Equity and trusts problem question answers

Equity and trusts problem question answers Equity and trusts problem question (1500 words) This scenario relates to the purported creation of a trust. We are told that Michael has said to his daughter that â€Å"I promise to transfer to you within the year certain property†. The first issue to determine is whether this is sufficient to create a trust. One of the principal requirements for the successful establishment of a trust is certainty, and in this instance, certainty of intention is relevant. Knight v Knight (1840) established that the â€Å"three certainties† must be present; certainty of intention, of subject matter, and of object. Also of relevance here is the equitable maxim that â€Å"equity look to intent, not form†. This means that it is not necessary for the declaration explicitly to include reference to the word â€Å"trust†. The fact that Michael does not refer to a â€Å"trust† does not, therefore, defeat the attempt to establish a trust. By way of example, in Paul v Constance (1977) the words â€Å"the money is as much yours as mine† in reference to deposits in a bank account were sufficient to create a trust. There is no requirement that the declaration be in writing either, unless the trust property is land. The second â€Å"certainty† that is required is certainty of subject matter. What is the trust property? In this instance, Michael has sought to create a trust over â€Å"certain property†. This will fail for evidential uncertainty; there is no clear specification of what the trust property is. Lord Hailsham indicated in his judgment in IRC v McMullen (1981) that the courts are generally reluctant to invalidate a trust for uncertainty of subject matter and will, where possible, apply a reasonable construction to the wording of the trust in order to make them valid. In this instance, however, there is no reasonable construction that could make this vague declaration sufficiently certain. Michael goes on, however, to specify this property as being his Cartier watch, his shares in ABC plc, the legacy he expected to receive from his uncle’s will, and Tranquil View, a freehold house. This, then, will meet the evidential certainty criteria. The next issue to consider is who the trustee is over each of the trust properties. Michael’s watch is a chattel. A trust only becomes fully constituted once the property is in the hands of the person properly bound to be the trustee. In this instance, the bank is holding his watch. The bank, then, becomes the trustee as soon as the declaration is made. In Milroy v Lord (1862), Turner LJ set out his famous three modes of making a gift; an outright transfer of the legal title to the property, a transfer of legal title of the property to a trustee to hold on trust, and a self-declaration of trust. As we have seen, Michael has transferred, by his declaration, the legal title to the watch to the bank. There is no delivery requirement as it is already in the bank’s possession. In relation to Michael’s shares in the public company, the Re Rose (1952) case is relevant. Another equitable maxim is that equity will not assist a volunteer, meaning that in order successfully to create the trust, Michael must have done everything possible to transfer the legal title to the trust property. In Re Rose, the Court of Appeal upheld a trust where the donor had done everything he was obliged to do to make the trust valid. In relation to the shares, Michael will have to execute a stock transfer form in order to create the trust. This principle was extended by Pennington v Waine (2002), although this still required the execution of a stock transfer form. Michael has also sought to create a trust over future property, his expected legacy from his uncle. This is a mere â€Å"expectancy† rather than a trust. Equity will only enforce this as a trust if some consideration was given for it, which does not appear to have been the case in this instance. It is a gratuitous assignment and is not therefore legally enforceable. Tailby v Official Receiver (1888) is authority for equity enforcing an imperfect transaction where consideration was given. In relation to the freehold house, a trust over real property can only be fully created in writing (unlike trusts over personalty). There will not be a properly constituted trust, then, over the property. Michael has also verbally promised to his mistress that