Pet Wonderland Services (PWS) Essay

Introduction to the organization Pet Wonderland Services (PWS) is a new business in pets industry. PWS first shop was at Shah Alam section 13. Although there are several pets shop in Shah Alam, PWS wil brings new services to the animal lovers communities as. Vision To serve the best quality, friendly and effective service and fulfill customer satisfaction. Mission To be one of the top pet shop that brings the most high quality and effective services in the Malaysia. â€Å"Your pets is our responsible too† Objective The main objective of this service is to ease community that they would not have to bring their pet to our shop but we will go to their house and give the services that they wanted to. In our services, we only provide the best pets product and we will consult with the owner about their pets first so that we can use an appropriate an suitable pet’s product to their pets. We want to deliver a quality services so that customer will believe in us. We are not just gaining profit, we are also gaining trust to our customer and love to the animal.

Annotated Bibliography on Teen Pregnancy

Annotated Bibliography on Teen Pregnancy B. T HCS/465 October 23, 2011 Annotated Bibliography on Teen Pregnancy Clinical Digest. (2009). Aggression is a predictor of rapid repeat teen pregnancy: pubertal onset age and conflict management key considerations in prevention strategies. Nursing Standard, 23(24), [16]. Retrieved from http://www. cinahl. com/cgi-bin/refsvc? jid= 530&accno=2010217733 This article provides data from actual interviews with teens that have has rapid repeat pregnancies within 24 months of the last pregnancy experienced and those individuals who did not. The study shows significant differences in aggression behaviors and how recognizing these behaviors early on could help prevent teen rapid repeat pregnancies in the future. This is a peer-reviewed article and was researched by clicking the peer-review box during the search process. Kelly, L. , Sheeder, J. , & Stevens-Simon, C. (2004). Teen Home Pregnancy Test Takers: more Worried or more wishful? Pediatrics, 113(3 Part 1), 581-584. Retrieved from http:// www. cinahl. com/cgi-bin/refsvc? jid=783&accno=2005077833 This article provides insight from a study of teens that used home pregnancy Tests. Were these individuals more concerned with contraception mishaps? or the affects that child rearing would have on their futures? The study included 340 individuals who were racially and ethnically diverse who were sought out because of visiting three different teen clinics for various reasons. The reasons included pregnancy testing, sexually transmitted disease testing, obtaining contraceptives and general health visits. This is a peer-reviewed article and was researched by clicking the peer-review box during the search process. McKay, A. , & Barrett, M. 2010). Trends in teen pregnancy rates from 1996-2006: a comparison of Canada, Sweden, U. S. A. , and England/Wales. Canadian Journal of Human Sexuality, 19(1-2), 43-52. Retrieved from http://www. cinahl. com/cgi-bin/refsvc? jid=1558&accno= 2010691048 This article provides statistical data concerning teen pregnancy and abortion rates covering a ten year time period. Research concerning teen pregnancy and abortion is important t o understanding socioeconomic factors and trends in teen sexual and reproductive health. Trends have decreased in teen pregnancy meaning ither a stronger support system for teens to encourage control over sexual activity is available or there is an increase in contraceptive usage. This is a peer- reviewed article and was found by clicking the peer-review box during the search process. Medoff, M. (2010). The Impact of State Abortion Policies on Teen Pregnancy Rates. Social Indicators Research, 97(2), 177-189. Retrieved from http://dx. doi. org. ezproxy. apollolibrary. com/10. 1007/s11205-009-9495-9 This article provides research from state-level data for the years of 1982, 1992, nd 2000 concerning teen pregnancy rates, abortion rates, and new laws and policies affecting the pricing of abortions and how these new laws and policies are deterring unwanted pregnancies. This is a peer-reviewed article and was found by clicking the peer-review box during the search process. Monahan, D. J. (2002). Teen pregnancy prevention outcomes: Implications for social work practice. Families in Society, 83(4), 431-431-439. Retrieved from http://search. proquest. com/docview/230165951? accountid=35812 This article provides detailed information concerning study group demographics, nowledge and dating behaviors, and adolescent attitudes and how these details affect teen pregnancy and intervention programs. Are prevention programs helping decrease the amount of teen pregnancy seen each year? What are these programs offering teens to help them make more beneficial life choices? This is a peer-reviewed article and was found by clicking the peer-review box during the search process. Sen, B. (2003). Can Beer Taxes Affect Teen Pregnancy? Evidence Based on Teen Abortion Rates and Birth Rates. Southern Economic Journal, 70(2), 328-343. Retrieved from http://www. utc. du/Outreach/SouthernEconomicAssociation/southern-economic- journal. html Data from the years of 1985, 1988, 1992, and 1996 we re used in this interesting article on beer taxes and teen pregnancy and how they are related. The article provided statistical data showing that higher tax rates on beer have shown to negatively affect teen pregnancy and abortion rates. This is a peer-reviewed article and was found by clicking the peer-review box during the search process. Witte, K. (1997). Preventing teen pregnancy through persuasive communications: Realities, Myths and the hard-fact truths. Journal of Community Health, 22(2), 137-137-54. Retrieved from http://search. proquest. com/docview/224047307? accountid=35812 This article provides interesting data concerning the use of pregnancy prevention campaigns and what they communicate to teens and adolescents. Campaigns according to the study should provide more negative and hard-fact truths to communicate teen pregnancy, sexual activity, and abortion in order to help combat future teen pregnancy and abortion rates. This is a peer-reviewed article and was found by clicking the peer-review box during the search process.

