Relationship Between Mexico And Mexico - 1425 Words

The relationship of the United States and Mexico goes back centuries and the importance of this relationship has gained more attention over the last decade. This relationship has gained attention due to the enormous amount of problems Mexico is having economically and socially. Specifically, the relationship with Mexico is important to the safety of our nation and U.S. self-interest because of the issues with drug trafficking, gang violence, and immigration. These influences on our country are vital and play a pivotal role in our economy and rapport with Mexico. These problems are the results from significant tensions that began in the 19th century with the Mexican War that ended with the Treaty of Guadalupe Hidalgo. The Treaty of†¦show more content†¦Articles VIII and IX of the treaty were written to promise the protection of the property and civil rights of Mexican Americans. â€Å"Mexicans who,†¦ shall be incorporated into the Union of the United States, and be admi tted at the proper time to the enjoyment of all the rights of citizens of the United States,†¦and in the meantime shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.† (Article IX, Treaty of Guadalupe Hidalgo). This promise and guarantee within the treaty proved to be false and unfulfilled. Mexicans were not provided with the funding for the same schooling facilities that white students were privileged with nor were they provided with the same quality of education. â€Å"These separate schools were unequal in many respects to those provided for Anglo children. In relation to Anglo schools, Mexican schools were older, their school equipment was generally less adequate, per pupil expenditures were generally lower, and the staff were less appropriately trained, qualified, and experienced.† (Miguel 365). School segregation and lack luster schooling for Mexicans bec ame the norm and have not changed over time. Mexican American elementary and secondary (MAES) student’s reports on ethnic isolation confirm that inequality persists today. TheShow MoreRelatedAnalysis Of The Stimulus Material Given I Saw A Relationship Between Mexico And The United States Essay2124 Words   |  9 PagesFrom reading the stimulus material given I saw a relationship between the disappearance of language and technological advancements. In the Self Portrait Along the Borderline Between Mexico and the United States by Frida Khalo a painting that shows the differences between Mexico and America in the 1900s, there appears to be a difference of culture between America and Mexico. America is more modern, as Mexico is more classic. America’s modernization is shown in the different factories in the backgroundRead MoreWhat Are The Major Economic Problems That Have Plagued Latin America?889 Words   |  4 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example on how the upper class becomes billionaires. The wealth Disparity canRead MoreA Brief Note On The United States And Mexico1447 Words   |  6 Pagesachieve and sustain a positive relationship with another county it is essential to understand their culture. Culture is defined as the aspects of a society that separate them from the rest of the world, such as through language, beliefs, customs, traditions and government (Nowaczyk, n.d.). Mexico is a country in South America that the United Stated has a very strong relationship with. We share a 2000 mile border so a two-sided relationship is very imp ortant between us because it has a direct impactRead MoreGlobalization And The Global Migration903 Words   |  4 Pagespeople between different countries. The movement doesn’t occur within the country. Internal migration is the movement of groups of people from one part of an area to another. The movement occurs within the country. Globalization is the global economic integration of the global market. In recent time, there were many migrations because of the process of globalization. In order for us to understand the causes and the effects of these migrations, we need to understand the relationship between globalizationRead MoreMexican History And Its Effects On American Soil1626 Words   |  7 Pagesbegan as a result of the attack on Columbus, New Mexico by Pancho Villa. According to (Valades, Jose C. Historia General De La Revolucion Mexicana. 1979 ed. Vol. 3. Chihuahua: Editorial Del Valle De Mexico, 1976.) Villa felt admiration toward the United States who he felt like him were â€Å"hombres libres†. Despite having no knowledge of American laws or institutions and ignoring US customs, Mexican history claims that Villa felt he held a close relationship with the US because of his frequent dealings withRead MoreIntercultural Communication1648 Words   |  7 Pagesexample of poor intercultural communication between the United States of America and Mexico is how the communication significantly affected foreign policy and international commerce between the two countries. Mexico is a country of intercultural significance and neighbors the United States of America. The United States of America is traditional and within the country, many cultures exist. The work ethic and language, within intercultural