The law of equity Essay Example for Free

The law of equity Essay By the end of the 13th century, the central authority had established its precedence at least partly through the establishment of the common law. The Courts of Exchequer was a court originally dealing with disputes involving revenue, taxation and revenue laws. The Court of Common Pleas was where pleas between subject and subject were brought. And the Kings Bench heard actions to which the King was a party. The common law however, had a number of defects. The inflexibility of the writ system appeared to lead to injustice because matters that were not within the scope of writes recognized by the common law were dismissed. Furthermore, the common law did not recognize rights in the property other than those of strict legal ownership. Nor did it recognize security for loans (mortgages) or the right of third parties in general. The common law courts had no power of enforcement. Also, it did not allow any form of oral evidence. The only remedy provided by the common law were damages, which were inappropriate in certain cases. This led to injustice and the need to remedy the perceived weaknesses in the common law system. The more general a rule, the less likely it is to do justice in all the particular cases to which it applies. Moreover, an attempt to construct in advance the qualifications to the rule necessary to do justice in all cases would lead to a system of rules too complex, even if all the problems could be foreseen. The Court of Chancery emerged as a solution to the common problems faced by the common law system by administering the law of equity. Proceedings before the Chancellor were simple, and were in other respects advantageous when compared with the proceedings of the common law courts. Plaintiffs unable to obtain access to the three common law courts would turn for help to the Chancellor. Moreover, the Chancellor developed several remedies which were not available in other courts, most notably injunction, specific performance, recessions and rectifications. Other improvements made by equity are the imploration of additional obligations on an individual while recognizing his or her rights at common law. By accepting that a trustee is the legal owner of property while requiring the individual to hold it benefit of another. Equity is concerned with individual justice. Therefore, it is only available at the discretion of the court. Also, this means that anyone who seeks equitable remedies must not themselves be guilty of misconduct in the case. The division between the common law courts and the Courts of Equity were eventually combined under the Judicature Acts 1873-1875. Matters of both law and equity is now determined in the course of one set of proceedings: if there is any conflict between rules or law and rules of equity, the latter are to prevail. Injunction is as an order that prevents a person from performing or continuing to perform a particular act. In the case of Kennaway Vs. Thompson, the plaintiff sought an injunction to restrain a motor boat racing club from committing nuisance by excessive noise. The Court of Appeal granted the injunction, holding that the rights of the plaintiff shouldnt be overridden by the interest of the club or the general public. In considering whether to grant an injunction or damages in lieu under Lord Chairns Act, the public interest does not prevail over private rights. In this case, damages wouldnt have satisfied the plaintiffs private rights. Specific performance is an order that requires a person to perform or continue to perform a particular act. In the case of Jones Vs. Lipman, the defendant entered into a binding contract to sell some land to the plaintiff. After the date of the contract, the defendant changed his mind, and sought to avoid specific performance by selling the land to a company acquired by him solely for this purpose and controlled by him. While specific performance would not normally have ordered against a vendor who no longer owned the property, here the defendant was still in a position to complete the contract, because the company was a sham in an attempt to avoid recognition by equity. Thus, specific performance was decreed against the vendor and the company. Recession is an order that returns parties to contractual agreement to the position they were in before the agreement was entered into. Cooper  Vs.Phibbs, Phibbs was the legal owner and trustee of land which, unknown to either party, belonged in equity to Cooper. Phibbs improved the land and agreed to let it to Cooper. On discovering the facts, Cooper sought to rescind the letting agreement. The House of Lords held that, subject to a lien for Phibbss expenditure, it should be set aside. If parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that agreement is liable to be set aside as having proceeded upon a common mistake. Rectification is an order that relates to the alteration, under extremely limited circumstances, of contractual documents. In A.Roberts and Co. Ltd. vs. Leicestershire County Council, the plaintiffs had undertaken to build a school for the defendants. The agreement provided that the school should be completed within the period of 18 months, but the officers of the Council altered the period to 30 months in the draft contract without making it clear to the company. The company signed the contract without noticing the change, and one of the defendants officials was aware of the mistake. Rectification was ordered. In conclusion, equity has greatly ameliorated the common law system. Various forms of remedies other than damages have been made available under specific circumstances such as, injunction, recessions, rectifications and specific performance. However, in most instances there are differences between the operation of law and equity rather than conflict. For example, different remedies may be available in respect of what both systems acknowledge to be wrong. In respect of a nuisance, damages and injunction come into conflict. Bibliography Gary Slapper David Kelly, The English Legal System 6th Edition. M.L Barron R.J.A Fletcher, Fundamentals of Business Law 4th Edition. Helena Wray. Smith, Bailey Gunn, Modern English Legal System, 4th Edition, London Sweet Maxwell. Brenda Barrett, Principles of Business Law, Helena Wray. Paul Latimer, Business Law, 1988 Edition, CCIT Editorial Staff. Clive Turner, Australian Commercial Law, 22nd Edition, LBC Information Services 1999. www.lectlaw.com/files/lws65.htm Jill E. Martin, Hanbury Martin Modern Equity 14th Ed, London Sweet Maxwell Ltd. 1993. Jill E. Martin, Hanbury Martin Modern Equity 13th Ed, London Sweet Maxwell Ltd. 1993.

