was less the court of conscience it had been in the past.Many developments in equity came to be reflected in the common law itself oftenthrough legislation (e. g. Statute of Wills), but sometimes by common law courtsborrowing concepts from equity. The development of reporting of Chancery decisionsafter 1660 contributed to the development of a body of principles of equity. By the endof the 17th century the court of chancery had developed concepts such as the equity ofredemption and the assignment of choses in action. 10 The way the trust was being used was also changing.By the late 17th century thetrust was being used not just to hold property but to manage property by giving trusteeswide powers to manage the property, improve it, mortgage land, pay off debts, provideincome for widows and dependants, educate children, etc. D. Equity and Trusts, 1700-1900 Disaffection, Reform and FusionObjective Briefly describe the development of Equity and trusts from 1700 to 1900. There were developments of equity in the 18th century. Equity was the mainsource of protection of copyrights and trademarks since these could be protected throughthe equitable remedy of injunction. Equity was becoming more and more a body ofsubstantive law rather than just a collection of equitable maxims. The 18 th century also saw the development of of the business trust in part inresponse to the Bubble Act of 1720 that had prohibited an early precursor to thecorporation referred to as a joint stock company (which was in reality a large partnership). Trusts in the 18 th century increasingly took the form of a fund o f investments, such asstocks and bonds, that the trustee would administer for the benefit of others rather thanbeing used primarily for the holding of land.However, growing procedural complexity caused the court of chancery to becomeincreasingly slow and inefficient resulting in a reduction in cases. The Chancellor dealtwith all cases directly. Proceedings were done by way of written interrogatives followedby written depositions in response. Copies were made for all parties and werehandwritten by law writers. Fees were paid instead of salaries which gave personsinvolved an inducing to prolong proceedings. The slow process was remarked on by aToronto lawyer (Skivington Connor) in 1845 concerning the process of the court ofchancery in Ontario at the time, Thats the business I like, the yard slow and dignified, the pay handsome, and agentlemanly understanding among practitioners to make it handsomer. There was some response to the slow pace of the court of chancery prior to the enact mentof the Judicature Act of 1873. In 1813 a vice-chancellor was appointed. A Court ofAppeal in Chancery was created in 1851 and the Court of Chancery was given powers touse juries to try facts. Similarly in the 19 th century common law courts were given powers to grant injunctions and admit equitable defences.Thus there was somemovement toward fusion of courts of law and courts of equity. Eventually the Court ofChancery was abolished in 1873 and the common law courts took over the administrationof both the common law and equity. 11 III. HISTORICAL DEVELOPMENT OF EQUITY IN CANADA Objectives Be able to briefly trace the history of the wield of equitable jurisdiction in the Atlanticprovinces, Ontario, Quebec, the West and the North. The reception of equity jurisdiction in Canada varied from province to province inthe eastern provinces.The timing of the settlement in and creation of most of the westernprovinces was in the latter part of the 19 th century when the merging of courts of law and courts of equity was already being considered in England. A. Atlantic Provinces In Nova Scotia the Governor, as Keeper of the Great Seal, exercised equityjurisdiction (as early as 1751 when the first bill in equity was filed). This approach wasextended to Prince Edward Island and immature Brunswick when these colonies were created(in1769 and 1784 valueively). In Nova Scotia matters were decided on the advice of acouncil until 1764.In 1764 three Masters in Chancery were appointed to assist theGovernor. Initially these Masters in Chancery were not legally trained but by later in the19th century legally trained masters of the rolls were appointed in Nova Scotia, NewBrunswick and Prince Edward Island. The merging of law and equity jurisdiction occurred in New Brunswick and NovaScotia well before the enactment of the Judicature Act in England in 1873. In NewBrunswick in 1854 and in Nova Scotia in 1855 the position of master of the rolls wasabolished and equity jurisdiction was transferred to the Supreme Court.The merging ofcourts of law and courts of equity in Prince Edward Island did not occur until 1974. Newfoundland did not follow the model of the Governor exercising equityjurisdiction. Instead equity jurisdiction was exercised by the Supreme Court and thispractice was later codified in 1825 (almost 50 years before the merging of courts of lawand courts of equity in England). 