America Must Drill for Oil in the Arctic National Wildlife Refuge

America has to drill oil in the Arctic National Wildlife Sanctuary Drilling oil in the arctic wildlife sanctuary is a very controversial topic. On the other hand, although There are people who want to drilling oil in order to help our economy, on the other hand, environmental protection advocates and Alaska Natives do not want to destroy their land. Our economy needs help; oil prices continue to rise, natural gas prices reach a record level, and the US is too dependent on foreign trade. Alaska drilling oil will solve these problems. In the United States, for the Arctic Wildlife Refuge (ANWR) You will need to carry out oil drilling drug addicts, is the best solution for the drug addicts, it is to make to slowly withdraw the drug. At the same time America can see dependence on oil. The United States, reduce slowly overwhelming dependence on foreign oil, in order to help find another process of large-scale energy, we need a different oil sources. - The Arctic Circle is a paradise of sno w with diverse species and beautiful scenery. Also, it is caused by oil of 13% to 25% of undiscovered crude worldwide, about 90 billion barrels average on average (Gerkens, 2014). In particular, Alaska is one of the largest oil sources in the United States. It is believed to be more than 411.2 billion barrels of oil and 132 trillion cubic feet of natural gas under barren land and ice water. Oil drilling the United States in Alaska Wildlife Refuge is located in the northern part of northern Alaska, boasts 19 million acres of wide, rejected the oil business plan, is necessary to protect the Arctic Wildlife Refuge forever Yes. . National Wildlife System Arctic evacuation centers have always been considered an unparalleled place of natural beauty and ecologically important. It is a controversial topic to establish an Arctic shelter and protect the offshore oil wells as oil leaks may cause huge damage to the environment. In countries where oil can be extracted from the ocean, in addition to reducing dependence on external oils, economic benefits can be gained. Offshore drilling is a major benefit for these countries, but there is no conflict, but the environmental impact of the outflow affects the economic well-being of neighboring residents. Drilling oil from the Alaska Arctic National Wildlife Sanctuary (ANWR) is a serious problem for environmentalists and the future of the United States. Whether Arctic National Wildlife Sanctuary should start oil extraction. In this article I will explain whether to allow oil extraction to the Arctic National Wildlife Reserve. This also shows the environmental impact and I will present a critical analysis of the current excavation problem. - Preparation of the feasibility study of Kansas central protuberance for the intended use in a random decision tree analysis of a new drilling program. Operating Company Texas Midland Note - A brief description of the TTU Seal in the background My Master Project Includes Kansas Central Propen sity Exploration Program Feasibility Study