communication in Mexico and the United States of America, are similarRead MoreEssay On NAFTA1661 Words   |  7 PagesNorth American Free Trade Agreement (NAFTA) is an agreement between Canada, United States, and Mexico which was signed on December 17, 1992 (Hassan,M Nassar R 2016) but wasn’t established until January 1st, 1994. NAFTA is a trade agreement between the North American countries. It is an agreement that would allow businesses to obtain resources from each of the three countries. The idea behind it was to make it easier for countries to trade and to increase productivity. Since NAFTA businessesRead MoreRelations between Mexico and The United States Essay1550 Words   |  7 PagesRelations between Mexico and The United States â€Å"Poor Mexico, so far from God, and so close to the United States.† -Pofirio Diaz Mexico is one of the most populated and industrialized of the third world nations, yet it remains very impoverished in comparison to it’s northern neighbor. Recently Mexico has been the third largest trading partner of the United States, has become an important exporter of petroleum and plays a pivotal role in the politics of the region. Yet Mexico is frequentlyRead MoreEssay on Political Culture of Mexico1154 Words   |  5 PagesAs once put by Mexican Nobel laureate Octavio Paz, Mexico is a land of â€Å"super-imposed pasts† (McCormick, p.326). It continues to be and is seen as a melding pot of its European and Native American ideas about society, law and government. Its history has had a major influence on the political culture of Mexico, seen through years of revolution, violence and corruption. Mexico is a considered a new democracy, but there is a tension still seen between democracy and authoritarianism. The country we seeRead MoreThe Major Economic Problems That Have Plagued Latin America1497 Words   |  6 Pagescentury? During the 20th century Latin America went through a change after the U.S made the clam to directly defend Latin America. This caused a sudden trade switch from the Europe nation to the U.S. With this trade switch we start to see a big gap between the lower and upper class. With this gap the poor gets poorer and the rich become Carlos Slim. Carlos Slim was the world’s richest person form 2010-2013 and is a perfect example of how the upper class becomes billionaires. The wealth Disparity can

The Future of History Can Liberal Democracy Survive the...

â€Å"The Future of History: Can Liberal Democracy Survive the Decline of the Middle Class?† Francis Fukuyama It would take a great deal of confidence, in these uncertain and changing times, to publish an article called The Future of History. Yet, this is precisely what Francis Fukuyama has done in this article. It is a bold title since it not only places this article in the ideological path of his most famous work, â€Å"The End of History and the Last Man,† but it also suggests a fundamental departure from those ideas with which he is usually associated. History seen as a directional process with a past, a present and a future is a philosophical and historiographic concept. This article, though, is not really about the future of History, but more about the political future of the world, and in particular the Western world. Nevertheless, in order to understand this latest contribution and perhaps any article of Francis Fukuyama’s, it is necessary to understand what he meant by the â€Å"end of History.† The â€Å"Shock effect† in the Western scientific and philosophical thought in the 20th century was accepted as a main hallmark of innovative rhetoric. These phenomena emerged since classic scientific criteria formed by the West in the minds of people during a couple of centuries were called in question. The scientific elite gave the green light to theoretical approaches, which during the entire 20th century favored the transition from the white to black, order to chaos, big to small,Show MoreRelatedThe And Its Impact On Society1707 Words   |  7 Pageschange is originating from the masses unlike in the past. Today democracy is not just a form of government it is a way of life. For example, a singer that is more popular is also more successful. Large groups of people are what create change. Even capitalism is becoming more democratic. 2. Zakaria defines constitutional liberalism as the goals of government such as protecting the rights of its citizens. In contrast, democracy refers to a government who is elected through free and public electionsRead MoreEssay on Foreign Policy Recommendations for the Obama Administration2330 Words   |  10 Pagesdetermines the actions and foreign policy of the state is anarchy. Anarchy is the lack of a central government that can enforce rules within the international community. This principle implies that the international community is dangerous and could spell ruin and disparity for any state without rules to govern and mandates that restrict unruly states, creating a self-help system. In order to survive within this system a state must generate power or the ability to make others do what they otherwise would notRead MoreWill India Become a Superpower?11373 Words   |  46 Pageswished to be citizens of a free India. After waiting a year for the Nizam to come to terms, Patel sent in the Army and compelled him to join the Union. Few Indians now alive know how uncertain our future looked in the summer of 1948. The question then being asked everywhere was Will India Survive? Now, 60 years down the road, that fearful query has been replaced by a far more hopeful one, namely, Will India Become a Superpower? This new, anticipatory, expectant question has been promptedRead MoreEssay Reveiw4144 Words   |  17 Pageslays the foundation of the nation-state as one national gov’t became more in charge of national affairs. After Henry VIII dissolved the monasteries, the monarchy had even greater control of English land. This was the biggest land transfer in Eng. history. 