12 B. Ontario and Quebec Quebec Equity jurisdiction lasted only briefly in Quebec. From the Royal Proclamationof 1763 the Governor of Quebec sat as Chancellor until Quebec Act of 1774 restored thecivil law system to Quebec.Ontario Governors in Ontario, curiously, refused to exercise equity jurisdiction. It hasbeen suggested that this may have been due to pressure from lenders since without theexercise of equity jurisdiction there would be no equity of redemption in favour ofdebtors. Eventually pressure from debtors attach and a legislative form of equity ofredemption was adopted. The establishment of a Court of Chancery followed shortlyafterwards in 1837. This may have been in response to pressure from lenders again.Thelegislature having created a legislated equity of redemption for borrowers, the lendersmay have wanted to have the corresponding right of foreclosure which was also adevelopment of equity cutting off the right of redemption after a reasonable period oftime. The Ontario Court of Chancery was later absorbed into High Court of Ontario in1881. C. The West and North When courts were being established in the west and unification the move towardsunifying courts of law and equity was well advanced. Thus when courts were establishedin these jurisdictions they were given jurisdiction over both law and equity.It was,however, the practice in Manitoba and British Columbia to have divisions of the courtwith a division administering law and another division administering equity with theusual restrictions on courts of law not being able to give equitable re medies. Later thesedivisions were abolished (e. g. , in Manitoba in 1895). 13 IV. FUSION Objectives Be able to (i)Distinguish between procedural and substantive concepts of fusion. (ii) Provide an example of the potential practical effect of the distinction. (iii) Briefly discuss the current status of the debate over the fusion of law and equity.A. Procedural vs. Substantive Fusion What did the Judicature Act in England in 1873 do? Did it intermix the rulesapplied by courts of law and the rules applied by courts of equity into a adept body oflaw? Or did it simply allow for court proceedings to be started in one court that hadjurisdiction to apply rules of law and rules of equity without any formal merging of thetwo bodies of rules? In other words, did it provide for substantive fusion or proceduralfusion? Substantive fusion means that the rules of law and equity are merged into a singlebody of rules.Procedural fusion means that one can apply to a single court following asingle cou rt procedure and that court could administer both rules of law and rules ofequity and apply remedies of the sort that were formerly available in either a court of law(e. g. damages) or a court of equity (e. g. injunction, specific performance, accounting). The difference is often captured by the Ashburners Principles of Equity (London Butterworths, 1902) so-called fluvial metaphor The two streams of jurisdiction, though they run in the same channel, run side byside and do not mingle their waters.In that metaphor law and equity are sensed as two separate streams (courts) that cometogether (in one court). Ashburners statement using the fluvial metaphor says that thefusion was procedural only. In other words, the two streams came together but the watersof the two streams (rules of law and rules of equity) did not intermingle but ran side byside in the same channel (i. e. could be applied by the same court). In the metaphorsubstantive fusion is perceived as an intermingling of the wate r from the two streams intoa single integrated stream.The Judicature Acts dealt with some areas of conflict and provided a general rulethat where rules of law conflicted with rules of equity the rules of equity were to prevail. Cases Walsh v. Lonsdale (1882) United Scientific Holdings v. Burnley Council, 1978 A. C. 904 (H. L. ) 14 Fusion resulting in equity prevailing over common law or was it in fact common lawprevailing over equity LeMesurier v. Andrus (1986) Ont. C. A. B. An Example of the Practical Legal Effect Canson Enterprises Ltd. v. Boughton 1991 3 S. C. R. 534 In Canson Enterprises Ltd. . Boughtonthe plaintiff had purchased land and thenbuilt a warehouse on the land. The warehouse was severely damaged when thesupporting piles began to sink. The plaintiff successfully sued the engineers but theyturned out to be judgment proof. The plaintiff then sued its solicitor who had made asecret profit from the purchase of the land. They claimed that as a solicitor the solicitorowed them a fiduciary duty not to make a secret profit from a transaction in which thesolicitor was acting on behalf of the plaintiff as purchaser.That claim was based onprinciples developed by courts of equity which had long held solicitors to owe fiduciaryduties to their clients and had drawn on the fiduciary duty principles they had developedin the context of trustees in setting out the scope of a solicitors fiduciary duties. The defendant solicitor claimed that while he would be required in equity toaccount for the profit he had made he would not be liable for the damages to thewarehouse (which were much greater than the secret profit) because his secret profit didnot ause the loss to the plaintiff from the damage to the warehouse. The plaintiff arguedthat since the claim for fall in of fiduciary duty was a claim in equity principles such asremoteness, mitigation, and condition which were principles developed by courts of law,did not apply. In other words, the plaintiff was reflex ion that there was procedural fusiononly. If a claim was based on principles that had been developed in courts of equity thenthe applicable rules were only those drawn from developed by courts of equity not thosedeveloped by courts of law.C. The Current Status of the Fusion Debate A majority of the Supreme Court of Canada