Trustees Duties and Powers Essay Example | Topics and Well Written Essays - 2500 words

Trustees Duties and Powers - Essay Example â€Å"A Trust is an arrangement where one or more persons (the â€Å"Trustees†) hold property for another person or persons (the â€Å"Beneficiaries†). This relationship is governed primarily by the document creating the trust (the â€Å"Trust Deed†) and by legislation and case law. Legal ownership of Trust property is in the Trustees’ names but the beneficial interest belongs to the beneficiaries. The idea behind a Trust is the concept of duty. Trustees are under a duty to deal with the property in their hands in the interests of the beneficiaries. If they do not do so, they will be in breach of Trust and the beneficiaries may seek relief from the courts to ensure that the terms of the Trust are carried out.† Understanding from the above explanation, we find that a trust is an arrangement of one or more persons, who are known as the trustees. Over here, Sally is a trustee. A trustee arranges property, which may also be included as cash money, for the benefit of another person or persons, and those persons are known as beneficiaries. Therefore, from the understanding of the quoted text, we may figure out that under this circumstance, Harry and Caroline. The question is whether George may be included as a beneficiary for the 25,000 USD legacies. With regard to the first question, the trust which Sally had held for George is a secret trust. She has put the 25,000 on her own legacy as the money which is deemed to be distinguished from the main trust beneficial to her 2 children. There are many reasons why an individual might want to have a protective trust against the name of an outsider, however the purpose is to allow a certain sum of money as a safeguard in case of any misfortune or unfortunate event happening in the distribution of the trust. Since Bill is the executor of the will, it is on his discretion to award the legacy of the trust to George. The gift which Sally has given to George is a valid gift under the law of trust and therefore should be awarded to the beneficiary, which is George on the discretion of Bill himself. B) The second question is as follows: â€Å"Harry has, since Sally’s death, been made bankrupt. He asks for money from his trust fund to buy a house for himself Louise and George to live in. † As mentioned before, Harry is one of the main beneficiaries in the distribution of the trust. Even though his mother did not approve of his lifestyle and found him to be irresponsible to carry out the duties as beneficiary properly, there is no denying to the fact that he is indeed one of the beneficiaries and therefore has all the rights under the trust law to claim his stake in the property left by his mother. Understanding from the above statement, only the trustee has the power to assign where the trust is distributed, and the document of trust has the final binding nature with respect to the distribution of the trust property. Over here, Sally had assigned a protective trust to her son of an amount of 500,000 USD to be given to him, and the rest on RSCPA. â€Å"In order to understand a protective trust, it is first necessary to understand the purpose of its establishment. In contrast to an asset protection trust, which tends to be established with the interests of the settler (that is, the individual establishing the trust) in mind, a protective trus

Holistic care of patient with chronic obstrucive pulmonary disease Essay

Holistic care of patient with chronic obstrucive pulmonary disease - Essay Example noea associated with progressive obstruction of expiratory airflow secondary to chronic airways and lung parenchyma inflammation (Woodley and Whelan, 1992; Sutherland and Cherniack, 2004; Fibbri, et al., 2008). COPD, the term used to refer chronic bronchitis and emphysema, is one of the most common disorders in an adult lung (American Lung Association, 2009; National Lung Heart and Heart Blood Institute, 2009). Both chronic bronchitis and emphysema alike coexists; therefore, referred to by the physicians as COPD (American Lung Association, 2009). On the other hand, Barnes (2000) stated that COPD encompasses chronic obstructive bronchitis accompanied with small airway obstruction as well as emphysema with air space enlargement, destruction of parenchyma of the lung, loss of elasticity of the lung, and small airway closure. Chronic obstructive pulmonary disease, the leading cause of death in the western society, requires prevention and treatment improvement (Simpson and Rocker, 2008). Its because of the fact that traditional approaches of healthcare to COPD is focused only on the pathophysiology underlying the disease that aimed to treat and prevent acute exacerbations not knowing the psychological impact that instantaneously follows the physical decline are the powerful forces in shaping patients’ experience with COPD (Simpson and Rocker, 2008). In patients with advancing COPD, the dominant role and psychosocial impact on the quality of life requires one to think twice on efficient approach to effectively address the issue of care (Simpson and Rocker, 2008). In COPD, a holistic approach must be practised, and to achieve this, an individual nursing care plan of treatment must be carried out. These include lifestyle modification such as cessation of smoking, pulmonary status optimisation by means of pharmacotherapy and exercise as well as nutritional and metabolic intervention strategies (van der Valk, 2004). Around 600 million individuals are diagnosed with COPD