The Character of Chillingworth in The Scarlet Letter Essay -- Scarlet

The Character of Chillingworth in The Scarlet Letter Old Mr. Prynne began his new life in the town of Boston as the Physician Roger Chillingworth. The moment he arrived, the town deemed him intelligent and mild mannered; he always seemed pleasant although a little odd. Throughout the seven years he remained in Boston, his character changed so dramatically from admirable to evil that even those who did not know him personally seemed to notice an evil nature deep within his soul trying to break free. Chillingworth stood with Hester Prynne within the confines of the prison, talking with her about how he would go about finding her lover. He says to her, "I shall seek this man, as I have sought truth in books; as I have sought gold in alchemy. There is a sympathy that will make me conscious of him" (pg. 70). As any man who found their wife to be adulterous, Chillingworth reacted with a fairly normal response- although angry and wanting revenge, he did not react totally unreasonably. After this talk with Hester between the prison walls, Chillingworth makes it his personal goal to find Hester's lover; no sudden change had occurred within Chillingworth, although over a few months his demeanor beings to change. Even though Hester has many other issues on her mind, while she is at the Governor's house, she notices without hesitation that Chilingworth's demeanor has made a drastic change. While Dimmesdale and Governor Bellingham are trying to decide the fate of Pearl and where she will remain during her lifetime, Hester glances at Chillingworth, who happens to be stand... ...ing to us a character like Chillingworth, Hawthorn creates a villain that one has to think whether he/she hates Chillingworth or feels as though he's a victim of circumstance. Without directly telling us that others influence our lives in such a powerful way, Hawthorne conveys this idea through Chillingworth and Chillingworth's effect on those around him. Because of Chillingworth, the reader gets to see how a person who is not necessarily an evil man to begin with, can become so corrupt that even those around him view him as the Devil's worker. By putting a character like Chillingworth in his book, Hawthorne is able to show how religion had a big influence over the people during that time period. Even though Chillingworth harassed Hester and Dimmesdale, the two were more afraid of their fates after death, than Chillingworth during their lifetimes.

Drink in Trend: Thailand Essay

Ready to drink tea ?In the past 1 to 2 years, ready to drink tea market seem declining. But in the first half of 2008, ready to drink tea market grew 16% in market value and 13% in quantity while the entire beverage market grew 5% only. This is the result of intensive marketing activities in the market. ?Consumers perceive that green tea is for health and wellness whereas black tea is for refreshment Source: Pepsi Co Trading Co. , Ltd Source: Oishi Source: T. C. Pharmaceutical. Total market value: Bt. 3,600 million Lipton? Lipton is the market leader of black tea segment (with 80% market share0 ? In the first half of 2008, Lipton ready to drink tea grew 30%. ?Lipton launched Lipton 9 to create an image of Lipton as the expert in tea products. 3-4 years ago, Lipton Wave green tea was not succeed and withdrew from the market. ?The selling point of Lipton 9 is new green tea product with 9 kinds of herbs. Asian believe these herbs are good for health. ?Thailand is the first market that for Lipton 9 ?Target group: female aged 20-39 years / with health and beauty conscious. ?A Bt20 million marketing budget has injected to build awareness of the new product with product trial road shows for 900,000 consumers, advertising through major media channels and photo contests on www. lipton9. com. ?Sermsuk expects Lipton 9 to carve out 4-5% of the green tea market this year ? Product price of Lipton 9: can Bt. 14 and PET bottle Bt. 18 ? Key person: Mr. Isaress Sundravorakul, marketing manager of Serm Suk Ms. Ratchada, non carbonated drink director, Pepsi Co Oishi. ?In order to tap the functional drink trend, Oishi launched green tea product with chlorophyll – substance in green plant which helps to improve body’s blood circulation and increase oxygen level. ?Marketing budget for launching Oishi green tea – chlorophyll: Bt. 10 m ? Key person: Tan Paskornnatee, managing director Puriku ?Puriku’s mixed berry flavor not only creates a big success for the brand but also a new trend and category for ready to drink tea market: tea + fruit juice. Even Oishi, the market leader, has to follow and launched Oishi green tea mixed berry flavored at the same size 350 ml. ?Puriku fruit white tea is positioned as refreshment drink for teenagers aged 12-17 years instead of functional drink for adult. It is because functional tea drink consumed time to educate consumer; and adult with health conscious prefers drinking water and fruit juice. Moreover, teenagers love the sweet and sour taste of fruit tea. ?Other than sell in 500 ml bottle and priced Bt. 20 as other brands, Puriku put its fruit white tea in smaller bottle 350 ml and sells Bt. 12 a bottle. It gets a well response from teenagers whom live in other provinces and has limited pocket money. ?Strengthen the brand image by adapting famous duo boy band â€Å"Golf , Mike† as presenter ? Puriku will launch new flavor every year. Currently Puriku has 4 flavors. ?Key person: Suwandee Chaivaroot, marketing manager Zenya ?Zenya has released two functional green tea products: 1. Zenya light plus fiber (same taste as original flavor but amount of calories reduced by 50%) and 2. Zenya C 100 plus (added 100 mg of vitamin c) Functional Drink ?Even functional drink’s market value grow double every year but it is still not very popular in Thailand market because: oThais do not accept the product yet. It has to take longer time to educate the consumer. For examples, I Firm from Unif and Alive from Coca Cola, which entered the market too early, has been withdrawn already. oStrong advertising restriction. Even the product has got Thailand’s FDA approval; it cannot advertise all its benefit to consumer. ?Now only B-ing of Singha Corporation is still active in this market. It has just launched the 4th formula â€Å"B-ing Relax† into the market in May 2008. o4 formulas: 1. B-ing Fine (provide vitamins for immune system) ; 2. B-ing Boost (provide amino for burning fat and energy); 3. B-ing Comfort (provide fiber for digestive system); and 4. B-ing Relax (for reduce stress) oUnlike other brands which have only one formula with different flavors, B-ing has up to four formulas. This strategy helps to build confidence to consumer and can fulfill needs of different target group. Market Value of Functional Drink YearMillion Baht 2006500 20071,000 20082,000 Beauty Drink ?A category of functional drink which is blooming ? Collagen is the most popular ingredient in this category ? Sappe ?Market leader and the first brand of functional drink that use beauty as a selling point ? Launched in December 2006 by Saap Anan? Distribution channel: in first 5 months, it was distributed in 7- eleven only. ?Target group: female 20-45 years ?Keys of success: oAdvertorial in TVC program and P. O. P. (no above the line activity) oBeauti Drink’s formula: fruit juice + beauty ingredients in 365 ml bottle. It can be drink more often than milk and 100% fruit juice because it contains only 12% fruit juice. So other than beauty purpose, Sappe can fulfill the thirsty purpose as well. ?Product: oBeauti Drink Collagen 1000 mg oBeauti Drink Co Q10 oBeauti Shot Collagen 3000 mg + Fiber 2500 mg oBeauti Shot Co Q10 + Grape seed extract Meiji Beauti ?Launched in 2007 by CP-Meiji. ?Product strategy: beauty yogurt ?In order to compete with Dutch Mill which gains 90% market share of yogurt market, CP-Meiji build a new segment. Beauty yogurt is differentiated from fruit yogurt of Dutch Mill. ?Marketing budget: 50 million baht ?Marketing activity: above the line and below the line activities (movie preview and sampling). ?After conducted a consumer research, CP-Meiji found that the brand image of CP-Meiji is not young. So the packaging has been redesigned. ?Product: oBeauti Detoey – with honey and lemon for detoxify oBeauti Bright – with collagen for good skin oBeauti Miracle – with apple cider and honey for well being ? Key person: oDr. Kinggard Pattarathamas, assistant to marketing director oPaisan Chonbanyatcharoen, managing director CP-Meiji’s shares in different markets Market Total Market Value Share of CP-Meiji Pasteurized milk 3,500 million baht 51% Drinking yogurt1,500 million baht7-8% Yogurt (in cup)2,500 million baht10% Healthy Drink ?In the past, the target audience for healthy drink is sportsman aged around 20 years and 40-50 years. Nowadays, health conscious trend is expanding the consumer base. People whom do not play sports also drink healthy drink ? Market value: 1,000 – 2,000 million Baht. (estimated by Sahaphattanapiboon) i-Healti ?Launched in May 2007 by Sahaphattanapiboon ?Product strategy: added Co Q10 (substance which is important