3. French concordant of Bologna: In the early 1500’s the French monarchy now had greater control of the French Catholics church. The monarchy could now choose the church leaders who would become the top advisors to the crown. This is one stepRead MoreInterpretations of the Origins of WWII3781 Words   |  16 PagesGerman invasion of Poland, and the French and British declarations of war on Germany two days later. From even before this official beginning to the war, people have continually tried to analyze what actually brought about the most destructive war in history, with many different interpretations having been put forward. Richard Overys argument is a complex one, involving a look at each of the major countries that entered the war from Germany in 1939, to the U.S. in 1941. Each country is looked at inRead MoreGeorge Orwell23689 Words   |  95 Pagessleep any the worse for it. He is serving his country, which has the power to absolve him from evil. One cannot s ee the modern world as it is unless one recognizes the overwhelming strength of patriotism, national loyalty. In certain circumstances it can break down, at certain levels of civilization it does not exist, but as a positive force there is nothing to set beside it. Christianity and international Socialism are as weak as straw in comparison with it. Hitler and Mussolini rose to power in theirRead MoreThe Sociology Of Knowledge5656 Words   |  23 PagesMannheim s accepting and conservative stance leads him to assume absrractprinciples to be the active agents of history, rather than people. Finally, if every ideologicalposition was contingent on a socialposition, why should the sociology of knowledge be exempt from this postulate? The sociology of knowledge expounded by Karl Mannheim has begun to take hold in Germany again. For this it can thank its gesture of innocuous skepticism. Like its existentialist counterparts, it calls everything into questionRead MoreDubais Political and Economic Development: Essay38738 Words   |  155 PagesScience WILLIAMS COLLEGE Williamstown, Massachusetts MAY 10,2005 Table of Contents I Persian Gulf Development Literature Oil Curse Literature Arab and Islamic Factors Regional Ovemiew and Historical Background Dubais Development History I1 PI1 Explaining Dubai9sDevelopment Outcome Why Not Other Gulf States? Dubai versus the Development Literature IV Dubai in a Cornparatbe Corntext Saudi Arabia Qatar Brunei Conclusion Appendix Bibliography Introduction Read MoreInstitution as the Fundamental Cause of Long Tern Growth39832 Words   |  160 Pagesempirical and theoretical case that differences in economic institutions are the fundamental cause of differences in economic development. We first document the empirical importance of institutions by focusing on two quasi-natural experiments in history, the division of Korea into two parts with very different economic institutions and the colonization of much of the world by European powers starting in the fifteenth century. We then develop the basic outline of a framework for thinking about whyRead More Brazil Currency Devaluation Essay examples4817 Words   |  20 Pages Introduction - History The Spanish navigator Vicente Yà ¡Ãƒ ±ez Pinzà ³n was the first known European in the region now constituting Brazil. Landing near the site of present-day Recife on January 26, 1500, he subsequently drifted northward as far as the mouth of the Orinoco River. In April 1500, the Portuguese navigator Pedro à lvares Cabral also reached the coast of present-day Brazil and formally claimed the surrounding region in the name of Portugal. The territory was named Terra da Vera Cruz (Brazil

Hip-Hop Police

Question: What are they? What do they do? Within your analysis provide 3 songs that discuss issues within law, the legal system, lawyers, judges, or any other court personnel. Answer: Hip-hop police is a term used for the New York City Police Department in the hip-hop industry to prosecute the rappers for criminal activity. The hip-hop police are involved in investigating criminal activity within the rap industry. The police originate in New York and are spreading to Police Department in several cities. They do not have respect in the hip-hop industry as they have been stalking and aggressively investigating high-profile rap artists (Smith and Siegler). The role of hip-hop police involves detaining criminal activity. Nelly, one of the rappers was detained for having drugs