held that there was no real distinctionbetween damages in a common law claim and equitable compensation in a claim inequity and thus common law concepts of remoteness and causation could be used inassessing the remedy. In other words, they did not stick the solicitor with the fulldamages to the warehouse. Madam justice McLachlin, as she was then, felt that theresult could be reached on equitable principles with respect to equitable compensation.Neither the majority judgment nor the judgment of Madam Justice McLachlin make itclear whether law and equity were substantive fused or merely procedurally fused. Theyboth seemed to aroma that the application of common law principles and equitableprinciples in the particular case were consistent so their was no need to draw on commonlaw principles into an equitable claim. However, Madam Justice McLachlin did note thatwe may take wisdom from where we find it, and accept such insights offered by the lawof tort, in particular deceit, as may prove useful. It thus appears that where there is aconflict one the court will resolve it with broader policy considerations. 15One should thus be alert to the potential differences between rules of law andequity and how they may impact the result but also be ready to argue for a particularresult from a policy perspective (much as the plaintiffs did in Canson by arguing that toensure that fiduciaries are held to high good standards they should be strictly liable forall losses flowing from a breach of duty).

Sustainable road policy?

1. Introduction1.1.Definition and Description direct is a primary factor in environmental, companionable and economic development due to its connexion with aspects of accessibility levels, goods and peoples mobility. An investigation into the development of ecstasy necessitates implementing a regular formationatic efficient plan, which will look to improve the whole window pane system for the long term. Sustainable transport is strictly needed to change the quality of look for the violate. Consequently, sustainable transport is considered to be founded upon a set of coordinated instructions which aims to improve peoples mobility ground on the criteria of safety, social equality, minimum land part, recycling materials and lower mends on the environment (Marks, 2002).1.2. Versions1.2.1 putting green highway VisionThe way Agency (HA) suggested the version 2030 project in 2003. The important objective of this project is to enhance the mobility of goods and people in the UK over thirty years and to predict, mind and meet what the mobility needs in the emerging by considering leash scenarios spherical economy, sustainable lifestyle, and control and plan. Twelve plentys have been proposed from this process, each depending on the aforementioned scenarios with a particular day-dream behind each one. The car park highroad is one of these imagerys and indicates to an interactive future with progressed sustainable principles much(prenominal) as constructing sustainable tracks and operational maintenance finished using resources efficiently super acid materials application high usage of waste product recycling and the re-assessing of highway target codes, considering the implications of modality change. In addition to this, noise-impact reduction and keeping biodiversity are taken into account by means of using eco-environment designs (HA, 2003).1.2.2 Mobility VisionThe second is vision 2050 which was proposed by the World handicraft Co uncil for Sustainable exploitation in 2010. This vision imagines the sustainable future in a wider scope and attributes a longer period to make governance and business sustainable. This will be achieved by following a pathway which requires essential changes in lifestyle and policy. This pathway is supported by nine elements that link the present and the sustainable future in 2050. For instance, Mobility vision aims to improve the access provision universally for the insurance of safety and low impact mobility in order to make the best sustainable economy. In this context, to make reductions of the high volume of passage and the reading and communication technologies (ICT) it will use. Vehicle efficiency has amend through using innovative pertly engine room and the alternative pushing source, such as galvanisingity, resulting in a significant decrease in the adverse impacts on the environment. Moreover, the intelligent transportation system (ITS) provides active enforcement and comprehensive mobility management which surpasss to safety progression (WBCSD, 2009).1.2.3 Vision iiThese visions relate to walking and cycling in the UK in 2030. It aims to introduce cycling and walking as an eco-friendly mode for getting rid of the current negative transportation impacts by considering three sustainable visions. This also looks at the future through the concept of social building, by concentrating on five locations in the UK to imagine these impacts on a typical city. For example, a car-free, populace transport oriented future encourages the use of plentitude transport, walking and cycling, meaning a lower volume of cars which is the main mode currently utilize. The significant factors that share in this vision are exploitation sophisticated technology for cars design, electric cycles, improving walking path and bicycle lanes, and small electric modes for freightage goods. These will make a city have ameliorate sociability, a