Intention Essay Example | Topics and Well Written Essays - 2500 words

Intention - Essay Example These elements are essential prerequisites for a valid creation of express trust. Trust being an arrangement, certainty of certain aspects must be present just as in a contract (Hudson, 2009). Certainty of intention The settlor should have actually intended to create a trust without giving an impression of imposing some moral obligations or gifting or acting in some other manner which cannot be a trust. As there is no prescribed wording for creation, courts are expected to examine what intention of the parties had been and whether those intentions are given effect to in the trust deed. The court is free to infer an intention from the circumstantial evidences including parties’ conduct. Thus, the inference may be had if the property owner shows a positive intention to share the beneficial ownership of his property with someone else, or if he transfers title of the property to a third party intending that he will hold it for the benefit of some other person. The intention must b e in the form of a trust deed and not as a gift or some other form. Though there are exceptions, written form is ideal to prove the existence of a trust and the certainty of intention. ... 950 he received as compensation for an injury, bank refused as they were not married. Hence, with the account in his sole name, he became the common law owner of the account. Later on the couple put both their monies in the same account and spent the money in the account for their common purposes. Once Mr Constance had told Mrs Paul â€Å"this money is as much yours as mine†. After Paul’s death, his wife claimed the money in the bank account stating that the balance in the account belonged to her husband and she was entitled to the bank account balance as per the Intestacy Rules. Although the widow of Mr Constance was entitled as his legal heir, court held his wordings â€Å"this money is as much yours as mine†. constituted an evidence to create a trust for the benefit of Mrs Paul as well as Mr Constance. The Court said that Mr Constance might have behaved in the manner above without being conscious of creating a trust and its legal implications. Courts are only uncovering an express trust and not imposing a constructive trust. In Re Kayford (1975), the mail order company, in anticipation of impending insolvency, set apart all advance payments from its customers in a separate bank account and withdrew from that account as and when supplies were made to each customer. This was done with the intention that in the event of becoming insolvency, customers’ monies not supplied with goods could be returned to them. When the issue arose as to whether the money in the separate account could be distributed to the existing creditors, the court held that the company had held the money in a separate account in trust for the benefit of unsupplied customers who had made advance payments. By creation of a separate account, the company’s intention to create a trust

Investment Risk Management Research Paper Example | Topics and Well Written Essays - 1750 words

Investment Risk Management - Research Paper Example These include the following: an assessment of the factors that contributed to the financial failure of the firm, a discussion and representation of mortgage backed securities and the risks associated with leveraging them to a particularly high degree, in evaluation of management’s role with respect to the collapse of Lehman Brothers, a discussion of the recent debt crisis within the Euro zone and the relevance that Lehman Brothers example provides for this particular scenario, and final evaluation of the role of federal government and seeking to regulate ultimately decrease the incidence of such collapses in the future. Naturally, each of the aforementioned sections will corresponds to a section that provides recommendations and potential solutions that could have otherwise ameliorated the factors involved (Kershaw & Moorhead, 2013). It is the ultimate hope of this particular author that such a level of discussion and analysis will be beneficial to the reader in seeking to gai n a further level of understanding concerning the case of Lehman Brothers and the corresponding importance that this has with respect to other firms in the current market. Firstly, as a function of assessing the factors that contributed to the financial failure of the firm, these are ultimately contingent upon the high exposure of certain types of investments that Lehman Brothers engaged with. Essentially, mortgage backed securities (MBS) were a mainstay of the financial backbone that Lehman Brothers relied upon as a function of funding its continuing operations and providing investment security to its clients (Steele, 2014). However, as a direct result of the fact that these mortgage-backed securities were inherently unstable and essentially directly linked to the solidity of the mortgage market, this represented a lack of diversification and placed investors in an extreme risk of losing sizable parts of