The Character of the Female Gender, as Related in The Glass Menagerie Essay

The Character of the Female Gender, as Related in The Glass Menagerie by Tennessee Williams - Essay Example The Wingfield's fire escape takes on the symbolism of one of the main themes of the play, escape. Amanda is a brave but dominant woman, trapped in the past and her youth as a Southern Belle. Laura is trapped by her shyness, fragile sensitivity and disability, her 'reality' centering around her glass collection and old records. Tom is a poet, trapped by a boring job in a shoe factory, and the responsibility of providing for his mother and sister. The other themes explored include illusion, failure and disappointment. Nobody really wins, no dreams come true. Summary of Marxist Analysis: Marxist socialism seeks a classless society where everyone is equal, or has equality of opportunity. Tom Wingfield reflects Williams' circumstances, through which he became socially aware, being surrounded by the poor, the low-paid workers, the unemployed, bohemian writers, poets, artists and radical activists. In Glass Menagerie, when setting Scene One for us, describing the location, Williams displays his socialist, Marxist beliefs, or at the least, his sympathy towards that philosophy. He says: Note how he has told us of the class level involved, and the emotive use of the words 'fundamentally enslaved' in connection with the family and its living conditions. In this respect, he is showing us his disgust that people should have to live this way, and subscribing to the Marxist ideal. Again, there is a connection to socialist values when he has Tom pay his dues to the Union of Merchant Seamen, rather than the electric bill - thus highlighting a belief in the unions and socialism, as opposed to capitalism. In speaking about the impending war, Williams puts into the mouth of Tim Wingfield, some further indication of the belief that people are not getting what they are entitled to out of life. Tom: "Hollywood characters are supposed to have all the adventures for everybody in America, while everybody in America sits in a darkened room and watches them have them! Yes, until there's a war. That's when adventure becomes available to the masses!....Then the people in the dark room come out of the dark room to have some adventure themselves-...." (Williams, 1936, Scene Six, p. 282) In using the word 'masses' the playwright makes us recall that this terminology is frequently associated with Marxism. As for coming out of the dark, it is symbolic, not just of Tom waking up to what he is being deprived of, but of all the people seemingly oppressed as he is. There is too, a cynical realization that in having 'adventure', those same masses will suffer. The play exposes, through Tom's narration, how that Capitalist dream has collapsed, it is an illusion. Williams is not unsympathetic, but in Tom's escape, is telling us that everybody deserves the opportunity

Lady Macbeth is the real driving force behind the murder of Duncan Essay

Lady Macbeth is the real driving force behind the murder of Duncan Discuss this statement and decide whether or not you agree (1000 words) - Essay Example He is praised and made to feel successful. Discovering that Macbeth is a kinsman to the King Duncan, the audience learns of his bravery and ability on the fields of battle, but they see nothing yet of base envy, or of any desire to rule the country. His loyalty and respect for Duncan are not put into question. But the encounter with the witches plants the seeds of ambition and arrogance. Macbeth is silent while Banquo answers the witches. His mind is at work, and in his heart is growing the seed of evil. Elements of treachery enter the scene, and delusions of grandeur infiltrate where before there were none. ‘If chance will have me king, why, chance may crown me, / Without my stir.’(Act I, Sc 3). Still, he does not exactly leave it to chance, even if he thinks he does not have to do much. He puts the whole thing in a letter to his wife. From the apparition on the heath, desire for power has entered the credulous thane’s spirit, like a curse cast on completion of a successful battle. All of a sudden, being a respected thane is not enough. Through the fateful flaw of being gullible, and believing tenuous predictions, Macbeth is spellbound. This gullibility leads him to ignore his formerly good conscience and become obsessed with gaining what he had previously not even considered for a moment to be rightfully his: ‘to be king / Stands not within the prospect of belief,’ (Act I, Sc 3). Bewitched, he ruminates repeatedly on the prospect of authority and power. The curse travels inside a letter from Macbeth to his wife, who reads it, entranced. She cannot wait for Macbeth to return, so she can persuade him not to be so timid: ‘Hie thee hither, / That I may pour my spirits in thine ear; / And chastise with the valour of my tongue / All that impedes thee from the golden round.’(Act I Sc 5). She knows that so far, her husband has proved himself to be a good man, and fears he might be too nice to share her