high level of safety, redu ce pollution and noise due to transport, and generate high accessibility (Tight et al., 2011).2. Discussion2.1. Addressing Sustainability Dimensions2.1.1 Green Highway VisionUndoubtedly, on that point are three important dimensions that should be concurrently taken into consideration within implementing whatsoever sustainable future transport system environment, social, and economic ( place Policy Advisory Services, 2010). The Green Highway vision considered the creation of sustainable environments through cut down noise nuisance, keeping biodiversity, recycling and using resources effectively. However there are other environmental aspects, such as land use and air pollution, which are not presented and impact on health more(prenominal) than noise. The social sustainable is presented in this vision but without clarifying how it will improve the transport sector and reduce its impacts on environment or cause an improvement in the community (Colantonio, 2007). Furthermore, the li fe quality enhancement results from the social sustainability (Polese and Stren, 2005). Moreover the lifestyle scenario encourages local communities to work together to achieve sustainability for life and to enhance life quality through improved technologies and lifestyle habituation that will reduce energy use and reliance on cars. The peoples tendency to choose sustainable areas to work and cognize is encouraged by taking land use plan into consideration (HA, 2003). Also the concept of road construction and maintenance operations with new innovational technique are viewed without indicating to its economic dimension. As well as these processes of road infrastructure, enhancements will promote the economy through revenues from tolls and taxes (Marks, 2002).2.1.2. Mobility VisionComprehensively depending on the exploitation of advanced technology is the main principle of the mobility vision practicability. The environmental sustainable dimension is favourably addressed in this vi sion through implementing different measures, such as reducing environment impacts road congestion accidents in terms of (number and cost). This will lead to a decrease in greenhouse gases and improving traffic by applying wakeless Transportation System (ITS). Furthermore, the economic sustainable dimension is directly addressed through a concern with active transport accessibility which can enhance peoples mobility. This also includes goods freightage, inventing new vehicles, efficient alternative fuels, such as biofuels, high-efficient fuel aircraft, providing interactive transport infrastructure and new transportation means. Overall, this vision vastly considers most economic aspects. However, because of the high cost of biofuel production due to its dependence on feedstock, such as sugarcane, ethanol can be better for use in a commercial viability (Kojima and Johnson, 2006). However, new transport costs are considered as an important target in the transport sustainability, but it is not obviously addressed (Schwaab and Thielmann, 2001).The social sustainable dimension is also addressed in this vision through the provision of equal mobility for all safer road ne devilrks and change magnitude accident numbers close to zero (zero vision) cooperation between transportation companies with other relevant agencies incorporation of the socio-economic environment with integration transport system (ITS) (WBCSD, 2009). However, the usefulness of non-motorised modes, such as cycling and walking, that improve social community and the environment are not mentioned (Tight et al., 2011). The poor class contribution is also not addressed in this vision, which is considered a key element in the social sustainability dimension.The vision addressed the environmental sustainable dimension through the efforts to reduce noise and greenhouse gases. This was achieved through the use of sophisticated transportation technology such as alternative electrical energy vehicles and su perior aerodynamic vehicle quality improvement. However, the addressing of biodiversity and land use impacts are neglected. Nevertheless, the manufacture process of electric cars can also impact adversely on the environment due to the fact that the battery is constructed from harmful materials and uses fogey fuels for its power (Anair and Mah visual modalityani, 2012). According to Calle et al. (2012) the use of biofuels can impact negatively on the environment because it increases greenhouse waivers in other ways, such as non-carbon aircraft emissions and the feedstock production process. Furthermore, this could lead to a potential increase in the price of alimentstuffs due to this process using a greater amount of land to produce biojetfuel (Tietenberg, 2000).2.1.3. Vision TwoThis vision for walking and cycling concentrated on urban areas. The economic dimension is clearly addressed so that it considers the enhancement of mobility through improving mass transport, increasing fr eightage transport efficiency, and constructing separate routes for both bicycles and pedestrians. This also includes supporting and encouraging commercial markets to provide pedestrian electronic tools, and electric-powered bikes and vans. Despite the benefit to kinds health and fitness, walking and cycling causes a significant reduction in travel and congestion costs which leads to an increase in productivity by reducing wastage