History of Christian Thought Review Questions Coursework

History of Christian Thought Review Questions - Coursework Example ht the Alamanni (Germanic tribes) off guard and decimated their army of 30,000 capturing their king Chnodomar and killing 6,000 of his troops; 2) was proclaimed Augustus after being hoisted, Germanic fashion on a shield; 4) was designated as the new emperor by Constantius, who struck down, probably with malaria, died at the age of 44 in Cilicia. 14. Julian 2) that all tax collectors be reminded that after five years’ work they could be challenged to answer complaints of fraud; 4) hoped to establish a pagan priesthood of high moral integrity and exemplary standing. 16. Julian made a concerted effort 2) to leave Christians alone but to prefer pagans for official appointments; 3) to show how social neglect had aided the Christian triumph; 6) to restore the temple in Jerusalem 24. Ambrose of Milan 1) was consecrated as Bishop after he had been baptized and rushed through various ecclesiastical grades in 8 days; 4) molded Western Christian liturgy and hymnody in the direction of congregational life; 5) aimed at bringing prominent Illyrian bishops to trial for heresy before their fellow bishops and thus strike a decisive blow at Arian Christianity in the West. 3.Theodosuis: Since in the summer of 390, the inhabitants of Thessalonica rioted and killed one of his officers, he had the citizens invited to the amphitheater ostensibly for a special show, but then had them all massacred. 1.Ambrose: As the most influential cleric in the West in his time, he and not the Pope did more for the overthrow of Afrianism and paganism and for establishing the superiority of the Church over the State than anyone else. 28. Basil, the Great 1) was one of the venerable exemplars of orthodox doctrine and the ascetic way of life; 3) was strongly anti-subordinationist and remained an opponent of Sabellianism; 4) regarded the Pope as â€Å"stuck-up and haughty, seated somewhere up above and on that account unable to hear those on the ground, who were telling the truth.† 5. Augustine 3)

Law,Ethicsand globaisation Essay Example | Topics and Well Written Essays - 2500 words

Law,Ethicsand globaisation - Essay Example corollary to that, because a prosperous economic life could only be attained if a society embarks upon productive ventures if it is free from the risk of loss, from adverse consequence of unforeseen incidents that, with foresight and preparation, could be averted. Economic progress comes only with confidence in the future. It is for this reason that governments in progressive countries cannot afford not to plan for a comprehensive and effective fire and safety program to address the risks posed by fire and other hazards. The concentrations of people and property within a geographical area makes the consequences of a disaster, whether man-made or natural, more severe than it otherwise should have been. It is for this reason that this study shall examine the UK and UAE efforts at improved fire and rescue capability. The law on fire service implemented in the United Kingdom is embodied in the Regulatory Reform (Fire Safety) Order 2005, which applies to all non-domestic premises with a few, specific, exemptions. The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) supersedes the Fire Precautions Act of 1971, in effect replacing, among other things, fire certification with a general duty to ensure, as far as is reasonably practicable, the safety of employees from the hazards and dangers of fire. In relation to non-employees, the duty of the premises’ owner is to take such fire precautions as may be reasonably required, given the circumstances, to ascertain their safety within the premises. Furthermore, it is the duty of such owners to carry out a fire risk assessment. The novelty of the reform is that it draws together more than 100 pieces of separate legislation in force at the time. As stated earlier, it abolishes fire safety certificates for non-domestic premises, in effect transferring the burden of responsibility onto a â€Å"responsible person†, such as an employer, a building owner, occupier, or whoever has a contractual responsibility for fire

Argumentative Paragraph For Mr. Green Assignment - 1

Argumentative Paragraph For Mr. Green - Assignment Example While performing a ritualistic practice, her father says, "You are a girl," he said. "So its not possible for you to do it alone. Only the males can oversee the worship of his ancestors." (Butler) This is his response when the narrator tells him, "Dont worry, Grandfather, I will always say prayers for you and make offerings for you, even if Im a Catholic." (Butler) Her grandfather’s stand on the subject proves to be traumatic for her. His belief, the product of a traditional Vietnamese upbringing, is a pointer to the women’s role as inferior to men. He doesn’t say it in a voice of condemnation. But his internal irritation is clearly evident when he states that it is impossible for a girl to take on a boy’s job that gives the narrator a clear hint that her status is inferior as compared to that of a male progeny. The author describes her inner feelings, in response to her father’s insinuation, and mental state of feeling helpless on a situation over which she has no control. The word â€Å"impossible† is often used against her, which pierces her tender feelings like an arrow. He puts the seal of his displeasure when he tells the narrator that women are useless by stating that women are â€Å"foolish† when they engage in conversation on topics without any substance. But her position is one girl versus the tradition-bound Vietnamese society. The comfort zone for a woman is the kitchen, according to the grandfather, and he directs her to assist her mother. This confirms his stand borne out of the traditional Vietnamese upbringing that women are for performing household duties and keep the menfolk satisfied. Even when he is counting his final days, the grandfather is unable to change his views and he expresses displeasure about the position of the family not having a male child. It is a great blow the personal identity and self-respect of the narrator and she feels saddened. The parents fail in their role to encourage females

