Equity as a Framework of Law. History of Equity Jurisprudence Essay

Equity as a Framework of Law. History of Equity Jurisprudence - Essay Example The author provides an intensive discussion of equity by placing the law within the wider context of the changes it has gone through throughout history. This book compares equity and modern law, which is relevant to this discussion, especially in considering the various conflicts, which are present. Dixon M, Contemporary Perspectives on Property, Equity, and Trusts Law (1st, Oxford University Press, Oxford 2007) Martin Dixon counters common perceptions about equity as an area of law that is static, continuing the argument presented by Scott Atkins in Equity and Trusts. The author sets out to demonstrate that equity is still vibrant and dynamic with case law and new legislation. Divided into two parts, the second portion of the book sees the author focus on conscience and natural justice with regards to equity and impact of equity law on various regulations in the UK. This book will aid in my discussions on the nature of equity and its conflict with law. Rahmatian A, Introduction: Lor d Kames and His Principles of Equity (3rd, Glasgow, University of Glasgow 2011) 42 This book is a work of applied legal philosophy with principled and logical jurisprudential discussion regarding the scenarios of legal conflicts and solutions that equity proposed. The author argues that equity allows for the development of abstract paradigms and mechanisms for legal solutions, which act to inspire real life solutions sans requirement to adhere slavishly to the model. According to the author, equity bridges the gap between the meticulous but exegetic lawyer and the creative but not meticulous philosopher. This will be used to discuss the nature of equity and its role in mediating legal conflicts that require more than just legal interpretation. Ahart A, 'A Stern Reminder That the...These precedents in law refer to the rules used by judges of common law to make decisions in legal disputes. Judges in the common law legal system are responsible for creating and/or refining laws. Common law is binding to any future decisions made by the court, although a court’s decisions can only bind future decisions in that specific jurisdiction. Equity refers to legal principles that follow in the traditions of English common Law in every jurisdiction and supplement potentially harsh application of strict rules of law, to achieve natural justice. This paper will seek to elaborate on the creation of the equity system and the reasoning behind it, as well as the nature of equity and its conflict with common law. Emergence of Equity as a System of Law Early English equity jurisprudence history shows a clear distinction from law. This distinction, however, has become blurred with time. Equity refers, generally, to correction of errors or defects present in the law. The concept of equity has apparent roots to Aristotle’s concept of equity as an exception to the rule, in which the pronouncement made by the lawgiver was erroneous and defective. A law could be deemed erroneous or defective for various reasons, including the need to avoid the possibility of administering injustice when deciding â€Å"hard cases†.

Business planning --Bakery Essay Example | Topics and Well Written Essays - 5000 words

Business planning --Bakery - Essay Example Marketing strategies and financial plans are also a part of this report. Forecast of profit and loss account, cash flows and balance sheet for three years is also provided in this report. Johnson Bakers is planning to start new business in London. There are two partners named Michael Johnson and Peter Johnson. Michael Johnson is expert in marketing the products and Peter has expertise in operational activities. They both decided to start new business with equal investment and with a profit sharing ratio of 1:1. The aim of the business is to provide bakery products and services overall London. It is the priority of the company to provide fresh and high quality to its customers. New business needs to promote its product in market as it is planning to manufacture bakery products that are available to all. Initially, the company is planning to introduce some of its key products like cakes, biscuits, coffee and bread. As this is a private partnership of two individuals, it is difficult to control the operations of the business. Peter is allowed to control the accounts and other operational activities of business. Mr. Michael will start its work from the beginning and will continue to work till the achievements of the objectives. Following are the objectives of the company: UK market is effective for providing hot beverages to the customers. The weather of the country remains cold over the year so the products are widely used in the country. London is a metropolitan city and the lovers of coffee are mostly available there. There are many bakery products available in the market that attracts the public of London. Variety of products is available in the market but Brand recognition proves to be vital for this type of business. It is necessary o analyse the market of UK so that strategies could be made to survive in the competitive market where there are large number of suppliers of the products. Marketing and