time. Additionally, a massive reduction in road accident costs can be noticed by allocating dedicated routes for pedestrian and bicycles, based on a reduction in conflict points between bicycles, pedestrians and cars each conflict point is responsible of the occurrence of a crash in any time and, thus, economic improvement (BCBC, 2009).Social sustainability is vastly addressed in this vision. These will be achieved by applying the equality principle, social consolidation enhancement, public health promotion, and providing high social insurance within tha t future city which is espoused by this vision. However, it provides the typical social environment inclusion of required needs such as a higher socialised, better communicated, polite and cooperative people which is associated with highest safety levels and health quality. This also suggests roads which have lower car use, dedicate more space for children, and supply all required facilities for walking and cycling. In addition to this is the use of advanced technology in traffic systems, such as autoloading(prenominal) vehicle speed reduction system (Tight et al., 2011).This vision addresses the environment dimension by making a reduction in air pollution which leads to a reduction in CO2 emission as well as less transportation noise due to low car use and a greater dependence on walking and cycling. This also includes less land use, the use of eco-friendly cars and imposing strong car use restrictions. As well as this, the walking and cycling and other non-motorized modes are def ined as environmental modes due to their compatibility with clean air and that they generate no noise pollution (COUNCIL, 2007).2.2. Transport problems Area2.2.1. Developing CountriesAccording to Gwilliam (2003), underdeveloped countries differ from developed countries with respect to of transportation. These differences are characterised by faster population growth, fast urban growth, car ownership, traffic congestion, environmental problems, and road accident and gage issues. Movement problems added to the lack of road ne twainrk quality and traffic management make it very difficult to compare and examine. The Green Highway and Vision Two for walking and cycling were placed to the UK situation to address the majority of the above-mentioned issues with a high efficiency, although it cannot be applied in the exploitation countries with the same efficiency. However, the holistic approach to improving overall transport has appeared as a global vision and can address the mobility of urban areas in developing countries. In this vision, the cities are categorized to four kinds, for instance, for addressing finance issues it suggests the participating of both private and public sectors.2.2.2 Climate ChangeThe greenhouse emissions which are from transportation sectors are estimated slightly 24% globally, and it will increase 2.1% annually (Wright and Fulton, 2005). The CO2 emission was separately estimated to be about 22% in 2012 and was recognized as a main cause of mood change (IEA, 2012). However, addressing climate change can be seen in all three visions in different approaches, but vision two is the more effective because of its preference of the non-motorised modes such as walking, cycling and using eco-friendly mass transportation modes. The Green Highway vision aims to adopt the highway design code with the impacts of climate change instead of carbon cutting. Furthermore, the Mobility vision tends to reduce future greenhouse gas emission depending on the technology use with the heraldic bearing of all transport modes.2.2.3. Equity, social impacts and inclusionThe equity is considered to be a significant aspect due to its extensive influence by any transportation planning decision. However, it can be more effectively addressed through vision two, rather than other visions, because it is focused on increasing the concept of social sustainability (BCDC, 2009). Moreover, public transport accessibility, cycling and walking is crucial to make society more active, but in the mobility vision the economic improvement is taken into consideration depending on the sophisticated transportation mode technology. In addition to this, the equity improvement can be achieved by providing equal mobility.2.2.4. Resource use, waste and global pollutionResource use is a potential option in vision two through low car use as well as greater dependence on walking and cycling. In turn this makes a significant reduction in the usage and use of resources, s uch as car manufacturing or business materials, and this leads to the reduction of waste resulting from scrap. However, the Green Highway vision addresses this issue through the high efficiency resources consumption and full attention to recycling concept application. Moreover, the Mobility vision encourages aircrafts and vehicles markets to depend on alternative fuel and ob serving that this may lead to an increase in resource consumption, such as compound materials which are used in the aircraft manufacturing. However, the potential for recycling carbon fibre has been was found (Job, 2010). Conversely, other modes need mass use of resources as well as the technological advancement, and ultimately, global pollution is inevitable.2.2.5. BiodiversityThe Green Highway vision concerns the addressing of biodiversity conservation through constructing of wild movement green bridges and tunnels, and water