Project Task-List Essay Example | Topics and Well Written Essays - 500 words - 2

Project Task-List - Essay Example Additionally, the project aims at the creation of a supportive environment and relevant training materials for the training to be conducted. The scope of the project is limited to the organization of the meeting as well as the arrangement and preparation for the travel and accommodation of the people to attend from the various regions. Of course, this involves the process of sourcing for the necessary resources to facilitate the training. The preparation for the meeting requires the decision on the offsite venue and the accessible locations for accommodating the people attending the meeting. The tasks involved in the project are broken down into subtasks in a work breakdown structure to integrate the timing of the project tasks and the available resources. This is shown in the chart presented in table 1 below. Most of the resources in this project are in monetary terms. With the exception of the stationery and the public address system, all other resources required for project demands availability of funds. The approximated values of find requirement are presented in the work breakdown structure in table 1 above. The deliverables required out of the project include a sound training plan for the offsite workshop, indicated or measured by the number of topics prepared and the marks scored by the people attending the meeting in the evaluation. The second deliverable is a report of attendance showing the number of people who attended the training, the accommodations available and the utilized facilities. The final deliverable expected out of this project is the summary of the project plan, showing a descriptive statistics of the resources required, time consumption and starting date of every

Team Analysis of Competing Values Framework Coursework

Team Analysis of Competing Values Framework - Coursework Example Every member of the team depicts effective both at personal and organizational levels. Every quadrant is represented by the values. Control is highly represented in the quadrant. Most of the team members embrace control, which involves doing things right. Create follows the control character, which involves doing things first. Besides doing things rightful, the team members embrace characters of innovation. Compete is the third dominant managerial characteristic of the team members. Competition implies undertaking managerial duties fast and at the desired pace. The least represented in the framework is collaborate. Collaboration demands togetherness when performing roles. Avoiding negative extremes in the team is a vital aspect of management. Ensuring people focus is a sure strategy to enhance effectiveness. People focus managers show compassion, are concerned and expressive. Authenticity is the second key factor to enhance effectiveness. An authentic manager is reflective, mindful, and principled. Practicality is the third important character for an effective manager. Practicality involves being factual, realistic and

Media Response Paper Research Example | Topics and Well Written Essays - 750 words

Media Response - Research Paper Example Human behavior is the integral aspect of life since it regulates social interaction with others and determines his or her belief thereby making one unique from another. In relation to the mass media effects, there is the fact that mass media creates public opinion. Mass media perform a number of function key among which is agenda setting. Under this, a trending topic in the mass media immediately becomes a topical issue on every street. Additionally, the media has the ability to influence the opinion of its audience on the topical issues in the public domain. This makes the media the most powerful tool for spreading propaganda thereby intensifying the societal animosities. In his article, Said believes the Western media misrepresent Islam and Muslims. He also postulates that the media has established regulators who determine the media content and the western media has highly opinionated regulators who negate the faith through the spread of propaganda and hate media content. This has succeeded in developing a universal negative opinion against both the Islamic faith and Islamic countries (Said 42). He finds a way of arguing his facts but then he also has to understand that a book is particularly one of the most effective media and the ideas in his book. This includes shaping attitudes towards or against the western media especially in the Islamic society. To analyze his claims more effectively, on March 25, 2013 the New York Times ran a news story titled the U.S concedes control, almost, on Afghan prisoners. In this story, the journalist reports the fact that the United States military is slowly but steadily relinquishing the control of the country to the Afghanistans. One of the key steps towards that was the return of the Afghan prisons to the Afghanistan government. The reporter tries to remain integral in his report of the story articulating his facts clearly and corroborating most of his claims. Most of the prisoners are terrorists who had attempted or take n part in evident terrorist attacks. The journalist avoids the mention of Islam and does not refer to some of the world’s most notorious terrorist prisoners as Muslims, even though they are, but points them out as terrorist who had endangered the lives of many people who are both American and Afghans (Rod and Alissa 1). The story is sensitive since Said in his book claims that the western media has succeeded in labeling Muslims as terrorists. This story is published in a western newspaper and talks about an Islamic state and the terrorist activities in the country. The journalist who seems aware of such claims avoids associating the story to Islam in any way and concentrates only on the fact that the United States government had decided to give back the control of the country to the natives of the land. The journalist points out the weak institutions in the country such as the lacking prison services not in a manner that discredits the country but because the fact is of publi c interest. Terrorism is an international threat and some of the criminals in the story had served sentences at the Guantanamo bay and therefore require the most effective and sophisticated security system to restrain them from interacting with the society once again. It, thus, is in the public interest to know the fate and future of the prisoners especially now that the

Discuss How the Passage Contributes to the Portrayl of Faustus as a Tragic Hero Essay Example for Free