Summary and Critical Response Assignment Example | Topics and Well Written Essays - 750 words

Summary and Critical Response - Assignment Example Some skills are learnt in these workplaces, Etzioni claims, but they are often not a good example. Money earned in these jobs is spent by teens to support themselves, in poorer areas, or saved for a major item, but more often it is used to buy trend items, with little lasting value, according to Etzioni. He concludes the article by advising balance in activities for teenagers, so that the desire to earn money does not prevent a well-rounded educational process. (199 words) Critical Response to the article â€Å"Working at McDonald’s† by Amitai Etzioni Amitai Etzioni in the article â€Å"†Working at McDonald’s† examines the phenomenon of teen employment in the United States. The writer’s central claim is that the kind of employment that is offered to teens, and their widespread joining of such employment, is becoming a problem due to the inappropriate nature of the jobs they are able to get. At the outset, the writer acknowledges that very few scientific studies have been carried out to examine the nature of jobs at places such as fast-food outlets. This concession may strengthen the argument presented, because it suggests that the writer is going to persuade the reader with logical argument based on personal observations. A point of view is going to be proposed, for the audience to be convinced by. On the other hand, it may weaken the argument, in that not enough scientifically proven fact exists to strengthen what is being claimed. The latter is true. This article presents an almost entirely personal point-of-view, and generalizations so wide that the reader would have to question even the most simple of Etzioni’s claims. An important example of generalization is that there are more traditional teen jobs, which are much better for young people than current ones. The claim is that the traditional lemonade stands, which teach the value of entrepreneurship, and paper routes, to learn the skills of hard work and regu lar, good service fit into the American work ethic better than jobs currently(according to the writer). Not only is it a generalization to propose that every youngster in the past benefited from these â€Å"wholesome† jobs, it is also an appeal to the emotions of Americans, generally, in that the writer presumes that everyone believes that the old way of life in the USA was better than the current one. Other generalizations follow: that all teenagers with very few exceptions spend their money unwisely; that most fast-food outlets are poorly managed and do not allow for the employee to take initiative; that all teenagers’ school education is badly affected by part-time work. Added to these sweeping statements, the writer also appeals to the reader’s emotions, and exaggerates the actual conditions of work for teens. He uses negative terms such as â€Å"pot party† to describe these workplaces. Any parent would not be happy with the possibility that a childâ €™s place of work could be described in this way. Etzioni further proposes that the kind of work available to teenagers causes the continued poverty of sections of the American population: â€Å"

High School Life Essay Example for Free

High School Life Essay High school is a place where young teens learn to become mature and responsible. It is a place where students get trained to take on bigger challenges in life. Obstacles such as college. From my own personal experiences, high school didnt seem that way. Students were more concerned about getting a passing grade then about what they were taught. They would even cheat their way out of high school. This would prepare them for college. My freshman year of high school, I was in a totally different place and it seemed quite interesting and fascinating at first. As the year passed by, I started to notice the techniques students were using to pass classes. It was something I didnt see while I was in junior high school. Students were cheating on almost all the tests. They would bring little print-out cheat sheets to class to use on the tests. Hardly anyone got caught by the teacher. When students did get caught, all they would do is deny and usually the teacher would just let them get away with it. As Casey Banas wrote in Why Students Are Turned Off? I sometimes estimated that half to two-thirds of a class cheated on a given test, Glanz said. Worse, Ive encountered students who feel no remorse about cheating but are annoyed that a teacher has confronted them on their actions (Banas 659). Cheating seemed like the popular thing to do and if you didnt cheat you would be considered real foolish.. Everyone in the class knew what was going on and it was basically a whole class effort to cheat. Students would discuss what the answers were before taking the test and give each other opinions on how to cheat safely. When the test came back, every student in the class would have a real close score, but the teachers didnt seem to notice anything at all. Most of the students that go into a certain class usually wouldnt even know what went on even after the class has ended. As Casey Banas wrote: The teacher is convinced that the subject matter is worth knowing, but the student may not agree. Many students, Glanz said, are not convinced they need to know what teachers teach; but they believe good grades are needed to get into college†¦.(Banas 659) These kids could literally just sit there for forty-five minutes daydreaming. I find that many students feel the classes are extremely boring and is of no use to them in the future. I always used to ask myself Why do I need to know this stuff for?. When students feel this way, they dont do the work because they dont think they need it in life. When I used to go to high school, my whole class would get assignments and home works and about almost three-fourths of the class didnt do it. Instead they would wait until someone who was paying attention and did do the assignment to come along and let them copy the assignment. They would do it in way that the teacher wouldnt even know by slightly changing some words here and there. After that, that paper gets passed around the entire class to the students who didnt do the assignment and everyone would have a slightly different paper. This way all the students hand in the assignment and will get a passing grade, but did they even learn anything?. These techniques that were used in the high school that I attended did work and a lot of students graduated from high school using these techniques. I, myself, used these techniques and got through my freshman year. As time went on I found that high school was really boring so I decided to cut and eventually dropped-out of school. These students got good grades and did all the assignments, but the truth is, they didnt learn much at all. They can have a 85 average and get into a good college, but will they be prepared enough to survive college level work? I dont think so.