Importance of Supportive Communication

Importance of Supportive Communication EXECUTIVE SUMMARY Communication is an everyday activity. There is nothing that can be done without communication. However this essential of life can be very damaging if not use it properly or accurately. It is every body’s wish that all people behave, act, think, response, move, learn and communicate just as he/she was made off. As a result of inequalities and imperfection of human nature, all of us cannot act the same. It is often and always easier to communicate good news and happy moments to our love ones, work mates, school mates, family members etc. however the moment of truth is when to communicates the opposite to those that are close to us, colleagues, family members etc. and when not handled properly can ruin a hard fought relationships cultivated over the year. This is because we are inclined by nature to receive good news than the bad news though it might be the fact. Therefore cultivating the skills of supporting communication an inevitable tool for every person irrespective of the level of responsibility one finds itself. Supportive communication seeks to preserve or enhance a positive relationship between you and another person while still addressing a problem, giving negative feedback, or tackling a difficult issue with such person. There are numerous benefits associated with companies which ideologies the concept of supporting communication that companies who does not as carried by various surveys. In such context one can be an asset to a group, work environment, family when he/she is able to communicate supportively to the up build of the group, work and family and in this direction I chose to work on my supporting communication skills. Before I read and participated in the classroom on this skill, my skill assessment score was below the mean quartile in comparing with 5000 students who undertook the same assessment. My score after reading and class participating almost threepuled above even above the highest quartile. This does not mean that I can skillfully applied supportive communication. Practical steps have been put in place to apply this knowledge into full use. These steps includes; by asking two same case study group to assess my reaction when giving counsel on performance of a group member, a planned friendship with those who their attitudes and behaviors I disguise so much and finally being asking my children to note down whenever I get angry in the process of giving the feedback. INTRODUCTION Communication is an everyday activity. And is the ordinary interaction that occurs between coworkers, friends, acquaintances, or intimates on daily bases. Communication comes in different forms. Verbal communication which includes sounds, words, language and speaking whiles non-verbal communication involves physical ways of communication like, tone of voice, touch, smell and body language. The quality of communication and how communications are evolves and is maintained are the basis of whether a relationship amongst individuals are stable, become more intimate when appropriate and if additional information is shared between individual reflecting trust between the both parties in every facet of human life. Ineffective communication may lead individual to dislike each other, be offended by each other, lose confidence, refuse to listen and disagree to each other as well as causing a host of other interpersonal problem. (Whatten Camaron, 2011) Normally positive interpersonal relationships results when always things are going on well and people do what they are expected and suppose of them. However, when communicating to an individual who has a negative attitude, such as a personality conflict with coworker or hasn’t perform up to expectation, the risk of putting the employee on the defensive is very high. Individual often react defensively if they feel they are being punished or threatened by communicating, and thus they devote attention to identify counter arguments rather than listening. Thus communication is more productive when it is done constructively or done supportively. SUPPORTIVE COMMUNICATION Supportive communication is interpersonal communications that help individuals to communicate accurately, especially in difficult situations and times. Supportive communication seeks to preserve or enhance a positive relationship between you and another person while still addressing a problem, giving negative feedback, or tackling a difficult issue. It allows you to communicate information to others that is not complimentary, or to resolve an uncomfortable issue with another person but, in the process, strengthen your relationship. Supportive communication builds and strengthened relationships when delivering negative feedback or when you have to point out few shortcoming of another person. It thus seek to preserve or enhance a positive relationship between two people whiles still addressing issue. It allows communicating information to others that is not complementary but rather that strengthen the relationship. Companies fostering supportive communication enjoy higher productivity, faster problem solving, higher quality outputs, and fewer conflicts and subversive activities than groups or organizations where relationships are less. (Robbins Coulter, 2007) it goes on to present a survey conducted with conclusion, that companies with presence of good supportive communication between managers and subordinate were three times more powerful in predicting profitability in major cooperation’s over a five year period than the most powerful variables – market size, firm size and saves growth rate-combined. There are arguably eight attributes of supportive communication of which all other research shared the same thought as far the scope of this research is concern. This indicates that to communicate supportively one must adhere to these characteristics when communicating. ATTRIBUTES OF SUPPORTIVE COMMUNICATION Problem oriented, not person oriented. Problem-oriented communication focuses on a problem that can be solved rather than the person who is responsible for the problem. Person-oriented communication puts the listener on the defensive and focuses the attention on blame rather than on avoiding or solving future problems Congruent, not incongruent. Congruent communication conveys what the speaker is thinking and feeling. There are definitely situations where discretion is a more appropriate choice than full disclosure of what we think and feel. However, in most communication situations, we communicate more effectively when were candid. If we arent honest, listeners wont trust what we say. Descriptive, not evaluative. Evaluative communication expresses judgment of the listener, or his or her actions. To be an effective