and guns on his tour bus. The hip-hop police are under controversies that they are against black men. The people argue that the rappers are young black men for which they are targeted. The police are looking actively for drugs, arms and other illegal possessions. Not just the illegal possessions, the hip-hop police have also charged the rappers because of their lyrics (Otiko). Everyone from amateurs to high-profile rappers are being targeted and watched by law enforcement. One of the rappers from Virginia was charged for double murder after he was caught about bragging for the crime in one of his songs Ride Out. The song was posted on Stewards MySpace page in 2009 for which he was charged for two felonies (Moran). One of the songs Trapped by Tupac Shakur or 2Pac, a rap giant is about the police harassment created in 1991 (YouTube). He was one of the well known rap figures and artists as he played about the social inequalities such as poverty and racism. In the song Trapped, he displays his anger and emotions that is caused due to police harassing the poor black communities. He further sings about police oppression and police harassment in Holler if Ya Hear Me (Holloway). Another song by Killer Mike, Dont Die is about the police violence. The track was released in 2012 for the victims of police brutality such as Sean Bell, Fred Hampton, Oscar Grant and othe r good men who were killed in the country unjustly. He also gave a speech after a few hours of Ferguson verdict that was at its heartbreaking earnestness (Holloway). However, it is argued that not all rappers make confession through their songs and it is simply a form of art. It is analyzed that the hip-hop police is investigating and assessing the crimes committed by people. The rappers turn out to be confessing their crimes through songs and are bragging about the same. The hip-hop police are keeping a check on the songs written by them. They are keeping songs on their watch-list as they perceive hip-hop as a culture of violence. The police gang intelligence units are also keeping a check on the nightclubs to avoid criminal activities. The hip-hop police are also compiling a dossier on rappers having criminal histories. The hip-hop police have taken this initiative for ensuring safety of individuals in the music industry as well as the local community (Smith and Siegler). References Holloway, Kali. "F*Ck Tha Police: 20 Songs Against Police Brutality".Alternet. N.p., 2014. Web. 5 Aug. 2016. Moran, Lee. "Rapper's Song Gets Him Arrested For Homicide".NY Daily News. N.p., 2013. Web. 4 Aug. 2016. Otiko, Manny. "Rappers Face Extra Scrutiny From The Hip-Hop Police".Ourweekly.com. N.p., 2015. Web. 4 Aug. 2016. Smith, Emily and Mara Siegler. "Drake, Chris Brown On NYPD Hip Hop Squad Watch List". Page Six. N.p., 2014. Web. 5 Aug. 2016. YouTube,. "2Pac - Trapped".YouTube. N.p., 2006. Web. 5 Aug. 2016.

Equity & Trust Charitable Business Purpose

Question: Discuss about the Equity Trust for Charitable Business Purpose. Answer: Part A Issue Whether the objects of the entities which have been mentioned in the question would be charitable at law or not? Rule Charities Act 2005 Application Established for a charitable purpose, they are a type of express trust but they differ in that: It isnt necessary to have a human beneficiary Therefore the test for certainty of objects becomes irrelevant for a charitable trust Rather the key question is whether the settlor intending to create a trust for a valid charitable purpose Charitable trust arent subject to the rule against perpetuities, they can go on forever, dont have to end. Charities (including charitable trusts) registered under the Charities Act 2005 enjoy a number of financial advantages. Including exemptions from: Income tax-Charitable trusts can run business to generate income for their charity purpose, just because youre a business doesnt mean you will loose your charitable trust statues. Gift duty Rates (in some circumstances) Because charitable trust dont need to have a human beneficiary there is not necessarily any person who can enforce the trust. As a result, the crown via the Attorney General is empowered with oversight of charitable trusts. Charity is represented by the AG, if something goes wrong, they have to go to court, law gives AG a general oversight in terms of charitable trusts. (New Zealand legislation, 2016). Pemsels Case (Income Tax-Special Purposes Commissioners v Pemsel[1891] AC 531: MacNaughton L ruled that the list of 1601 came down to four heads of charity; Trusts for the relief of poverty Trusts for the advancement of education Trust for the advancement of religion and; Trust for other purposes beneficial to the community and not falling under the other three heads Conclusion So, it has been concluded that Yes, the objectives of both the entities were charitable at law as it has been clearly defined under section 13 of the Charities Act. Part B Issue Whether there are some situations by which the charitable trust variations takes place or not? Rule Charitable Trusts Act 1957 Application once trust established for charitable purpse, property cannot revert back, can only ever be used for a