ponds. However, the Mobility vision has an adverse impact on biodiversity due to its dependence on using the largest land area to provide biojetfuel as an alternative future energy (Kojima and Johnson, 2006). Furthermore, biodiversity has not been influenced by the vision two for concentration on improving road network infrastructure in urban areas.2.2.6. Energy SecurityAccording to DECC (2012), the transport sector contributed about 38% of total energy consumption in 2011. The Green Highway vision can impact positively in the reduction of energy consumption to some extent through focusing on road infrastructure improvement and implementing recycling materials interns to reduce energy consumption by implementing recycling and minimizing the road distance. However, in the Mobility vision, the energy security is addressed efficiently by introducing alternative fuels such as biofuel to replace fossil fuel which leads to energy security effectively (Kojima and Johnson, 2006). In the scope of foodstuffs and climate change, decreasing it seems not compatible and the incr easing desire and the biofuels wide spread will pose a risk to food security and climate change (Field et al., 2008). Additionally, in vision two the focus on walking and cycling as well as lower car use plays a significant social function in energy security moreover, the aircraft and electric bicycle manufacturing require energy.2.2.7. SafetySafety is an issue that is directly think to public life. However, this issue has not been considered in the Green Highway vision. Nevertheless, the safety is addressed in vision two through the use of alternative biofuels which are characterised by low carbon emission as well as zero vision which address safety through reducing the accidents number to close to zero. Furthermore, safety is addressed more efficiently through the use of technology that reduces vehicle speed automatically and allocates segregated lanes for pedestrians and cyclists.2.2.8. Landscape and heritageThe Green Highway vision damages landscape and heritage because of th eir adversely influence on the transportation infrastructure improvement process (Seiler, 2001). Though, in the Mobility vision the largest land use is to provide the requiring energy and may adversely impact the landscape. However, in vision two, improving the transportation infrastructure is based on the existing reality therefore it does not impact on the landscape.2.2.9. NoiseThe Green Highway vision addresses noise through the use of noise parapets and a defeatist road surface. However, the Mobility vision addresses noise reduction through the use electric vehicles, intercrossed vehicles and aircraft with superior aerodynamics deployment. Furthermore, vision two contributes to the reduction of noise through low car use, walking and cycling and using electric modes.2.2.10. Air pollutionThe Green Highway vision addresses air pollution to some degree, but not directly. However, the Mobility vision addresses this issue interactively through low carbon emission from transportation , using electric vehicles, hybrids, eco-friendly ships and aircrafts. In addition to this, it is significantly addressed by vision two through low car use, depending on walking and cycling.2.2.11. Severance and pedestrian issuesThe Green Highway vision does not address severance and pedestrian safety. However, there is full attention given to public safety in the Mobility vision through pollution reduction and low carbon mobility. Moreover, vision two addresses this issue more effectively through improving pedestrian and cyclists mobility by allocating separate lanes for their movement and low car use.2.3. Feasibility, global transportation issues, barriers2.3.1. Green Highway VisionUndoubtedly, the Green Highway vision introduces an eco-design to be applied to enhance the transportation infrastructure, but it is not active to the high degree of addressing all sustainable dimensions. Good road quality brings more car use which causes environment deterioration. However, the role of a dvanced technology in the road performance improvement is also not considered in this vision. For example, using connected vehicles which provide the driver with all information about weather, traffic volume, road, and alerting in case the existence of problems as well as electric priority lane that charges moving vehicles automatically (Krick, 2011). In addition to this, a number of Green Highway projects with additional principles to the environmental aspect are applied in some countries such as Sweden and Norway. Consequently, until 2030 the military capability of this vision will expire and will not be feasible.2.3.2 Mobility VisionDue to the presence of some features, this vision seems infeasible. However, it relies on incorporating advanced technology in transportation modes which causes a significant reduction in greenhouse emissions and requires a multi-energy source to improve the environment dimension. Moreover, the encouraging travel, car ownership, results in urbanisati on, increasing congestion, increasing resource consumption and land take. Furthermore, greater battery energy consumption results in pollution in the stations and reduces the importance of eco-friendly car use. Nevertheless, technology is considered as a barrier in front of relevant authorities to decide on other dimensions (Banister, 2005). However biofuel seems inefficient