constructive communicator, we should objectively describe problems rather than speak in an evaluative manner. Evaluative communication puts the listener on the defensive. Validating, not invalidating. Validating communication helps people feel understood, valued, and accepted. In contrast, invalidating communication treats people as if they are ignored, worthless, or alienated. Invalidating communication is superiority-oriented, rigid, impervious and/or indifferent and its avoid treating the listener like a lesser person. Specific, not global. There are two key drawbacks to global statements of problems; theyre often too large to be resolved and they tend to oversimplify and misrepresent problems. Conjunctive, not disjunctive. Disjunctive communication takes at least three forms; not letting the other party speak, long pauses, and switching topics. Disjunctive communication can result in the other party thinking that their input is not being considered. Owned, not disowned. When we own our communication, we take responsibility for our statements and acknowledge that we are the source of the ideas conveyed and not someone else. We disown communication when we search for third parties to attribute our comments to. Listening, not one-way message delivery. Explains, effective listening is actively absorbing the information given to you by a speaker, showing that you are listening and interested, and providing feedback to the speaker so that he or she knows the message was received. Effective listening is often taken for granted, but its a valuable managerial tool. PERSONAL ASSESSMENT SUPPORTIVE COMMUNICATION In order to be sincere and able to know my managerial shortcoming in this skill area, I assessed myself based on the following questionnaires before and after reading and participating during lectures. The evaluation of these questionnaires is as a result of weakness observed when learning this skills and much effort is needed to overcome these shortcomings as comparing myself to 5000 students who also took the same assessment. Rating Scale 1. Strongly disagree 2. Disagree 3. Slightly disagree 4. Slightly agree 5. Agree 6. Strongly agree Assessment Pre Post Questionnaires 3 6 When I give feedback to others, I avoid referring to personal characteristics and focus on problems or solutions instead 2 6 I always link negative feedback to a standard or expectation that has been violated 2 5 When I try to correct someone’s behavior, our relationship is almost always strengthened. 1 6 I am descriptive in giving negative feedback to others. That is, I objectively describe events, their consequences, and my feelings about them 3 6 I always suggest specific alternatives to individuals whose behavior I’m trying to correct 3 6 I reinforce other people’s sense of self-worth and self-esteem in my communication with them. 2 5 When asking questions of others in order to understand their viewpoints better, I generally ask â€Å"what† questions instead of â€Å"why† questions 2 6 I don’t dominate conversations with others. 1 6 I hold regular, private meetings with people with whom I work and with whom I live. 2 5 I strive to identify some area of agreement in a discussion with someone who has a different point of view Table # 1: supporting communication questionnaires and responses. SKILLS ASSESSMENT INTERPRETATION The first five questionnaires are in respect of how I can effectively communicate negative feedback, the higher the scores the better for one to communicate effectively negative feedback than the lower scoring. Whereas the last five questionnaires are also in respect of how I can be effective in communicating supportively, and again the higher the scoring the better than the lower scoring. The total scoring before the reading and class participating as shown above was 21 scores as compares to an average 5000 student mean quartile scores of 45 out of possible 60 scores and my score after was 57 out of possible 60 scores. This indicates better understanding and knowledge on how I can effectively communicates negative feedback to someone in a supportive manner. PRACTICAL APPLICATION – SUPPORTIVE COMMUNICATION The above after reading and acquiring the knowledge does not make me a better person to be effective in supporting communication, is just acknowledgement of how critical supporting communication is in every facet in one’s life. It takes several practices and on the field application of this knowledge that one become effective communicating supportively. However since practice make man perfect; the following are planned practical steps activities to help me to communicate supportively. First in the MBA program, working in groups are integral part of the program, hence supporting commununication is very important at all level of group activities. That is from group formation, sharing of responsibilities, embarking on assigned group assignment and holding rehearsal presentations within the group. To put supportive communication into practice, I have asked two group members to assess me whenever is my turn to communicate feedback to a group member who has presented during group rehearsals on his/her weakness as well as whenever is my turn to be counseled after my presentation. Two different will let me know objectively about the assessment. I will also purchase a voice recorder so that I can listen to it after group discussion. Secondary I have planned to be friend with those who generally I don’t associate better due to their character traits, race, culture and religion. Trying to form friendship with such people will always help me to improve on my supporting communication skills. The reason being that since I have a perceived mind already regarding them, accepting them as friends will be a real challenge, however that will also help me improve on not always dominating but also welcoming others viewpoint in discussions which is one of the eight attributes of good supporting communication. Finally in the house since children are active when ever decisions goes their way, I will ask each of them to count the number of times I get angry and why when am having discussions with them or in dealing with each individuals in the house. This will help me to work on my anger level since it will be difficult for someone with high level of anger to be supportive in communication especially when communicating negative feedback. REFERENCES Whetten, D., Cameron, S. (2011). Developing Management Skills (8th. ed.). Upper Saddle River: Prentice Hall. Vucaj, I. (2013). Managing human resources. Blog at wordPress.com. Robbins, S P., Coulter, M. (2012). Management (11th. ed.). Pearson education. Schmidt, J., Uecker, D. (2007). Increasing understanding of routine/everyday  interaction in relationships. Communication Teacher, 21, 111-116.