charitable purpose. Re Twigger [1989] 3 NZLR 329: A rich man in the 19thCentury, in his will set up trusts for an old persons home, the Canterbury orphanage and for a CHCH refuge for city women who had succumbed to the temptations incidents of city life. The old peoples home today is still going, but the orphanage is not. In the 1980s a hospital board proposed a scheme to reorganise the money. Tipping J found problems with their proposal. He said under the old rules the money had to go to a purpose as close as possible to the failed one, but there was no such restriction in s32, only a moral obligation that the wishes of the will maker should be followed as closely as possible. The money for the orphanage was later transferred to a childrens home instead. Tipping J said under the Act he could not modify the proposed scheme, the trustees would have to go away, draw up a new one, get the AGs approval and then bring it back to the court. He thought there should be reform, but it has never eventuated. Re Slatters Will Trust [1964]Ch 512: left all money to a saburculoses hospital, time she died, hospital was closed. What happens? Under equitable principles the trustees can apply for a cy-pres modification of trust where a modification is found as close to the settlors intentions as possible, even if original purpose is impossible. The settlor had manifested a general charitable intention to devote property to a charitable purpose. Today rule has been taken over by statute, but doctrine of cy-pres still remains relevant. Charitable Trusts Act 1957: part 3 provides mechanism for the modification and variation of the mode of administration and of the purposes of the charitable trust. This process is done through the AG. If charitable trust fails, money and property doesnt go back to settlor, trustee will come up with scheme to do the settlors intentions as best as possible with a new remedy, will go to the AG and if they are happy with it, goes to court and is passed (Mundsen, 2013). Charitable trust exam question- may get exam question looking about setting up a purpose trust, what if it doesnt come within one of the heads- no beneficiary= could be charitable trust. (Socities Trusts, 2016). Conclusion It has been the methods which were set out under the act have been mentioned above in regard to the variation. 3. Part 2 (A) Issue Whether there are some methods by which courts determine the applicability of granting interim injunction or not? Rule Judicature Act 1908 Application An interim injunction is a temporary order of the court that prohibits or compels some action until the court has heard the arguments of all the parties and made a permanent order. In a case like this, when the applicant approaches the Court complaining against the Statutory Authority alleging arbitrariness, bias or favouritism, the court, being custodian of law, must examine the averments made in the application to form a tentative opinion as to whether there is any substance in those allegations (New Zealand Legislation, 2016). Grant of temporary injunction, is governed by three basic principles, i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case. But it may not be appropriate for any court to hold a mini trial at the stage of grant of temporary injunction (Vide S.M. Dyechem Ltd. Vs. M/s. Cadbury (India) Ltd., AIR 2000 SC 2114; and Anand Prasad Agarwalla (supra). The grant of an interlocutory injunction is subject to its own test for consideration by the court,2 namely, whether: there is a fair and bona fide question to be tried; Damages would be an adequate remedy; and the balance on convenience favors the grant of an injunction (Carey, 2012). Conclusion It has been concluded that there has been various methods which were considered by the court in order to grant interim injunction which have been specified if they would be fulfilled then it can be granted. 3 (2). Issue Whether there were some issues pertaining to trustees duties does the current circumstance illustrate or not? Rule Trustee Act 1956 Application General rule: trustee required to administer trust in accordance with general principles of law and the trust instrument. There has been some duties which should be performed by him such as: To make acquaintance with trusts terms To adhere to the terms of the trust To maintain impartiality between beneficiaries: It includes two different aspects to the duty: Trustee must act impartially between individual beneficiaries Trustee must act impartially between different classes of beneficiaries. Sometimes its hard for trustee to balance interest of one beneficiary with a life interest and interest of beneficiaries who receive that benefit after person dies. To act in the beneficiaries best interests To avoid conflicts of interest (trustees owe a duty of loyalty to the trust): fiduciary relationship- equity recognizes. One party has measure of advantage over another party- must be counteracted by making sure one party adheres to higher standard of good behavior and conscience. Fiduciary relationship is called a duty of loyalty- which isnt actually a specific duty, is essentially policy that expresses over aim of other, more detailed