Discuss How the Passage Contributes to the Portrayl of Faustus as a Tragic Hero Essay Discuss how the passage contributes to the portrayal of Faustus as a tragic hero, paying particular attention to Marlowe’s use of language. Marlowe uses language in the passage from Act Five, Scene One to portray Faustus as a tragic hero, his use of the techniques; enjambment, metaphors and rhythm show this portray. Marlowe uses enjambement to show Faustus as a tragic hero because he now regrets his choice to sell his soul this is shown in line 86-87, ‘whose sweet embracing may extinguish clean these thoughts that do dissuade me from my vow’ although Marlowe has written these as an attempt to blackmail Mephistopheles, the use of enjambement makes the line sound rushed which makes it sound more like a desperate plea thus showing how much Faustus regrets his decision, since this is near the end of the play this is suggesting that Faustus fears eternal suffering rather than actual remorse. Faustus asks for Helen to come to him to be his ‘paramour’ this suggests that Faustus is using his sexual desire in order to ‘shut out the truth that he cannot face’ again showing his fears of eternal suffering this shows Faustus as a tragic hero because he now regrets selling his soul to Lucifer and he can do nothing to stop his fate. Marlowe uses metaphors in order to show Faustus as a tragic hero as he shows Faustus’s desire to win back his soul even though he will not prevail. In line 95, ‘her lips suck forth my soul. See where it flies! shows Faustus desire to be free as flying is used as a connotation for freedom however the line also foreshadows the ending of the play as he is dragged in to hell, showing that Faustus is a tragic hero as he desires control over his soul again but will not be triumphant. The line 102-103 ‘yea I will wound Achilles in the heel and then return to Helen for a kiss’ is a metaphor used to show Faust us’s desire to win in the battle with Lucifer. Marlowe uses Achilles who had one weakness to show Faustus’s struggle and his desire to regain control of his soul in order to avoid eternal suffering thus depicting Faustus as a tragic hero. Marlowe uses rhythm of the play to show how quickly Faustus’s fate approaches him. In lines 98-99 Marlowe uses the image of a fast paced war to show Faustus will not win the battle for his soul ‘I will be Paris, and for love thee instead of Troy shall Wittenberg be sacked’ Faustus compares himself to Paris who was defeated in the battle of Troy, this foreshadows the ending of the play as it is Faustus who loses the battle for his conscience as it is now too late to repent. Marlowe also uses enjambement in this line to show the fast paced rhythm the way one line tumbles into the next shows time speeding up showing Faustus as a tragic hero. Marlowe uses certain techniques in language in order to portray Faustus as a tragic hero as he cannot change his fate even though he wishes to through enjambement, metaphors and rhythm.