she will have the freehold house. This is a case of donationes mortis cause, or deathbed gifts, which are made inter vivos. What distinguishes this from a deathbed gift, however, is that it is not conditional upon Michael’s death, as he says â€Å"whether I die or not†. Cain v Moon (1869) is authority for the fact that deathbed gifts must be in contemplation of death. He also gives his mistress the keys to the safe which contain the title deeds, and thus he has delivered to her the legal title, in essence. This is sufficient to create the trust although as mentioned this is not a donationes mortis causa. We come to Michael’s will which was validly created, and which takes effect upon his death. The  £200,000 trust to create a sports ground for the employees will be successful as it is sufficiently certain as to the trust objects (i.e. the beneficiaries). This is a trust for a purpose, and pure purpose trusts will be invalid, however. Equity will not recognise a trust to carry out a purpose as the benefits of carrying out a purpose cannot be localised to specific individuals (see Morice v Bishop of Durham (1804)). The trust for the purpose of erecting and maintaining a monument will be invalid following Re Endacott (1960) in which a gift of some  £20,000 was made â€Å"for the purpose of providing some useful memorial to myself†. This was invalid. The trust for the purpose of looking after his pet tortoise will be valid as an exception to the no purpose rule, following Pettingall v Pettingall (1842), in which a trust was valid for the purpose of looking after a horse . The gift for the purpose of educating his children is obviously no longer relevant so the trust property will revert to Michael’s estate. Finally, he leaves a legacy for the purpose of building a new clubhouse. Gifts to unincorporated associations were discussed in Conservative and Unionist Central Office v Burrell (1982), and the lacrosse club meets the criteria for an unincorporated association. Once the association is dissolved, the property which is held by the members of the association is not bona vacantia but there is no resulting trust because the property was held under a bare trust. The members can therefore distribute the property among themselves as they see fit. Precatory words are words of prayer or request in wills. The gift of Michael’s jewellery to Nileema is an example of this, and the case law suggests that these words are sufficient to create a trust, although in Lamb v Eames (1871) the Court of Appeal did not allow similar words to create a trust. The gift of the majority of his model soldiers may fail for conceptual uncertainty of subject matter following Palmer v Simmonds (1854). The cy pres doctrine preserves charitable trusts from failure, and strives to make the trust â€Å"as near as possible†. It is likely that the gift to the museum which has closed will be transferred to the Museum of Childhood which now holds the collection. The fund for charitable or benevolent works is a general charitable intention, following Buckley J’s analysis in Re Lysaght (1966). This is wholly charitable and will be valid under the provisions of the Charities Act 2006. The gift to his trustees is a power rather than a trust and will be valid following Re Douglas (1887). The gift of half his shares in ABC plc will be valid, as it is sufficiently certain to determine the property following Hunter v Moss (1994) provided it can be discerned which shares Michael was referring to. BIBLIOGRAPHY Statutes Charities Act 2006 Cases Cain v Moon [1896] 2 QB 283 Conservative and Unionist Central Office v Burrell [1982] 2 All ER 1 Hunter v Moss [1994] 3 All ER 215 IRC v McMullen [1981] AC 1 Knight v Knight (1840) 3 Beav 148 Lambe v Eames (1871) 6 Ch App 597 Milroy v Lord (1862) 4 De GF J 264 Morice v Bishop of Durham (1805) 10 Ves 522 Palmer v Simmonds (1854) 2 Drew 221 Paul v Constance [1977] 1 All ER 195 Pennington v Waine [2002] EWCA Civ 227 Pettingall v Pettingall (1842) 11 LJ Ch 176 Re Douglas (1887) 35 Ch D 472 Re Endacott [1960] Ch 232 Re Lysaght[1966] Ch 191 Re Rose [1952] Ch 499 Tailby v Official Receiver (1888) 13 App Cas 523 Secondary sources Martin, J.E. (2001) Modern Equity, 16th Edition (London: Sweet Maxwell) Pearce, R. and Stevens, J. (2006) The Law of Trusts and Equitable Obligations, 4th Edition (Oxford: OUP) Penner, J.E. (2004) The Law of Trusts, 4th Edition (London: LexisNexis)