obligations. Two key ones are fiduciary obligation not to act in situations where there is a conflict of interest, fiduciary duty not to make a profit at the expense of the beneficiary. Not to profit from the trusteeship: In the case of Bray v Ford [1896] AC 44 it was clearly held that it is an inflexible rule of a court of equity that a person in a fiduiary position is not, unless otherwise expressly provided, entitled to make a profit; he is not allowed to put himself in a position where his interest and his duty conflict. To invest the trust funds The rule against self-dealing, etc As per Trustee Act 1956 trustee have some other rights also such as: Section38(1): Implied right of indemnity: trustee may reimburse himself or pay or discharge out of the trust property all expenses reasonably incurred in or about the execution of the trusts or powers. 38(2): no trustee shall be allowed cost for execution of trusts unless the contrary is expressly declared by the instrument creating the trust. Section 13A Duty to invest Sections 13B Duty of trustee to invest prudently Section 13C duty of certain persons to exercise special skill Not to delegate their work to others To be active To act unanimously To pay the correct beneficiaries To keep proper accounts and give information as required The right to apply to the court for directions (Fortune Manning, 2016). Conclusion As mentioned above were the duties of the trustees but in the current situation Sarah would be liable for breaching the duty of a trustee as being a trustee it was clearly mentioned that he or she should not have persnla interest an in this case she was reluctant to agree as she was thinking that selling the property may cause a short term impact on her interest. So she would be punishable for the same. 4. Issue Whether it is likely that the family trust will be opened to allow creditors to be paid with the trust assets or not? Rule Property Relationships Act Application A landmark decision of the Supreme Court released in 2016 has clarified the circumstances in which assets held in a trust may be vulnerable to relationship property claims and potentially claims by creditors. The case involved a property trust which had been settled by Mr Clayton around 13 years after commencing a relationship with Mrs Clayton. Mr and Mrs Clayton separated after a 17-year marriage and had two daughters who are the final beneficiaries of the property trust. Mr Clayton maintained that none of the assets in the trust were relationship property and that Mrs Clayton was not entitled to a division of those assets as part of the relationship property settlement. The significance of this court decision is that the Supreme Court found that the various powers which Mr Clayton enjoyed under the trust deed gave him such a degree of control over the assets of the trust that those powers were effectively property for the purposes of the Property Relationships Act. The value of those powers was equivalent to the value of the trust assets, and were relationship property and able to be divided equitably between Mr and Mrs Clayton (Herbert Smith Freehills, 2016). This decision is significant in a number of ways. First, it looks at the cumulative effect of the different provisions of the trust deed and concludes that those provisions give Mr Clayton the power to effectively deal with the trust capital and income in whatever way he chooses. Mr Clayton is the sole trustee of the trust and is also the settlor. He is a Principal Family Member under the trust deed which gave him the power of appointment of both discretionary beneficiaries and trustees. He had the power to change any provision relating to the management and administration of the trust. Most importantly, he had the power to pay or apply all of the trust capital to one or more discretionary beneficiaries (of which he was one). He could also provide for early distribution of the trust capital including to himself alone. The trust deed also contains a very broad resettlement power which means that Mr Clayton could establish a new trust for any one or more of the discretionary beneficiaries (including himself) leaving little or no capital in the property trust. The cumulative effect of these provisions gave Mr Clayton such control over trust property that the Supreme Court treated the cumulative rights as property rights of Mr Clayton for the purposes of the Property Relationships Act which are equivalent to the value of the trust assets and available to be divided under that legislation. It is possible that the same argument could be made where a liquidator is seeking to recover assets which have been settled on a trust and indeed one of the authorities relied on by the Supreme Court did arise in a liquidation case rather than a relationship property case. This decision reinforces the importance of ensuring that a trust deed is well drafted and ensures that no one person is able to control the assets of the trust in the way that Mr Clayton was able to do. It is advisable to have more than one trustee and at least one independent trustee who is not a beneficiary of the trust. It is important to ensure that the powers to appoint and