Cadbury History And Important Developments Marketing Essay

Cadbury History And Important Developments Marketing Essay The name of Cadbury in the domain of chocolates was first established in the year 1824, when John Cadbury opened a store in Birmingham, London, selling freshly made cocoa and drinking chocolate. Seeing the heavy demand and success of his shop, John Cadbury set up a factory to commercially produce his offerings. In 1861, sons of John Cadbury Richard and George Cadbury took over the control of the company and to save Cadbury from closing down, invested all their funds into a cocoa press. It offered an efficient processing technique, reducing wastage and eliminating use of additives, thereby making the product Absolutely Pure (Cadbury marketed it like this). In the later years, Cadbury realized that a lot of cocoa butter is left after processing cocoa and if it is combined with milk; milk chocolates can be made out of it. So, in 1905, Cadbury launched the Dairy Milk for the first time, which became one of the major chocolates to be sold and consumed around the world. In the same year, Cadbury commissioned its first logo and went ahead on the lines of making it a brand to continue for long. First Cadbury logo commissioned. A smooth and outreaching success of Cadbury received a heavy blow during the Second World War. Rationing was imposed and the manufacturers were prohibited from using fresh milk. Cadbury finally resorted to dried skimmed milk powder and marketed the product as Ration Chocolate. Cadburys Ration Chocolate. So as to expand its operations in other countries, on 19th July, 1948, Cadbury entered India as a private limited company as Cadbury-Fry (India) Private Limited. With the years, they started setting up manufacturing facilities in the country too. Company felt the need to cut costs while maintaining quality. It decided to source the milk and cocoa from India only and eventually undertook the project for development of cocoa and milk in India. This included establishing a special advisory board, research centres and tying up with Induri Farm Ltd., for betterment of cattle breeding for better milk yield. Seeing the growing demand for chocolates in India, Cadbury realized the market potential here. They converted themselves into a public limited company on 7th June, 1977 Cadbury India Pvt. Ltd. And then in 1984, Cadbury launched its legendary brand Dairy Milk in India. Little did they know at that time that this product will become the flag bearer of the company in India. Besides chocolates and cocoa, the company also tried its hands on other products like food drinks, ice-creams, confectionaries, apple juice and even exporting software. The company introduced a high-protein food drink Enriche in 1988. A year later, they introduced Dollops ice cream in strategic alliance with Unilever. Cadbury India expanded its offerings to Five-Star, Perk, Crackle, Gems, Bourneville, Temptations, Nutties, etc and currently has 70.07% of the chocolate market share in the country with Nestle India second in the lead. Out of this around 30% is captured by Cadburys Dairy Milk alone. Mergers and Acquisitions J.S. Fry and Sons Ltd. In 1919, Cadbury merged with Frys, the manufacturers of the first chocolate bar. They merged together to form the British Cocoa and Chocolate Company and became the manufacturers of popular chocolate brands like Countlines (a hit in US and Canada), Crunchie, Fudge and Picnic. Schweppes Cadbury went for a merger with the drinks giant Schweppes. This led to the formation of Cadbury Schweppes in 1969. This merged company went on to acquire top brands like Canada Dry, Snapple, Royal Crown, etc, to increase its world market share in drinks. http://upload.wikimedia.org/wikipedia/commons/thumb/b/b0/Cadbury_Schweppes.svg/161px-Cadbury_Schweppes.svg.png In 2003, Cadbury Schweppes took over the worlds second largest gum manufacturer, Adams and became the world leader in confectioneries. Due to such a wide scale of operations, it became difficult to manage all the verticals under one umbrella. So the company decided to split into two one focusing on the chocolates and confectioneries while other on the drinks business. This led to the demerger of the companies in 2007 to form Dr Pepper Snapple Group to handle the drinks business. Kraft Foods Inc. In January, 2010, Kraft Foods Inc took over Cadbury for  £11.5 billion and became the global confectionery leader. But due to lot of offerings by Kraft Foods it got split into two and Cadbury came under the newly formed company Mondelez International. Consumer Behaviour