due to its expected adverse impacts on the security of food and the hydrogen energy cost is estimated to be four times as much as current fuel (ibid, 2005). Albeit, due to dealing with sustainability dimensions lopsidedly as well as developing countries drawbacks in terms of their understanding and point of view towards sustainability concept countries issues, this shows unfeasibility of the vision.2.3.3. Vision TwoThere is an intensive relationship between urban transportation and its impacts on the environment due to it being directly related to life quality. The main target of vision two is life quality impr ovement through car use avoidance, in contrast to walking and cycling prominent. Currently, the car is a common travel mode, and the average distance travelled in a car has risen by 75% between 1980 and 2008 (DfT, 2009). Accordingly, to achieve a reduction in car use is very difficult and there are a lot of barriers because it relates to the citizens freedoms. Therefore it is not easy to accept and to digest such a step and to give-up car ownership. However, the contradiction and non-cooperation between the institutions related to the case and difficulties in legal measures application would be another significant barrier (Banister, 2005). Moreover, causing scandalous damage to car manufacture would only serve to increase the rate of people without jobs as well as the walking and cycling leads to space strictures, and cities extension because of long distance and the lack of network quality, with rough weather. Even though there is potential to dispose of these barriers by using t echnological means and strictly roads policies applying, this vision seems more efficient and relevant than others foregoing the drawbacks, due to its compatibility to improve the tree mentioned sustainability dimensions in cities and towns.ReferencesAnair, D., & Mahmassani, A. (2012) State of charge electric vehicles global warming emissions and fuel-cost savings across the United States. Union of refer Scientists Report. Online www. ucsusa. org/assets/ documents/clean_vehicles/electric-carglobal-warming-emissions-report. pdf. Accessed November 22nd 2013Banister, D. (2005) Unsustainable transport City transport in the new century. 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(2007) Walking and Cycling Strategy. online http//www.hume.vic.gov.au/files/82cb922e-849b-432b-b4d1-9e0e00afba15/CW225WalkingandCyclingStrategy.pdf Accessed November 26th 2013DECC (2012) Overall energy consumption in the UK since 1970. Department of Energy and Climate Change. URN government issue 12D/289. online www.decc.gov.uk//decc//energy-consumption/2324-overall-ener Accessed November 26th 2013.DfT (2009) Transport trends. London Department for Transport. online http//webarchi ve.nationalarchives.gov.uk/20100406130654/dft.gov.uk/pgr/statistics/datatablespublications/trends/current/ Accessed November 24th 2013.Field, C. B. Campbell, E. and Lobell, D. B. (2008) Biomass energy the scale of the potential resource. Trends in Ecology & Evolution, Volume 23, Issue 2, 65-72. online http//www.sciencedirect.com/science/ oblige/pii/S0169534708000098 Accessed November 30th 2012.Gwilliam, K. 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Dynamics of the Refugee Movement During and After the Partition

Several themes dupe been identified in the film Khamosh Pani, completely speaking ab issue the auberge and politics of Pakistan and the influence of the partition on the two. The concept goes from discussing the refugee presences to Zias Islamization and the ghostlike intolerance to position of women in our culture. In my paper, Ill be talking mostly about the dynamics of the refugee movement during and after 1947.India was divided up on the 14th and 15th of August, 1947 into the s all overeign states of the union of India (latter republic of India) and the dominion of Pakistan (latter renamed as Islamic body politic of Pakistan and Peoples Republic of Bangladesh). The partition was broadcasted in the Indian Independence act 1947 and resulted in the dissolution of the British Indian Empire. Punjab was divided into two, the west side for Punjab of Pakistan and the eastern side for Punjab of India.The major districts affected were jallunder, Gurdespur and Hoslipur. Sadly the c itizenry of this range k in the altogether not until almost the last minute whether they were to put as part of India or Pakistan. Apart from this, Bengal country was divided into East Pakistan (Bangladesh after 1971), far from the rest of the country (West Pakistan). The Partition resulted in the relocation of about eight million Muslims, and some what the same numbers of Sikhs and Hindus, across the Indo-Pakistan borders in the in 1947.This has been recorded as the largest refugee movement of the 20th century, and was accompanied by communal violence and atrocities committed on all sides of the religious spectrum, with a death toll calculated at approximately 1 million. People were moving from east Punjab to west Punjab and vice versa, west Bengal to east and people from the mainland India, United Province /Central Province/Delhi generally migrated to urban area of Pakistan especially Karachi and Hyderabad. Over all some 14 million people left(p) everything behind and set out to move across the recently formed border by train, bus, lorry, darn arts and foot, all to seek refuge with their own kind. Many were slaughtered