Exploring Physical Activity and Health

Part 1: Health screening and physical activity (1200 words/60 marks)Pre-activity health screening is commonly undertaken in sport and fitness facilities. Scenario 1 (below) shows the results of a pre-activity health screening procedure for a male participant. Read Scenario 1 and then answer the questions underneath.Scenario 1Participant: GregGreg is 55 years old and runs his own company as well as managing a local women’s football team. During a routine health check, Greg was informed that he has high blood pressure and should take steps to address this. Since he stopped playing football himself Greg is currently very inactive and has therefore decided to join the gym at his local sports centre, to help to improve his health and with the intention of becoming fit enough to play in a local veterans’ football league.Health screening questionnaireGreg completed a PAR-Q (Physical Activity Readiness Questionnaire) and answered ‘no’ to all questions. In other wor ds, Greg had no known medical conditions that could be aggravated by exercise at the time of completing the questionnaire.Health screening – physiological measurementsAfter the PAR-Q was completed, Greg undertook a series of physiological measures. The results of these are:Resting blood pressure = 150/92 mmHgResting heart rate = 85 bpmHeight = 190 cmWeight = 105 kgBody mass index = 29.1Waist-to-hip ratio = 0.99Body fat percentage = 26% 1.Explain the reasons why pre-activity health screening is necessary. (400 words/20 marks) 2.Discuss and analyse Greg’s results. Your analysis should identify whether or not the results fall into healthy ranges and discuss the implications of this, with a particular focus on the risk of developing cardiovascular disease. (400 words/20 marks) 3.Outline how physical activity could have a positive effect on Greg’s health. (400 words/20 marks)Part 2: Health and safety legislation (800 words/40 marks)Read Scenario 2 and then answer the questions underneath.Scenario 2Bradley is a member of the gym at his local sports centre. He regularly uses the gym and has completed a gym induction and health screening. One day he brings his 13-year-old daughter, Jessica, to the health club to use the gym. The health club has a policy that under-16s are not allowed to use the gym and that no one can use the gym without first having a gym induction and health screening. Bradley and Jessica are fully aware of this policy. Although she is 13, Jessica looks much older and could easily be mistaken for being aged over 16. Jessica avoids completing a gym induction by telling the reception staff that she will just be using the swimming pool.While using a piece of gym equipment inappropriately, Jessica falls and breaks her wrist. The gym was supervised by one instructor at the time, whose response to the accident was immediate and appropriate. 1.What legislation governs health and safety in a sports and fitness facility, and how might th ese relate to this incident? (250 words/13 marks) 2.Discuss whether or not Bradley and his 13-year-old daughter, Jessica, would have a case for a claim for negligence against the facility. Explain the reasons for your answer. (550 words/27 marks)

Nursing management Essay

Introduction To lead effectively, you have to strike the difficult balance between communication and accountability. Different situations call for different leadership approaches, depending on corporate needs, objectives and available resources. Ultimately the goal of any leader is to get results. Here’s a list of the various common leadership types. Types of Leadership The Autocrat The autocratic dictator is the one of the most common types of leaders. The autocrat’s approach is to make unilateral decisions without asking for suggestions from other members of the group. Such totalitarian leaders have the advantage of saving time and receiving little oppositions as they seek solutions. The classic example of autocratic leadership is seen in the governments of countries like North Korea, which control their citizens through force and fear. Used positively, this type of approach is helpful to tighten up companies that are suffering from inefficiency or a lack of discipline. The Laissez-Faire Leader This type of leader is the opposite of the autocrat: employees are given a lot of freedom and eeway to work as they see fit. The laissez-faire leader rarely monitors employees and does not get feedback or updates on a regular basis. The style can be advantageous for companies that aim to harness individual leadership skills and encourage initiative among employees. The laissez-faire approach can result in time savings and better intra-office relationships, but only in companies with efficient, honest workers that require little supervision. Over time, leaders still need to follow up on the employees or they may sacrifice efficiency, productivity and affordability. The Motivational Leader A motivational leader helps to bring out the best in everyone. By taking the time to get to know each member of the organization, this type of leader gets to study employee’s strengths and weakness and develop strategies for taking advantage of them. This approach leads to good communication throughout the different levels of an organization. Employees get to share their feelings, thoughts and ideas, and so feel empowered and satisfied. AÂ  motivational leader is perfect in sales organizations or companies that are in need of a creative spark—or a jolt of enthusiasm. The Democrat The democratic leader values every member of the organization and seeks to make each group member feel content and useful. A democrat participates in tasks while respecting and acknowledging the suggestions and contributions of other workers. This approach generally leads to team efficiency and happy employees. Note that while members of the group participate in the planning and decision-making process, the leader makes the final decision based on all available information. The Gratifier The gratifier follows the old carrot-and-stick approach. Such a leader sets goals and then offers relative rewards depending on the contribution and achievements of members. If an employee or department performs poorly, there may be punishments or penalties. One benefit of this traditional management strategy is that it’s possible to initiate competitions within the workplace that often lead to improved—even transcendent—performance. The Innovator An innovator is creative and dynamic, adapting quickly to change and spearheading explosive growth. An innovative leader is aware of new developments in the marketplace and is always listening to other team members, on the lookout for fresh ideas and solutions. The best thing about the innovator’s approach is that the lead-by-example creativity inspires other employees to explore, expand and come up with new concepts of their own. This type of management strategy is particularly effective for tech, media and other idea-driven businesses. Your company’s current needs and goals may dictate the most effective management approach. Be flexible, and respond to changing circumstances or personnel by varying that approach as needed. It’s also wise to tailor your style of management to the capabilities and personalities of your company leaders.

The Most Important Characteristics Of A Leader Essay

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