The consumer behaviour of the world population towards chocolates and confectionaries has seen a drastic change over the years. Initially, chocolates were too costly and selective that only the high-ups of the society could afford to consume it. They were more of a luxury and in England; chocolate boxes were gifted only on very special occasions. But today, from a delicacy, chocolates have become an everyday sweet. Cadbury recognizes it and endorses this belief by its Aaj meethe me kya hai campaigns, forming an image that Cadbury is for everyone, everyday. Also they have made the Cadbury chocolates, especially Dairy Milk, synonymous with the word meetha or sweet. They understand how Indians have a sweet tooth and the youth is moving away from the traditional sweets. To capture this market opportunity, they pushed strongly for campaigns like Kuch meetha ho jaye and offered festive packs like Celebrations to replace the traditional Indian sweets. Some other significant decisions taken by the company with respect to changing consumer behaviour: In 1987, Cadbury launched Wildlife Bar chocolate. For sale of every bar of it, the company contributed a portion to the wildlife fund. The company marketed itself as an environmentally-aware firm, and the people could relate to the cause and supported the company. With the idea of capturing the maximum of India Inc., Cadbury also entered the confectionery business by launching a sugar candy Googly. Such candies were easy to manufacture in bulk, convenient to distribute. Also, they were lowly priced and could be consumed by the all the sections of the Indian society, who either didnt have a taste for chocolate or couldnt afford it. To bring the chocolates and food drinks within the budget of the wide middle-class population of India, Cadbury went for LUP (Low Unit Packs) by introducing chocolates in small grammages. The youth had more affinity to chocolates and colas and wanted to be a part of the new trends. Cadbury made it simpler for them by the LPU offerings and was very effective in capitalizing on this changing consumer behaviour. Not only the youth, the company also targeted the adults especially mothers by introducing its famous food drink Bournvita in sachets. As a result, in the wake of changed consumer behaviour, where mothers preferred health-drinks for their children, Cadbury easily entered the homes of even middle class families, who couldnt afford large packs at a time. Over the years, the consumers have become more health and quality conscious and the companies cant be casual about such stricter consumer behaviour. A classic case when Cadbury erred was the Worms controversy. A batch of Dairy Milk chocolate was infested with worms. It lead to a huge controversy. People lost their trust in a quality conscious company like Cadbury and the consequences were loud and clear-Cadburys Diwali time sale of products dropped by a whopping 30%. The company bounced back by launching Operation Vishwas. They recalled all defective chocolate batches and even introduced double and plastic based packaging to ensure safety. They also roped in a reliable and trustworthy role model Amitabh Bachchan to invoke the lost trust of the people in the brand. Eventually, Cadbury was successful and is the market leader in the country. EMAMI GROUP The Emami Group came into existence when two ex-Birla Group executives Radhe Shyam Agarwal and Radhe Shyam Goenka, resigned from their jobs in 1974 to establish an ayurvedic medicine and cosmetic manufacturing unit in Kolkata. They named the company Kemco Chemicals. The founders had a strong belief that India being the land of Ayurveda, people here still had faith in the traditional medicinal system. And if it can be complemented with latest manufacturing techniques, it can be a huge commercial success. They made a risky decision of setting up their first factory in a sensitive area like Kolkata, where labour unrest, strikes and even cases of violence were common. But later, all turned out to be well. Realizing the size and potential the Indian middle class had, Emami targeted them initially and started off with a paltry sum of Rs 20,000.The distribution of the products under the Emami brand was initiated in West Bengal where the founders went to markets and retailers to market their products. Owing to the superior quality and competitive pricing of the products, as compared to other multinational products, the market and consumers easily accepted Emami. Slowly but steadily, efforts were put in to expand the distribution network in other eastern states. Soon, Emami went