remove beneficiaries and trustees cannot be used to subvert the purposes of the trust which is to provide for the final discretionary beneficiaries. In the Clayton case there were a number of provisions which removed the normal fiduciary obligations of Mr Clayton (that is the duties of good faith). The nail in the coffin for Mr Clayton was that there was no effective means of preventing him from exercising the powers he was given in favour of himself. In establishing a trust, the settlors do lose a degree of control over their assets. In many situations, client resist losing control and choose not to have an independent trustee and to have provisions similar to those in the Clayton case. This decision reinforces that such trusts are not impregnable to the claims of spouses and liquidators or other creditors. Conclusion It has been concluded that yes in some cases it can be done. 5. Part A Issue Whether to someone do the proceeds of Julians dishonesty belongs or not? Rule Corporations Act Application The proceeds of Julian would belong to the corporation and Ron from which he took money. In both New Zealand and Canada a flexible approach has been adopted in relation to relief for breach of fiduciary duty and in other contexts including breach of confidence claims. In these jurisdictions, the constructive trust is not considered to be the most appropriate remedy in the vast majority of cases (Ridge, 2016). The approach of the High Court to the award of a constructive trust in respect of gains acquired in breach of fiduciary duty has changed significantly in recent years. In earlier authorities, it was asserted that a constructive trust arises in respect of the gains and that the advantage must be held for the beneficiary. In Henry (Keith) Co v Walker (Stewart)Dixon CJ, McTiernan and Fullagar JJ indicated that any property acquired by use of the fiduciary position is held by the fiduciary in trust for the beneficiaries, whilst in Hospital Products Mason J also indicated that the fiduciary must account in equity, and the appropriate remedy is by means of a constructive trust. Conclusion Therefore, it has been mentioned above that Julian have breached his duty and therefore would be liable for the same. Part B Issue Whether A-Door is likely to be successful in an action against Ken in equity and preferable to sue for breach of contract or not? Rule Contract Law Application Oral contracts are spoken agreements that are sometimes legally binding. The problem proving an oral contract is the lack of tangible evidence. Oral contract cases often rely on the performance of one or both parties that exhibits a clear reliance on the agreement. Certain oral contracts are considered enforceable. Enforceable contracts are those which a legal remedy is offered if they are breached by either party. There are several remedies for breach of contract, such as award of damages, specific performance, rescission, and restitution. In courts of limited jurisdiction, the main remedy is an award of damages. Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts Conclusion Therefore, yes it has been concluded that A- door would be successful in making action against Ken in equity. And would be liable to get award of damages for breach. References Carey, G. (2012). Ireland: Court Confirms Restrictive Approach To Mandatory Interlocutory Injunctions. Retrieved on 23rd October 2016 from: Fortune Manning. (2016). The Duties, Office And Powers Of A Trustee. Retrieved on 23rd October 2016 from: https://www.fortunemanning.co.nz/Publications/Family+Trusts/The+Duties+Office+And+Powers+Of+A+Trustee.html Herbert Smith Freehills. (2016). Creditors and Jurisdiction Choose Wisely. Retrieved on 23rd October 2016 from: https://hsfnotes.com/pwtd/wp-content/uploads/sites/13/2016/02/HSF-Second-White-Paper.pdf https://www.mondaq.com/ireland/x/210140/Arbitration+Dispute+Resolution/Employment+Pensions+and+Benefits+Newsletter+November+2012 Moore Stephens Markhams. (2016). Trustee of a Family Trust? Are you aware of your responsibilities? Retrieved on 23rd October 2016 from: https://www.markhams.co.nz/trustee-of-a-family-trust-are-you-aware-of-your-responsibilities/ Mundsen, V. ( 2013). Variation of CharitableTrust. Retrieved on 23rd October 2016 from: https://mattersoftrust.co.nz/2013/10/13/variation-of-charitable-trust/ New Zealand legislation. ( 2016). Charities Act 2005. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/2005/0039/latest/DLM344368.html#DLM345006 New Zealand Legislation. (2016). Judicature Act 1908. Retrieved on 23rd October 2016 from: https://www.legislation.govt.nz/act/public/1908/0089/latest/DLM147653.html Ridge, P. (2016). Participatory Liability for Breach of Trust or Fiduciary Duty. Retrieved on 23rd October 2016 from: https://law.anu.edu.au/sites/all/files/users/u8613731/ridge_chapter_final.pdf Socities Trusts. (2016). Charitable Trusts. Retrieved on 23rd October 2016 from: https://www.societies.govt.nz/cad-docs/F/FS_Charitable_Trusts.html Te Puni Kokiri. ( 2016). Duties of directors/trustees. Retrieved on 23rd October 2016 from: https://www.tpk.govt.nz/en/whakamahia/effective-governance/being-a-board-member/duties-of-directorstrustees/