Fusion or no Fusion of Equity and the Common Law at a Substantive Level

Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts, there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law.‘There would sometimes be arbitrary gaps in the common law, that is situations where the common law refused a claim despite allowing claims in other situations which were materially similar.1 With both Common Law and Equity offering different solutions to the same legal issues, it is argued that for justice there must be consistency with judicial rulings.2 The current system means that in certain cases the right to an equitable remedy is more valuable.An example of inconsistencies between case verdicts due to Equity and Common Law having different principles is that of having legal and eq uitable title to property. If a person has the legal beneficial title to a house and the deeds are stolen and sold to a third party they can only claim the value of the house back. Whilst with equitable title the person could use Equity to get the house back. Examples like this reinforce the argument for fusion because everybody would get the same remedies.Some might also argue that rather than the facts of the cases being used to determine the outcome of a case, with Equity the fact that different people made the decisions at different times had an influence on the rulings. Using Equity to bypass the Common Law rather than amending the Common Law. Another reason for fusion is that Equity allows judges to depart from common law and statutes in order to create new law. With Parliament being sovereign the idea of unelected judges creating law is undemocratic.Without the power to use Equity to depart from Common Law judges would be more accountable to parliament. If Equity and Common L aw were both fused then the discrepancies between cases would disappear. A mix of Equity and Common Law principles would be applied and the same conclusion would be found in each case. Although Equity and Common Law have already fused the courts in which they apply the substantive law has not been fused yet. There is a good case against the fusion of the two on a substantive level.Many argue that the purpose of the Judicature Acts was only to fuse the administrative aspects of Equity and Common Law. Those who argue for a substantive merger are often accused of committing a ‘fusion fallacy’.3. Equity has often supplemented Common Law where the interests of justice and of social and economic change arose. Equity’s trust concept and the modern law of mortgages would not exist if it was not for the intervention of equity. Although it may seem that the day of equity establishing legal principles before their time has passed, one day equity may be needed again.However ‘there is a danger that we will have elevated equity to the status of free-standing moral guardian of society’4.If equity is still allowed to have the power of extending the boundaries of the law. This is dangerous because there would be no legislative body to check the power of equity. Despite all this it would be extremely difficult to actually integrate the two, let alone compare them because they are entirely different. ‘Equity accordingly gives the common law a much needed injection of morality.’If Equity was merged with Common Law it wouldn’t be able to express its identity and intervene in cases of unconscionability, due to the rigidness of common law. The two are so ideologically distinct that one of the two would be dominant over the other. They ‘are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.6 However it would be wrong to say that the two have not mingled. Many believe it is better to view the two as distinct and mutual dependent of each other.With the fusion of Equity and Common Law would come the destruction of equitable concepts; ‘Equitable concepts like trusts, equitable estates and consequent equitable remedies must continue to exist apart, if not in isolation, from common law rules.8 These concepts have been formed in areas where Common Law would not allow suitable solutions to be created. Equity and common law might well be merged one day but the harmonization process required to allow them to integrate with one another would probably change the two so much that they are no longer as they started as.This would mean one would likely become dominant over the other. I believe that the two should be kept distinct and separate from one another, Equity’s sole purpose is to supplement the Common Law where it would operate harshly. If the two became fused tog ether Equity would no longer be able to deviate from the strict rules of law to deliver an equitable solution for those in need. It is said that Equity works on discretion, though some might believe the common law now works on a degree of discretion, and so the need for them to be fused together is not even necessary never mind more desirable.

Short essay Example | Topics and Well Written Essays - 750 words - 2

Short - Essay Example Of course students need to know these subjects, if for no other reason than it makes them a well-rounded thinker. However, a better case can be made that teaching them a different language is even more important to their cognitive capacity and their ability to find employment in today’s global economy. Enrollment in foreign language studies today is at its highest level since 1968. Parents and students are realizing the importance of communicating with both allies and adversaries, to interact with them on their terms, not just our own. People in foreign countries appreciate being spoken to in their naà ¯ve language, at least an attempt to and resent the arrogance of some Americans who expect them to speak English. More than half of Europeans speak at least two languages fluently but less than 20 percent of Americans. Until just recently, enrollment in foreign languages classes had been dropping dramatically in public schools reaching a low point in 2008 when only 25 percent of students were taking a foreign language class, only 15 percent of students in rural areas. Only about half of colleges require foreign language credits to graduate, down from two-thirds just a decade previous. This foreign language discrepancy should be concerning. The U.S. needs diplomats, entrepreneurs, b usiness leaders, physicians, technicians, intelligence and military officials, politicians, historians, scientists, artists, managers and writers who can effectively communicate in other languages. Foreign policy experts, vital to the nation’s security, will always be needed and must be able to speak in a variety of languages particularly Farsi (Iran), Mandarin (China) and Arabic, Russian, Bengali (India) among others in emerging economic and military nations. The National Defense Education Act was passed during the height of the Cold war following the launch of Sputnik, the world’s first satellite, by the Russians in 1957. The Act provided federal funds to public schools