for good health and skin) ? Marketing budget: 70 Bt. ?Major distribution channel: 7-eleven and member system ?Packaging: oFirstly there was a lady image on the label to avoid Thai FDA restriction on healthy drink. But later on the lady image has been removed in order to capture male consumers. oRed color is selected because it is a powerful color ?Keys of success oUsed skin doctor as presenter at the beginning and now use Miss Thailand oBoth above and below the line activities (ie.road show) oSmall bottle: 100 ml / bottle. Less quantity makes consumers perceive that it is effective and 100 ml can be drink for refreshment as well. oAffordable price: Bt. 25 / bottle. Consumer can drink everyday. ? Product: oi-Healti Q10 oi-Healti Q10 Lite (actually it is a sugar free formula but Thai FDA did not permit to put â€Å"sugar free† on label so i-Healti Q10 Lite put â€Å"Low Calorie† instead. ) ? Key person: Pennapa Tanasarasin, director Peptein ?Launched in Jan 2008 by Osotspa ?Product strategy: added soy peptide (substance for good brain performance) ? Imported soy peptide from Japan? Marketing budget: 400 million baht ?Sales target 2008: 300 million baht ?Osotspa had set up a new unit called â€Å"marketing department for health and functional beverage†. Each year it plans to launch one new product. ?Major distribution channel: 7-eleven ?Product: oPeptein 4000 oLaunched in Jan 2008 oSell at Bt. 38 / bottle (100 ml) oTarget group: teenager, young adult, and first jobber oPeptein 8000 oLaunched in Feb 2008 oSell at Bt. 68 / bottle (150 ml) oTarget group: adult aged 40 years old up oKey person: Prathan Chaiprasit, senior deputy director Brane Fit ?Launched by Ajinomoto. ?Product strategy: positioning as brain food (Brane Fit) and skin food (Skinn Fit) ? Healthy food and drink will be a new business unit of Ajinomoto. And it will launch at least one product a year. ?The strength of Ajinomoto is the know-how in healthy drink from mother company in Japan ? Major marketing activity: sampling ?Target group: student and worker ?Product: oBrane Fit oSkinn Fit ?Key person: Pichit Kusamit, managing director Trend # 1: Sugar-free ?Sugar-free soft drink category is blooming while the overall soft drink market does not grow in the first half of 2008. Consumers become more health conscious and the taste has been improved to be similar to classic formula. Source: Coca Cola Thailand ?Coca-Cola (Thailand) Co has spent 50 million baht for its Genzero campaign, aiming at strengthening its leadership in the sugar-free carbonated beverage segment. The campaign was designed to strengthen the success of Coca-Cola Zero by appealing to the emerging trend among teenagers and young adults to break free from stereotypes. Coke Zero was launched in May 2007 and now has a 43% share in Thailand’s sugar-free carbonated beverage segment, estimated to be worth two billion baht.? Key person: Chuenhathai Vuntanadit, regional marketing director (Coca Cola) Trend # 2: Sesame Soy milk market share by brands Vitamilk50% Lactasoy35% DNA 12% Others 3% Source: Vitamilk ?The intensive marketing activities of hi-calcium milk Anlene and Calcimex in the past few years has created a bone health conscious among Thai consumers. Soy milk companies catch the trend by adding black sesame, which is rich with calcium, into their products. And this soy milk’s category is now in full blossom. DNA ?DNA soy milk was introduced into the market 4-5 years ago by Dutch Mill. ?In order to compete with other two major players in the market: Vitamilk and Lactasoy, DNA is positioning as â€Å"hi-calcium soy milk† with black sesame. Now DNA is the market leader of this segment. V-Soy ?Vitamilk launched V-Soy in 2006 ?Positioned as hi-calcium soy milk and targeted at male consumer. ?Three flavor: double black sesame, white sesame, and no sugar Vitamilk ?Sales of Vitamilk original formula dropped in the first half of this year. It is because 1) glass bottle was short of supply; 2) retail price of Vitamilk UHT 250 ml increased 2 baht to Bt. 12 but rival, Lactasoy, remained price at Bt. 10 and added quantity to 300 ml. Vitamilk flights back with Vitamilk to Go in Black 300 ml (glass bottle) and 330 ml (UHT). The 330 ml pack sells at Bt. 10 / box until end of this year. ?Key person: Chanid Suwanprim, marketing manager of Greenspot Foremost Hi-5 ?Foremost launched the cereal flavor soy milk in end of 2005. ?Unlike other products on the market, Foremost Hi-5 contains black sesame, brown rice, barely and wheat germ. Anlene ?Anlene also launched soy milk with black sesame. ?Key person: Lalana