Remedial and Institutional Constructive Trusts

Remedial and Institutional Constructive Trusts Title: The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p399. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. INTRODUCTION A definition of a trust, reflected in case law, suggests that a person with responsibility for property has an obligation in accordance with principles of equity to exhibit beneficence[1] towards any beneficiaries, any of whom might enforce this obligation[2]. The concept of the constructive trust is not overwhelmingly supported, with Hayton categorising it â€Å"â€Å"a fiction which provides a useful remedy when no remedy is available in contract or in tort†[3]. A constructive trust may be either institutional or remedial, although only institutional constructive trusts are acceptable practice in the UK at the present time. According to Halsbury â€Å"the remedial constructive trust†¦is not in reality a trust at all, but merely a remedial mechanism by which equity gives relief for fraud’[4]. The distinction between constructive trusts raise a number of issues that are of particular relevance when considering whether the law in England and Wales is likely to adopt the remedial system. It must be noted, however, that, whilst the importance of both proprietary estoppel[5] and Pallant v Morgan[6] equity are acknowledged as relevant to a discussion on constructive trusts, their applications are specific. Accordingly, due to constraints on space, their inclusion in this particular essay have been omitted[7]. DISCUSSION Whilst law in other jurisdictions needs to resort to such measures as the remedial system, law in the UK currently relies on the Statutes of Limitation[8], within which remedial constructive trusts may be considered to be related to the Limitation Act 1980[9]. The specific distinction between legal and equitable ownership originated through the historical significance of common law and the law of equity, as established through the Courts of Chancery. It is readily acknowledged that a correlation exists between constructive trusts and the doctrine of equity, with effect from the date in which circumstances dictated a need for such intervention, a factor noted in Westdeutsche Bank[10] by Browne-Wilkinson, LJ who observed that â€Å"A remedial constructive trust†¦Ã¢â‚¬ ¦is a judicial remedy giving rise to an enforceable equitable obligation†¦Ã¢â‚¬ [11] Institutional Constructive Trust There have been a number of significant cases heard, where the courts have ruled that institutional constructive trusts will prevail[12]. An institutional constructive trust might be invoked in such cases as domestic disputes involving property, breaches within a fiduciary relationship, contracts relating to sales of land, and certain situations relating to commercial insolvency. Case law established ‘in law and in equity that land could be the subject of ownership’[13], with a further recognition that ‘the person owning either type of estate has a right of property’ according to Lord Browne-Wilkinson[14], established through statute in the Law of Property Act 1925. Freehold land, or land held in fee simple, relates to land held in trust to the Crown, with the owners being beneficiaries, or trustees, or land that is held in cestuis que trust which is revealed as an equitable estate. The requirement for a formal record of equitable entitlement to the transfer of land in accordance with the Law of Property Act 1925 53 (2)[15] reveals a situation inconsistent with the ethos of remedial trusts. Shares in property can be transferred from the owner of a property to bestow the gift of beneficial ownership on another person through the conveyancing procedure of legal transfer by deed according to the Law of Property Act 1925, section 52 (1). Conversely, where full consideration has not been paid when land is transferred an inference of fact would result, as clarified in Subsection 60(3) of the Law of Property Act 1925. Remedial Constructive Trusts Pascoe[16] notes an apparent lack of consensus as to whether remedial constructive trusts are based on an enforcement of proprietary rights or to avoid unconscionable conduct, but suggests it ‘is imposed by equity regardless of actual or presumed agreement or intention’[17] in order for the courts to implement a measure of restitution[18]. Certain situations require a remedy within the law that is particularly suitable for a specific set of circumstances. This is determined at the discretion of the court and is realised in the imposition of a remedial constructive trust, characterised by the particular facet that no trust existed prior to the intervention of the court. An interesting development in the definition attached to constructive trusts was suggested in Barnes v Addy[19] in which Lord Selborne, LC introduced the distinction between a duty owed by directors and duty owed by ‘non-fiduciary strangers’, referring to this concept as ‘the two limbs o f Barnes v Addy’. More recently this referent has been recognised as ‘recipient liability’[20] and ‘accessory liability’[21]. Various jurisdictions around the world acknowledge a distinct emphasis between institutional constructive trusts and remedial constructive trusts, based on the common law precepts of unjust enrichment. The constructive trust would then be recognised as a means of restitution[22], a remedy available for the courts to resort to when other methods of restitution are inappropriate. Often considered synonymous with remedial constructive trusts is the case of Polly Peck International plc (in admin) (No 2)[23]. Referring to additional rights of restitution that might be accorded the plaintiff in respect of legitimate rights to property the Court of Appeal in England made reference to the decision in the Supreme Court in Canada[24]. Different Jurisdictions Amongst the different jurisdictions who habitually utilise the remedial approach, Australia[25] generally adheres to a traditional approach characterised by a link between claimant and the property at dispute, whilst acknowledging the distinction between recipient and accessory[26] liabilities. Accordingly, remedies