Implementation, Strategic Controls, and Contingency Essay

Implementation, Strategic Controls, and Contingency - Essay Example This research will begin with the statement that a strategic plan is a step by step instruction manual that explains how an organization will move toward achievement of its objectives and how it will inform its workers what is expected of them. Without effective strategic plans, an organization is unable to make its employees move along with harmony while understanding the company’s goals and milestones. This paper throws light on the implementation of this plan and explains the objectives, functional tactics, action items, milestones, tasks, resource allocation, and other important issues. The objective of this strategic plan is to search for some new services apart from filing and solving complaints of the clients, and implement those services. When a company decides to offer a new service, it has to make use of all the internal resources of the company as well as a lookout for opportunities in the external environment. The organization also has to look out for threats and m ust be prepared to face all kinds of disasters and losses. It has been proposed that Human-Care.org should implement a counseling service in which clients can have access to expert professionals in social and psychological fields. This service will benefit those clients who are themselves disturbed personalities and may be filing illogical complaints. Human-Care.org should focus on the short-term activities called functional tactics because these are a key to success in the long run. Four main functional tactics are: time (how much time will be dedicated to current activities?), specificity (how activities will be managed to achieve the strategic plan?), participants (who will be involved in the plan?), and empowering operational personnel (how personnel will be motivated and trained?).

Writer's choice Essay Example | Topics and Well Written Essays - 500 words - 19

Writer's choice - Essay Example Dogs are also very loyal animals. They are always around you and never stray away unless absolutely compelled to do so. In some instances, dogs stay with their â€Å"masters† even in the face of mistreatment and poor conditions. A dog can go hunting outside and eat there but will still come back to its owner’s home; the only home it knows. Compared to other animals, dogs stay with you in the best and worst times. A dog will growl at a person who appears threatening to its owner, and attack an animal that wanders into its owner’s territory, even without prompt. A dog will share a bed with its owner and, in worse times, share the floor with its owner. I believe that this is not just a display of loyalty; it is also a major display of love. Any animal that loves someone that much deserves all my love. Dogs play many roles within the home. In fact, I think they are the greatest, multitasking, domesticated animals. Dogs play the role of security guards, alarm systems, friend, herders, hunters and even babysitters. People leave their children with dogs all the time and find them sleeping together peacefully (Erwitt 26). A dog will attack a cat for coming close to a baby; it seems to understand that whatever is its owner’s must be protected. Even in a million years, regardless of advancements in science, man would not be able to replace the package that comes with a dog. For me, that makes them worth loving and adoring. Dogs are also very emotional animals. I would go as far as saying that dogs are the only animals that seem to connect with man emotionally, better than other animals. For example, if I am angry and act in a way that displays my anger, my dog avoids me. On the other hand, when I act in a friendly and cordial way, my dog stays around me and reciprocates by producing sounds to show that it is comfortable. To be clear, cats rarely

Internet Marketing Essay Example | Topics and Well Written Essays - 1000 words

Internet Marketing - Essay Example There is no way I am not taking advantage of this new offer not in a million years and since the offer has a limited timeline, there is no time to shower. Even if I wanted to shower, I have no bath wash and I have to remember to pick that up after the coffee. Since the coffee shop is only a few blocks from my house, I just leave in my sweats and hope to not be late. On my way out I grab something I never leave the house without (besides my smartphone that is) and this is the google glass. The google glass is the best invention so far and I adore them. I have several reasons for that the first being that I get to take photos and record videos of funny occurrences and events on my way to the coffee shop without attracting the attention of people and hence little chances of being caught doing so. These pictures and videos I later share with my friends on facebook and instagram and we have a laugh about. It is also easier for me to get directions from my google glass and especially when my hands are full like they are about to be once I get my steaming hot coffee and free donut. Believe or not I actually work and not spend all my time playing with my tech toys or on social media. I therefore catch up with my work as I walk along the streets shopping, when waiting to meet my friends or potential clients or investors physically among other times. I ask my google glass to tell me how long it will take me to reach the coffee shop and it displays 3 min. In three minutes I will have gone through the urgent emails that I see are notified and alerting me as urgent. Flipping through this image without actually failing to continue walking is the best thing ever as I get to multitask while walking the streets without safety fear. A text message from my phone interrupts my email reading and it is reminder that I have arrived at the coffee house. This text message alert on my location is another great invention for the