Boonngamsri, marketing manager of Fonterra Brands (a subsidiary of Fonterra, the world leader in milk and dairy products and the world’s largest milk exporter. Fonterra is headquartered in New Zealand and operates a network of consumer dairy businesses in 40 countries worldwide. ) Trend # 3: Smaller size Recently several brands of beverage introduced small pack into the market with different reasons: Refresh drink ?Decrease in purchasing power. Small pack is cheaper. ?Able to finish the whole bottle in one time ?Can drink several kinds of beverage Samples: oPuriku green tea – 350 ml oOishi green tea – 350 ml oZeny green tea – paper box oSplash (orange juice of Coca Cola) – 180 ml (sells Bt. 10 a bottle / target: kids) oTropicana (orange juice of Pepsi Co) – 250 ml in glass bottle (sells Bt.10 a bottle) oCoke – mini can (sells at Bt. 10) oRed Bull Cola – 325 ml (sells at Bt. 10). Functional drink ?Consumer perceive that small bottle is more effective than the big one. Samples: oBeauti Shot – 50 ml oi-Healti Q10 – 100 ml oSt. Anna – 100 ml oPeptein 4000 – 100 ml and Peptein 8000 – 150 ml oBrane Fit 100 ml Hi calcium milk ?Anlene launched the concentrate formula, which contains 4 times the calcium of regular milk in 110 ml UHT box. ?Target consumer whom get calcium tablet. ?It is very successful. Anlene’s market share jumped from 17% to 38%with in 6 months. The total market values of hi calcium milk is 1,000 million baht. Samples: oBeauti Shot – 50 ml Others Fruit Fit For Fun orange juice: ?15% orange juice drink launched by TC Pharmaceutical for economical and super economical markets. ?Unlike 100% fruit juice which sell in modern trade channels only, Fruit Fit For Fun is applying the same distribution network of Red Bull, Sponsor, and Puriku. ?Ranked no. 3 in 7-eleven after Splash and Tropicana but its share in traditional channel is still far away from DeeDo, the market leader. DeeDo sells at Bt. 10 a bottle (500ml) while Fruit Fit For Fun sells at Bt. 13 a bottle.

End of Life Care Essay - 1018 Words

Grief is an acknowledgement that we loved someone, and the nature of our relationship with that person determines how we grieve. Grief is an exclusive process; one that is as different as the person experiencing it is. As Hospice volunteers we must respect each person’s individual grieving practices and refuse to give in to the temptation to advise others to follow our exact paths. Although those of us who have also experienced such loss can sympathize with other’s feelings, we must be attentive to the fact that they are mourning the loss of a relationship that was exclusively theirs. As Hospice volunteers, we must consider this exclusivity and abstain from persisting that the grieving person grieve any way other than what is best for†¦show more content†¦The death of an infant or fetus should never be ignored. In this case, grief is often negated, and this is also the case with the death of an adult child. Parents experience real grief in these cases and t he minimization of that grief only makes it harder to achieve acceptance (Leming Dickinson, 2011, p. 493). The death of the adult child leaves parents with the feeling that the child’s responsibilities have not been completed and recognize the loss that their grandchildren will endure all of their lives. This is again, a break in the chain of the assumed cycle of life (Leming Dickinson, 2011, pp. 505-506). In adults, in general there are often many cases of disenfranchised grief. Loss of a grandparent, sibling, or even a parent, is negated because the focus of grief attention is placed on other members of the family. Always remember they too are grieving, and their grief is just as important and should be validated (P.G.White, 2009). Grief in children is also different depending on the relationship they have with the dying person. There are, however, many commonalities about age of the child. Preschool children may not fully understand what death is, but they will notice a difference in the family â€Å"routine†. They either may be emotional, through crying or displays of anger, and they can withdraw from other members of the family (The Jason Program, n.d.). By age six, although the child may seem not to be affected by theShow MoreRelatedKeeping End Of Life Care1588 Words   |  7 PagesIntroduction Bringing end-of-life care back into the community, specifically into-home, is a patient centered and cost effective option which provides an essentially holistic and comfortable environment for the dying and their families. 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