Togo Essay Example | Topics and Well Written Essays - 750 words

Togo - Essay Example The first elected president of Togo is Sylvanus Olympio on the elections of 1960 by beating Nicolas Grunitizky, the candidate supported by France. On January 13, 1963, the Olympio government is reversed by a military putsch organized by Nicolas Grunitizky and Etienne Gnassingb Eyadema then simple sergeant. After the assassination of Olympio, Grunitizky proclaims president. Its reign will be short, because in 1967 he is relieved by Gnassingb Eyadema who decided to seize power himself. His dictatorial attitude common to many African dirigants enables him to direct the country during 38 years he dies on February 5, 2005, which will enable him to dispute to Fidel Castro the title of "dictator longest in activity". The current president is the son of the former dictator Faure Gnassinbe, having taken the capacity after "elections". From an economic point of view Togo is one of the poorest countries of Africa. The situation could however have been different. The beginnings of the Eyadema reign of were lucky as well on the political than the economical point of view. It is unfortunately an economy made a long time of corruption, amateurism and improvisations. All the models were copied with more or less failure. From the "Chinese" economical plans, without any budgetary provision, to the Israeli co-operative plan, a common point characterizes all its stages: the absence of long-term prospect and ideological or theoretical bases. In 1967 the new port stimulated the economy, the extraction of phosphate had just been grinds and the modest industrialization still started by the first president seemed to succeed. The courses of the cocoa and the coffee were excellent. During 19 years Togo will know a certain stability period and even a relative prosperity because of very great phosphate resources (4th world producer, the resources are exploited by alien companies which pay a royalty to the Togolese government). However at the end of 1982, the country is in crisis and strongly involves in debt. President does not have other choices than respect the conditions of the experts of the International Monetary International Monetary Fund as well as the World Bank and France," The purse being empty". Alas as it is current in African countries, measurements are awkwardly applied with the result that the economic situation of the country is not improved on the contrary. The agricultural revolution for example starts by the president is by a failure, until our days Togo is still not self-sufficing in food goods. It is a result which however was foreseeable; it is indeed foolish to think that one can make pass directly to tractor a farmer who, all its life, ever uses hoe and machete without any preliminary formation. Hundreds of tractors were thus bought while the hangars where they would have being preserves had not been even built. The only positive point of this revolution was a considerable increase in the cotton production, from 1959 to 1989 the production increased: 2000 to 40000 tons. The industrialization or rather the attempt at industrialization of the country was quite as catastrophic. Until the phosphates boom of the country followed a careful course of industrialization which really succeeded, however later the president launched out in a series of useless and very expensive projects which

Response paper week 9 Essay Example | Topics and Well Written Essays - 500 words

Response paper week 9 - Essay Example The call for transparency requires companies to account for their environmental and social impacts (Natrass and Altomore, 1999). The questions addressed in john’s post help to tackle the topic adequately because they cover a lot about the topic. In their book, Green to Gold, Esty and Winston point out that companies can generate lasting value, minimize costs, reduce risks, and increase revenues if they engage in sustainable practices. Sustainability is best achieved by companies that embrace environmental responsibility, care for the triple bottom line, and improve their reputation. Esty and Winston emphasize on companies being responsible with regard to the environment in which they operate, that is, cleanliness and social well being. Natrass, Hawken and Altomore insist on the cyclic principle, that is, how waste can be recycled to avoid environmental pollution. Corporate accountability is well covered by Epstein (2008). I work St. Jude Medical Inc . where the employee of the week is rewarded for exceptional performance as a motivation towards strategy achievement. The company sponsors the best student of the year in the community for further studies. I like the way Soosai has addressed the role of employees who are not in the leadership position in pushing sustainability initiatives. Many constituents have a legitimate stake in company activities calling for a variety of interests and opinions required in developing sustainability strategies. A company’s long term value is largely influenced by the expertise and commitment of the employees. Since subordinates are part of drivers of sustainability performance, leaders can use feedback loops to evaluate and improve corporate strategies. Educated and trained individuals are better sensitized to sustainability issues. I do not agree with the referencing of Lovins and Hawken. In their book, Natural Capitalism, the authors assert that