Business decision making Essay Example | Topics and Well Written Essays - 500 words - 1

Business decision making - Essay Example The study will also put into consideration the sales value of the organization and factors affecting sales by use of graphs. In addition, measure of performance of the organization will be of much concern and various methods will be used. Some of those methods include; mean mode, median, standard deviation, Variance, correlation coefficient, rage and Net present value methods. 1.1) Primary data usually gives firsthand information about the target market hen coming up with a plan for the following should be considered; research method, contact methods, sampling plan and research techniques and instruments. These methods of collecting data differ from those of secondary methods. In primary research a clear plan of contacting people who will participate will be decided on. This may include the use of phone interviews online surveys and other mediums to find out customer preferences from prospect customers. The sampling plan will involve taking into consideration the size of the sample to be used. The research instruments will involve the use of questionnaires (Boswell, Boswell, and Cannon, 2014) The use of secondary data will involve using data that has been already documented these data may be useful because a comparison of similar organization in the industry may be used in forecasting sales (Kothari, 2005) Collecting primary data has advantages over secondary data because they are fresh, precise and are related to the issue of concern. Secondary data may be outdated thus may give wrong projections, may contain errors, may not be easily accessible and might be of low quality (Mooi, and Sarstedt, 2011). We are going to collect primary data as well as secondary data as indicated below. 1.2) The sampling frame refers to the target group which researchers can use to make selections. It contains a comprehensive and updated list of the members of the population involved in the research. There are various methods, which can be used for

PHOTOSYNTHESIS Essay Example | Topics and Well Written Essays - 1000 words

PHOTOSYNTHESIS - Essay Example The learner should also explain the source of the electrons that are transported in the light reaction of the light dependent reaction of photosynthesis. Introduction Photosynthesis takes place in plants which have chlorophyll, in some algae and some bacteria. Photosynthesis needs chlorophyll-the green coloring pigment found in the chloroplasts. The process takes place in two phases: the light dependent reaction and the light independent reaction. The light-dependent reaction takes place in the thykaloid membranes while the light independent reaction takes place in the stroma  of chloroplast. At this phase light is taken up by chlorophyll molecules and transferred to electrons of a water molecule.  This energy causes the water molecules to split releasing an oxygen atom and two hydrogen atoms. The electrons carry energy which used in the synthesis of high energy molecules like ATP and NADPH2. 2H2O + 3 ADP + NADP +3Pi  =  O2 +3ATP + NADPH2  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Light energy is needed in the process. ... This can be done if the thykaloid membranes (sites for light reaction) and the stroma (site for carbon fixation) are uncoupled or separated by cell fractionation. Using the isolated thykaloids, the light reactions will proceed without carbon fixation if light is present. It is an in-vintro type of reaction. DCPIP is used in Hill’s reaction to be the electron acceptor to accept the electrons after water molecules are split. It is blue in when oxidized state and colorless when in the reduced state. DCPIP (oxidized) + 2e  =  DCPIP (reduced) (Blue)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  (Colorless) This way the electron transport rate in the Hill’s reaction can be accounted for spectrophotometrically on a 620 nm wavelength by the change in absorbance of DCPIP as it accepts electrons by the conversion of water molecules in the chain. The rate of electron transport is a function of light intensity. Method Hill’s reaction was used to show how photosynthesis occurs in two distinct reactions. It also shows the role of light in photosynthesis which is shown by the difference in the readings of the spectrophotometer between tubes 3 and 4 where tube 3 is placed in the presence of light and tube 4 in the dark. Also boiling the solution destroys the chloroplasts in it, thus there is no observable change in absorption. This shows there was little or no photosynthetic reaction taking place. Ice cold solutions were used to stop any reactions that could have affected or altered the results in the Hill’s reaction in the electron transport chain. The reaction conditions were light to produce the needed energy, carbon dioxide and water which is broken down to