by the opposing side, numerous starved or exhausted to death. Also, a large number of those who made it across died from diseases like epidemic cholera dysentery. People were left behind as well, families were broken apart. This is shown in Khamosh Pani too. The refugees had to face many problems, this accounts for both sides of the border. Their problems passel mainly be classified into social, economical and emotional/psychological. Social problems are normally that of adjusting with the new terminology and new culture.However, in this case, although communication and culture may not have been the major problem, there were some other social problems such as having to leave their community and neighbours, people with such strong family ties from centuries. The social faulting was so huge, in India they lived in villages, in mohal lahs, in cities within net cohesive societies. And then overture to a new land, trying to embrace it and hoping to be embraced back by it. When they came here, they had to disperse all over Pakistan where ever they could settle or get their hold over property.Secondly the economic problems meant having to leave all their assets/ property/ belongings behind when they shifted to the new area. They had no shelter, no food, and no money. Although some land was dispense on proof of property possession in India but most people did not have property documents. This also links with the administrative problem that the system and the governing body faced because of these refugees. It had nothing to consume them the country itself was just learning to stand on its own feet.There was massive insecurity and threat. The property it had, it wanted to pump into defence for the long term interest and safekeeping of the country. However, the already residing Muslims wel hangd them and backed the m up, the government put up relief camps for the refugee wellbeing but this too only mean further movement and disarticulation for them. Still with no business, no job, no property, the lifetime of the refugees took a new start from scratch. Thirdly, the refugees were over come with stress, mental exhaustion and psychological denial.Having to leave their assets behind and struggling for life in a new piece of land was one thing these people had seen so much blood shed that is was roughly impossible to continue life in its normal state. The thought your loved ones killed, slaughtered, shot, burned gives one the chills, and these people had to witness such horror through their own eyes. The opposing side killed mercilessly. They looted. They molested and captured and killed females. Such images arent good forgotten and stories still run in many families of the hardships faced by our ancestors.Relatives left behind had it worse, and their families lived in the trauma of knowing thei r loved was alive and there was no way of getting to them, as shown in the film Khamosh Pani. The difficulties these refugees faced no doubt caused incurable pain and discomfort. But did they get an advantage out of all this? Did they and their generations live better now then had they not migrated? Certainly yes. The migration to a Muslim native land opened doors for opportunities they would have never seen otherwise.Same goes for the Sikh and Hindus that migrated to the east. They got a better economic environment, new jobs, and new business. Many got better properties. In united India, very few Muslims could get good jobs and favourable livelihood, payable to the British favourism towards the Hindus/non Muslims. The new civil sector, government sector, the military, proper colleges and universities, all opened up new branches to life for these refugees. They could now enjoy a life that would otherwise not have been possible for many decades to come.

Forrest Gump Review Essay

The terce movie we watched was, Forrest Gump. Tom Hanks plays the main character, a simple man called Forrest Gump. The story is told through his innocent eyes, and we gossip just how crazy the world really is. His best virtuoso, Jenny, is played by Robin Wright and Forrests beat is played by Sally Field.There are a few themes to be found in this movie, the main ones beingness, love, death and war. You advise find love in the movie between Forrest and Jenny being best friends, and how Forrest took care and looked after Jenny in her time of need. Also there is a toilsome love between Forrest and his mother, and how she took care of him when he was younger and how later he took care of her when she was sick.Finally you backside find love between Forrest and his new friend, Bubba that he meets along his journey, and how close they are and the plans they make. Death can be found in a few places in the movie, being it his mother, his wife, or his best friend we fulfill how Forres t overcomes these deaths and how innocent he is when it comes to death itself. The third theme, war, is found when Forrest finds himself working for the army in Vietnam. We tick off here that he sees the world as a crazy place and even though he is seen as simple, he sees that fighting isnt the only way to solve things.This movie shows that no social function how simple people see you to be, you still know the difference between right and wrong. Forrest sees the world in a more innocent and sweet way, and as the movie goes on people start to see the world the way he does and start to understand him a little bit more.