The Luton Bank Case Essay Example | Topics and Well Written Essays - 1000 words

The Luton Bank Case - Essay Example In 1996 the bank appointed receivers in relation to the properties which were then sold over an 18 month period. The mortgagors complained that the properties had been sold at an undervalue and claimed that: 1) in some cases a far better price would have been obtained had the receivers or mortgagees first obtained planning permission for development. Planning permission had previously been sought but the receivers decided not to wait for it to be granted before selling; 2) in other cases a better price would have been obtained had possible leases of the vacant properties been completed before sale. (see MacKenzie and Phillips, 2008, pg 477). In deciding the case the Court of Appeal considered the duties owed by mortgagees in these circumstances. Several duties were highlighted, which will now be considered in turn. Firstly, a mortgagee in possession must take reasonable care of the premises (Downsview Nominees Ltd v First City Corporation Ltd (No.1) [1993] AC 295). Secondly, it must be remembered that a mortgagee is not a trustee of his powers. This means that the mortgagee may sell whenever he chooses and does not have to have regard to whether a different time may be more beneficial to the mortgagor (Raja v Austin Gray (a firm) [2002] EWCA Civ 1965). In this case, therefore, the bank does not need to wait until the property market has recovered before they can sell the property (Gray and Gray, 2007, pg 534. The mortgagee is also under no duty to improve the position of the property before selling, but may instead sell it ‘as is’.

How accounting affect stock price Essay Example | Topics and Well Written Essays - 500 words

How accounting affect stock price - Essay Example Unexpected good accounting performance has a significant effect on CEO’s pay for a short time. However, on long-term basis, the trend reverses, and the pay starts decreasing and thus the benefits accrued evens out. However, in the compensation using the stock price performance, a good stock price translates into increased CEO salary, which on the long-run maintains the rise. Accounting performance is arrived at by an aggregate evaluation of all the subunits of the firm. Acquiring all the required information in computing the aggregate departmental performance is a tedious exercise that takes quite a considerable amount of time. A poor performance in one department is likely to negatively affect the other entire firm. Thus, to ensure a high performance level, the CEO must focus on an increasing performance of all the departments of the firm. Accounting performance is very useful when issuing promotions to various departmental managers and supervisors. The best performing managers and supervisors, and the ones who have maintained an upward trend are awarded with promotions, but not the best method to use in determining a CEO’s compensation. A firm could register an upward growth for a number of years, but assume an upward diminishing growth. This phenomenon occurs when the firm achieves its maximum growth, where all resources are utilized to the optimum. At this point, the firm cannot grow anymore since all its resources are fully utilized. The growth thus becomes stagnant. A CEO who is compensated using this method will start receiving decreasing remuneration as the firm’s performance starts decreasing. In contrary to the accounting performance, the stock prices method does not reach a maximum growth level. A CEO who works hard to achieve growth of the firms’ stock prices has no limit to the level at which they can

The Advantages and Disadvantages of Mobile Phones Essay Example for Free

The Advantages and Disadvantages of Mobile Phones Essay Mobile phones are really very important in our lives that we cannot think a life without them. It is a long-range, portable electronic device used for mobile communication. Mobile phones are affordable, easy to use and comfortable. The mobile phones have become crucial part of our life. There are facts which prove this. They have replaced the wrist watches or the alarm clocks at home as we can see time in them wherever we are and also set alarms in them. †¢ When you are stressed you can listen to the music from in-built music player. You can also listen to the radio in these mobile phones. †¢ Various mobile phones come with high resolution megapixel cameras ranging from 1.3 to 8 megapixels. Mobile phones because of their varied multi-function capabilities have replaced many other devices. However Studies have shown mobile phone radiation does produce biological changes in humans – such as changes in brain temperature and activity as well as blood pressure changes. Also there is evidence indicating that microwave radiation from mobile phones may cause serious diseases and disturbances in the physiology. This includes an increased cancer risk and genetic damage, disturbed brain function and other effects. Moreover mobile phones while driving is a distraction that brings risk of road traffic accidents. In conclusion, I believe although there are disadvantages of using mobile phones the advantages are more. They have completely intruded in our lives and have made their own unique stand. Once it was considered as luxury is now the thing closest to our hearts.