Norway :: essays research papers fc

Norway is one of the â€Å"three fingers† of Scandinavia, and is just larger than New Mexico. It covers 125,181 square miles. It is located in Northern Europe, bordering the North Sea and the North Atlantic Ocean. The coastline stretches 21,925 km. The population of Norway is 4.3 million and growing. The population is predominantly or Nordic (Scandinavian) decent. There is also a small minority (20,000) of native Sà ¡mis (Laplanders), who live mostly in the North. Many aspects of business and management in Norway are very similar to those of America including language and communication, power structures/politics, work ethics, food and eating habits, dress, and religious beliefs. General facts about Norway are as follows. Age structure: 0-14 years=19% (390,344 female; 444,570 male), 15-64 years=65% (1,375,493 female; 1,424,027 male), 65 years and over=16% (408,675 female; 287,842 male). Birth Rate: 12.86 births/1,000 population. Death Rate: 10.35 deaths/1,000 population. Net Migration Rate: 1.15 migrants/1,000 population. Infant Mortality Rate: 6.1 deaths/1,000 live births. Life Expectancy at Birth: Total Population: 77.61 years, Male: 74.26 years, Female: 81.15 years. The official language of Norway has two forms. Bokmà ¥l, or â€Å"book language† is used in most written works and is spoken by more than 80 percent of the people, especially those living in urban areas. English is taught in the schools beginning at age 11, and is widely spoken as a second language. Communication is very similar to that of the United States. Although technology is probably more advanced, things like Internet, and cellular communication are very widely used with an average of 2 cell phones per person in Norway. The power structure of Norway is probably one of the few areas that are quite different from that of most other free countries. Norway is a constitutional monarchy. The king has limited authority, except as head of the military and as a symbol of continuity and stability. Executive power is vested in the prime minister, who presides over the dominant party in the country’s parliament (Storting). The 165 members of parliament are elected every four years. The Storting has an Upper Chamber (Lagting) and a Lower Chamber (Odelsting). The Labor, Center, and Conservative parties are the largest in parliament, but no party has a majority. Another similar note is that all citizens may vote at age 18. Norway also has 19 provinces (fylker). Norway enjoys a strong economy, and has one of the highest standards of living in the world.