pan-India, where too it replicated its success as a trustworthy, reliable and traditional-yet modern brand. The basket of Emami products in the 1970s included standard and daily use products like Emami Talcum Powder, Vanishing Cream and Cold Cream. These were primarily focused at the fairer sex and were backed by strong marketing campaigns on radio and post-1982 on TV too. Emami was doing well when in 1978 it came across an opportunity to take over a dying yet credible company Himani Limited. The company was well known in eastern India for many years but due to poor operations and thin profit margins was on the verge of closing down. Emami at that time took a bold decision of acquiring Himani and by capitalizing on it brand equity and factory unit, transform both Himani and Emami into a larger and more successful company. After six years of acquiring Himani, Emami came out with two revolutionary products under the ambit of Himani only Boroplus Antiseptic Cream and Boroplus Prickly Heat Powder. These were introduced to cater to the change in consumer behavior. People were starting to become more conscious about their choices and wanted specialized products. Earlier they used to go for any cream or any talcum powder. But Emami knew that they had to produce and market specialized products like antiseptic creams for minor cuts and bruises and prickly heat powders for Indias scorching summers, to cater to changing consumer needs, so as to assure their sustenance in the future. Riding high on the success of brand Boroplus, the company launched it in Nepal, Ukraine and Russia. There also these products were a great success. The decade of 90s was very important and crucial for Emami. They launched an ayurvedic cool oil under the Himani brand Navratna Cool Oil. The oil was a runaway success and such was the demand of the product that Emami had to expand operations and setup another manufacturing facility in Pondicherry. Till date, Navratna oil is the world leader amongst cool oils. It was developed keeping in mind the changing behavior and lifestyles of the consumers. Lives became more stressful and hectic. People were losing on their health and wellness quotient and illness crept in. Keeping alive the tradition of massage, Emami developed this cool oil to not only cool off a person but also relieve him of stress, headaches, heat and insomnia. The people connected with the product and realized its usefulness in their lives. Availability of the oil in low unit packs further reached out to the rural population. Eventually, Navratna oil found acceptability in all economic sections of the society due to its USP. The setting up of the second manufacturing facility in Pondicherry provided two-pronged benefit to the company. Not only it catered to the heavy demands of Navratna Oil but also opened the markets of south India for Emami lead by Navratna Oil. Not only powders and oils, Emami increased its offering to chywanprash, hair dyes and pain-relief ointments. To further add on to its portfolio, Emami acquired close competitor Zandu and re-launched its products including balms and health foods. But in 2010, Emami had to face a failure in acquiring a tough competitor like Paras Pharmaceuticals. Paras had a parallel portfolio to Emami and included top brands like Moov, Krack, DermiCool, Livon, SetWet, Zatak, etc. If acquired, Emami would have become a major market player in the FMCG sector. But its bid fell short and Paras was eventually acquired by Reckitt Benckiser (RB). Emami now is in talks with RB to acquire Paras. A classic example of Emami changing with times is the launching of Fair and Handsome, a fairness cream for men. Emami understood that Indian men no longer want that dark skin tone and long for a fairer skin, a belief popular amongst the females. So, they launched a specialized product particularly for mens tough skin. Since its inception, Emami knew that its USP is ayurvedic compositions and it has to maintain it. Ayurveda connected well to the people in the 70s and 80s but in the new millennium, people, especially the youth are reluctant to such age-old traditional methods. They are more inclined towards latest researched techniques and formulations for their health and beauty. Emami understood this threat and heeded to the changing consumer behavior by roping in stars like Amitabh Bachchan, Shahrukh Khan, Kareena Kapoor, and many south stars , which promote the products amongst the youth and portray an image that Emami is a brand which offers the best of ayurveda and modern techniques and is a favourite amongst their star icons too.