might be applied ‘in personam’ rather than ‘in rem’. According to Fardell and Fulton[27], the constructive trust has become an important remedy within the courts in New Zealand, fully utilising the concept of remedial constructive trusts in any situation in which a defendant might have prejudiced a plaintiff’s claim to equity as a matter of principle[28]. This particular application of the remedial system has been criticised by the judiciary in Australia as they perceive it represents â€Å"a medium for the indulgence of idiosyncratic notions of justice and fairness†[29]. However, at the New Zealand Court of Appeal Tipping, J concur red with the Australian opinion, although using different reasoning[30]. There have, however, been instances whereby a more controversial approach has been taken, often utilised in the US[31] although, on occasion, in other jurisdictions such as New Zealand in the case of Re Liggett[32] based, as it was, on the decision in the US case of Chase Manhattan Bank. Since then, however, both the Privy Council[33] and the House of Lords[34] have overruled that decision[35]. The law relating to constructive trusts has recently changed in Canada following the Supreme Court’s ruling in the cases of Soulos v. Korkontzilas[36]. Prior to this, such cases as Pettkus v Bekker[37], Sorochan v Sorochan[38] and Rosenfeldt v Olson[39] were the definitive referents in relation to remedies imposed by the courts to prevent the perpetuation of injustices within the specific categories associated with benefiting through unjust enrichment[40]. The Supreme Court focused on the ethos of ‘good conscience’ in their decision when ruling on Soulos v. Korkontzilas[41] . They decided that constructive trusts needed to be imposed to maintain certain standards[42], with four conditions introduced, each of which must present if a constructive trust was to be implemented[43]. Subsequently, these conditions have been applied to all cases relating to constructive trusts heard in Canada’s Supreme Court. CONCLUSION It has been suggested that every resulting trust is realised through the transfer of property in a situation where benefit to the recipient was not the intended option, the consequence of which is a presumption of resulting trust. This significance is recognised in the doctrine of equity in terms of recognition of the terms of endowment. In the UK it is in this particular situation that the inherent importance between constructive and resulting trusts lie. Furthermore, it is this particular situation in which other jurisdictions more often introduce the doctrine of remedial trusts. It appears to be accepted by the majority of commentators that, for a resulting trust to be formed, actual assets must be present in terms of identifiable property, the remedy of which may be found in common law. Despite Millett LJ being of the opinion that the remedial approach is unlikely to take root in England[44], it has been acknowledged in the Court of Appeal[45], the Privy Council[46] and in the House of Lords[47], in obiter dicta, that a possibility might exist for the future incorporation of remedial constructive trusts into UK legislation. This controversy has, by no means been resolved and, at some point will undoubtedly become incorporated into UK legislation, either in its present format, or modified to enable â€Å"†¦an aggrieved party to obtain restitution†[48] through the correlation that exists between constructive trusts and the doctrine of equity which is represented through the concept of morality and obligations, with â€Å"the benefit of an obligation [being] so treated that it has come to look rather like a true proprietary right†[49]. Total Word Count [excluding footnotes and bibliography]: 1,496 words BIBLIOGRAPHY BOOKS: Cope, M (1992): Constructive Trusts. Sweet and Maxwell Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115 Underhill and Hayton (1995): Law of Trusts and Trustees [15th ed]. London: Butterworth: Page 1 Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 HALSBURY’S LAWS Available Online from: Butterworth’s Direct Search facilities. Access via Athens Gateway: http://www.butterworths.com/butterworths.asp Vol 16 (2000 Reissue) Para 1072 Vol 48 (2000 Reissue) Paras 401 – 403: former Court of Chancery Vol 48 (2000 Reissue) Para 501. Vol 48 (2000 Reissue) Para 592 ARTICLES: Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66. Available from: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. In 7 Bond Law Review 67. Available in: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Hayton, DJ (1985): Personal Accountability of Strangers as Constructive Trustees. 27 Malaya LR 313,314: Singapore Journal of Legal Studies. Access via ATHENS Gateway McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished. 110 LQR 509 513 Millett LJ (1998): Restitution and Constructive Trusts 114 LQR p. 399 O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust 30 MULR 735. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] ONLINE RESOURCES Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] TABLE OF CASES: Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR at 509, 575 Bannister v Bannister [1948] 2 All ER 133 Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA Barnes v Addy (1874) LR 9 Ch App 244 Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787; [2001] 1 WLR 112, CA Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371 Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1994] 3 WLR 199; [1998] 3 NZLR 171. Hussey v Palmer [1972] 3 All ER 70 (CA) Linter Group Ltd v Goldberg (1986) 160 CLR 371 Mabo v Queensland (No 2) [1992] 175 CLR 1, High Court of Australia Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA Muschinki v Dodds (1985) 160 CLR 583 at 614 Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951 Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA Pettkus v Bekker [1980] 19 RFL (2d) 165 Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 Re Goldcorp Exchange Ltd Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74; [1994] 3 WLR 199 and [1994] 2 All ER 606 PC Re Liggett v Kingston [1993] 1 NZLR 257 Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA Re Sharpe [1980] 1 WLR 219 Rosenfeldt v Olson 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). Sorochan v Sorochan [1986] 2 SCR 39 Soulos v Korkontzilas [1997] S.C.J. No. 52 Taylor v Davies [1920] AC 636, PC Tinsley v Milligan [1993] 3 WLR 126; [ 1994] 1 A.C. 340, 371 Westdeutsche Landesbank Girozentrale v. Islington London BC [ 1994] 4 All E.R. 890, 962, CA.; varied [ 1996] 2 All E.R. 961, HL; [ 1996] 2 All E.R. 961, 990, H.L; [1996] AC 669 at 714-415 1 Footnotes [1] See Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [2] This definition is paraphrased from Halsbury’s Laws, Vol. 48 (2000 Reissue) at para 501 who have based this definition on Underhill and Hayton ( ): Law of Trusts and Trustees [15th ed]: Page 1 [3] Hayton, DJ (1985) 27 Mal LR 313,314 [4] Halsbury’s Law, Vol 48 (2000 Reissue) Para 501 [5] Halsbury’s Laws, Vol 16 (Reissue) Para 1072 and Vol 48 at 592 [6] Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951. Halsbury’s Laws, Vol 48 at 593 [7] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA per Chadwick LJ: this case introduced the term Pallant v Morgan equity [8] In accordance with the former Court of Chancery, Halsbury’s Laws, Vol 48, Paras 401 – 403 ante [9] Halsbury’s Laws, Vol 48 (2000 Reissue) Para 501 cites a number of cases relating to this point: Halsbury quotes Taylor v Davies [1920] AC 636, PC; Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA; Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787, and [2001] 1 WLR 112, CA [10] Westdeutsche Bank Landesbank Gironsentrale v Islington London BC [1996] AC 669 at 714-415 per Lord Browne-Wilkinson [11] â€Å"Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which gave rise to it: the function of the court is to declare that such a trust has arisen in the past. The consequences that arise from such a trust having arisen (including the possibly unfair consequences to third parties who, in the interim, have received the trust property) are also determined by rules of law, not under discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court†. Ibid, Note 9 [12] Bannister v Bannister [1948] 2 All ER 133, Re Sharpe [1980] 1 WLR 219 and Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [13] Mabo v Queensland (No 2) [1992] per Deane and Gaudron JJ [14] Tinsley v Milligan (1994): â€Å"English law has one single law of property made up of legal and equitable interests† per Lord Browne-Wilkinson [15] Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 [16] Pascoe, Janine ( ): Remedial Constructive Trusts and Corporate Insolvency: An Australian Perspective. Senior Law Lecturer, Department of Business Law Taxation, Monash University, Australia. [17] Muschinki v Dodds (1985) 160 CLR 583 at 614 per Deane J. Also Cope, M (1992): Constructive Trusts [18] Pascoe quotes a number of references from Australian literature: O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust. 30 MULR 735; Also Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. 7 Bond Law Review 67; Also Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66; Also Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. [19] Barnes v Addy (1874) LR 9 Ch App 244 [20] See Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR per Gibson, J at 509; 575 [21] Known as constructive trustees. This relates to a personal liability to an accessory to fraud [22] McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished 110 LQR 509 [23] Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 [24] See Soulos v Korkontzilas [1997] S.C.J. No. 52 [25] Pacoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia [26] LinterGroup Ltd v Goldberg (1986) 160 CLR 371: Constructive trustee was Linter Group as plaintiff. Goldberg Furst were directors of Arnsberg Pty Ltd who breached fiduciary duty. Southwell, J granted Linter Group priority over other creditors in terms of equitable claims and Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371: this claim was rejected [27] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90 [28] See Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1998] 3 NZLR 171. See also: Re Goldcorp Exchange Ltd [1994] 3 WLR 199 as it represents opposing characteristics [29] Muschinski v Dodds (1985) 160 CLR 583 per Deane J [30] â€Å"the plaintiffs must be able to point to something which can be said to make it unconscionable—contrary to good conscience—for the secured creditors to rely on their rights a law†Fortex Group Ltd (in rec liq) v MacIntosh [1994] 3 WLR 199 per Tipping, J [31] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 [32] Re Liggett v Kingston [1993] 1 NZLR 257 [33] Re Goldcorp Exchange Ltd [1994] 3 WLR 199 [34] Westdeutsche Landesbank Girocentrale v Islington Borough Council [1996] AC 669 [35] Constraints of space preclude a more detailed investigation of any of the cases [36] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [37] [1980] 19 RFL (2d) 165 [38] [1986] 2 SCR 39 [39] 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). [40] â€Å"absence of any juristic reason† [41] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [42] â€Å"†¦a constructive trust may be imposed where good conscience so requires. I conclude that in Canada, under the broad umbrella of good conscience, constructive trusts are recognized both for wrongful acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation†: Soulos v. Korkontzilas [1997] S.C.J. No. 52, per Justice McLaughlin [43] Breach of an equitable obligation; assets still with defendant; plaintiff to present legitimate reason for recourse to courts; no third parties who might be unjustly penalised through a constructive trust [44] Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p. 399 [45] Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA; Also Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA [46] Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74 and [1994] 2 All ER 606 PC [47] Westdeutsche Landesbank Gironzentrale v Islington London Borough Council [1996] AC 669, and [1996] 2 All ER 961, HL [48] Hussey v Palmer [1972] 3 All ER 70 (CA) per Lord Denning [49] Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115