Economy of the United States Before During and After World War Ii Essay

They were also encouraged to ration their food and gas, and often grew â€Å"Liberty Gardens. † Unfortunately, World War II also made the American Government used to relying on ‘deficit spending’ (government spending of borrowed money), causing economic problems that still linger today. That’s all I have. Hope it helps! Everything listed above is definatly true to a point, I’m a history major who has to answer this question for an exam later this week so I thought I’d help add some more information for the people who are looking†¦ WWII was an expensive war, it would cost $304 billion just to finance it. For this reason the governmnet pushed war bonds which encouraged common people to help support the war both with their money and with their hearts. From the get go the war was marketed to the common people, proven by the use of popular movie stars in the promotion of War fund-raising and compliance with governmnet measures. After pearl harbor, the American people were ready to pour everything they had into the war effort. Women donated thousands of tons of aluminum cooking supplies to help build planes– though it was later found that only virgin aluminum was good enough for aircraft and so their pots and pans were melted down and sold back to them as pots and pans. In the first months of the war Washington was a mess, and mobilization was slow. This is because our governmnet is not made to act swiftly, it was designed to take time and thought before any decision can be made. Scrap drives were unorganized and so were the efforts of the common people. Those who could not physically join the armed forces wanted to know what they could do to help but the governmnet expected little more from them than the purchasing of war bonds and for them to practice conservation of goods. Other items which were recycled included bone and fats which were used in making explosives and other materials. One of the greatest failures of American govenmnet was the policies which did not encourage the full use of all of the American people. While â€Å"Rosie the Riveter† posers might make it seem that women were begged to help in factories, the truth is that Americans tried to keep the women home for as long as possible before labor shortages around 1943 made it nessisary for factories to stop policies of discrimination. Comming out of the Depression, America had 9 million men that needed jobs. Each and every one was employed before women and minorities were given a chance to go to work. Even more difficult than the position of minorities was that of married women, especially those with the men of their families fighting overseas. America had been progressing socially as a nation under FDR, but his social reforms had taken a back seat to the war effort. Day care was almost non-existant, and where it was it was impossible to afford. Many stores also chose to keep the same hours they had during peace time and so women who worked late had a hard time getting the items they needed. Married women who had husbands in the workforce were also discriminated against because a common attitude was that the man should be the sole bread-winner of a household and children would â€Å"be denied proper care† if their mother’s worked. Many goods that people took for granted disapeared, and with more money than they had seen in years the American public had little to spend it on. Gasoline was rationed and in many cities â€Å"Sunday driving† was banned, those who violated the laws had their gas coupon books taken away. The decrease in driving worked both to save gasoline and to put many new business, which depended on â€Å"drive-in† coustomers, to fail. Most people were given a card that allowed them 2 gallons of gas per week, with unrestricted gas reserved for emercency vehicles, police officers, and a few unscrupulous congressmen. Meat was also rationed at 2lbs per person per week which was very difficult for some people to live with. Conservation and the war effort also found its way into popular fasion. Durring the war shoes could only be found in limmited colors (i. e. 4 shades of brown, and black) and clothes were not allowed to be made with any more material than was absolutly nessisary, pleats, ruffles and other embelishments were thrown out for the durration. (This is one of the reasons why short skirts and bare-backed dresses were all the rage). A black market of rationed goods and consumer goods (such as sheets) was strongly revived during this period, but was not so pervasive as to undermine the system. With money burning holes in their pockets, Americans turned to the entertainmnet industry, which with it’s glamourous actors and fantastical stories, helped to distract the public from their problems. Also, the governmnet had it’s own idea about what Americans should do with their extra money, during the war the income tax was introduced to suppliment GI spending and has been with us ever since. One thing I would like to correct from what is stated above is the idea that minorities gained rights as a result of the economic boom and the war effort. What happened is that minorites began to actively fight for their rights after WWII. Women did not want to be thrown out of their positions after the men came home from the war, they liked the freedom of having their own income and enjoyed doing something other than cooking and cleaning. African-Americans also were feircly discriminated dirring this time. It would not be until after the death of FDR that the new president Harry Truman would finally desegrigate the military. This nations’ minorities were fighting overseas for freedom and equality when in fact they were not given these freedoms at home. After the war, blacks who had served in the military moved out of the south and sought a better life in the north where they could escape the racial caste system which existed there. Jews were also discriminated here as well as in many other countries. We were eager to condemn Hitler for murder and open persecution, but we did not want to take the Jews off of his hands alive. If you need more info, consult this book: O’Neil, W. L. (2002). A Democracy at War: America’s Fight At Home and Abroad In World War II. Cambridge: Harvard University Press. Most of my ideas come from that text, nothing is quoted directly. Hopefully this helps too!

Aqa Business Studies Essay

Explain two benefits to them of setting up the business as a partnership. (4 marks) Explain two ways that Expresso Printing Ltd could motivate its two new employees (4 Marks) Explain two possible effects on Good for Us of lowering its prices (4 Marks) Good for Us prides itself in providing good customer service. Explain two ways in which Good for Us could provide good customer service (4 Marks) Explain the benefits to Darren of producing a business plan (4 Marks) Explain two benefits to Darren of aiming his product range at a gap in the market (4 Marks) Explain why the charity uses volunteers in the shop and not paid workers (4 Marks) Explain why the profit or loss made in November 2010 has changed from the ? 50 000 profit made in November 2009. (4 marks) Using the data in Figure 1, calculate the profit or loss made by Atkins Ltd in November 2010. (4 Marks) Explain why it is important and how does it benefit Atkins Ltd for having a high quality product. (4 Marks) Explain one advantage and one disadvantage for Jenny of operating as a franchise. 4 Marks) Explain two possible reasons why A to Z Frames has highly paid workers (4 Marks) Explain how STS would benefit from improving its customer service. (4 Marks) State one other source of finance and explain why it might be suitable for Tony and Rima (4 Marks) Explain the possible effects on Meals for All of using cheaper ingredients (4 Marks) Describe the effect that the opening of the new pizza takeaway might have on two different groups of stakeholders of Marco’s business (4 Mar ks) Explain what other information Marco would need to consider before deciding whether to reduce his price (4 Marks) Explain two advantages to Budget Signs Ltd of using batch production to produces its large range of standard signs (4 Marks) Explain two advantages to Budget Signs Ltd of using job production to produces its large range of standard signs (4 Marks) Explain two disadvantages to Budget Signs Ltd of using batch production to produces its large range of standard signs (4 Marks) Explain two disadvantages to Budget Signs Ltd of using job production to produces its large range of standard signs (4 Marks) State and explain two reasons why the company mainly employs part – time staff State and explain two reasons why the company mainly employs full – time staff Explain two benefits to them of setting up the business as a company. (4 marks) Explain two benefits to them of setting up the business as a franchise. (4 marks) Explain two benefits to them of setting up the business as a partnership. (4 marks)