Equity and Trust in UK Essay -- fully secret trust, half-secret trust

Consider the validity and effect of the following two clauses in the will of Dan: a) ‘I leave my cottage, at 42 Drumsesk Road, to my friend Gurpreet in full confidence that he will dispose of it in accordance with the instructions given to him during my lifetime’. Just before Dan signed the will, he told Gurpreet that he had left a ‘sum of money’ in the will to Gurpreet which he wanted him to hold for the benefit of Jenny. Gurpreet witnessed the will. Jenny died two days before Dan leaving two children. b) ‘I leave my residuary estate to my brothers Ken and Sam jointly’. A few days before the execution of the will Dan gave Ken a sealed envelope, saying ‘these are some instructions I want you and Sam to carry out when I die’. Ken replied ‘you know you can rely on me – if it’s fine with Sam it’s fine with me’. A year later Sam and Dan were killed in a car accident. The sealed envelope says that Dan wa nted his residuary estate to pass to his youngest son Joseph. Advise the executors of Dan’s will. Secret trust evolved as a response act to the Wills Act 1837 and was originally created to prevent fraud. As the House of Lords held that equity will not allow a statute to be used as an instrument of fraud by the secret trustee . It is a concealed arrangement made between a testator and the trustee and is made to come into force after death. A justification for ST is the ‘dehors the will’ theory which means the trusts arise outside of the will - a inter vivos trust. Its purpose is to benefit another individual that hasn’t been written in the formal will. The testator will leave property to the trustee under the will with the understanding that they will hold the property as a gift for which they will then later on be expected to pas... ...y to the real beneficiary. Therefore implying that regardless of Sam’s passing away, as Ken had obtained consent on her behalf, before the testator died, the trust will still proceed, and Joseph will obtain Dan’s residuary estate. After establishing that this trust is a FST, one must again asses as to whether this trust fulfils all the requirements needed to become binding. Intention was established when Dan gave Ken the sealed envelope with the terms of the trust. Communication was proven when Ken and Dan had an oral conversation in regards to the terms of the trust, Communication was also proven as in Re Keen stated that envelope and letter stating the terms was seen as sufficient amount of communication. Finally acceptance was proven when Ken stated â€Å"you know you can rely on me†. Concluding that the FST is binding, and Joseph will indeed receive the trust.

Cafe Coffee Day Essay

Introduction The given case is based on CCD the largest coffee retailer in India. It started operation since 1996 by V.G Sinddharth. CCD pioneered the cafà © concept in India by year 2000 the company had only 14 outlets in 6 cities. It was after year 2000 the company started on a massive expansion program that has been it set up nearly 1000 outlets in India in ten years. The cafà © coffee day is owned by ABC Ltd which is the largest producer of Arabic coffee in Asia. There were many move made by cafà © coffee day. It was cafà © coffee day the made coffee drinking popular among India youth by offering a brand experience environment and other value addition. There is much different type of formats for its cafà ©s like High street cafà ©, garden cafà ©, mall cafà ©, Highways cafà © etc. Cafà © coffee day today has become the largest youth aggregate for a marketing. Stand point the success has come by focusing on 3’A: Accessibility, Affordalibility, and Acceptability coined by â€Å" Bidisha Nagaraj, the marketing president of cafà © coffee day. The amalgamated bean is among India’s top two coffee producers exporters with 10500 acres of coffee plantations in chik magalur company has 3 formats to focus on its customers cafà © coffee day lounge the premium format for the elite customers. The cafà © coffee day square the cafà © coffee day for the large number for the large number of regular customers. Review of literature The coffee market in India has been growing due to the demand for ready to drink coffee and it has become a part of an individual’s daily concepts basket. It is cafà © coffee day that understand the changing trends in the tastes and preferences of the consumers. Cafà © coffee day is no longer the place for just some coffee cookie and music. In a survey done by brand equity (economic times), the consumer ranked cafà © coffee day to be the 22nd place most trusted service brand of the country 2014 compared to that 2013. The main expertise of cafà © coffee day is in the service retailing of the coffee while they carry out operation sector also.  The role of service employees is very important for the success of any services organization, especially those that process people and internal marketing can help firms to deliver service excellence. Service excellence means delivering what the customer wants at the first encounter for cafà © coffee day there is a lot of competition in the leverage industry. The newly emerged player TATA Starbucks Ltd Starbucks expanded its presence to Delhi in January 2013 by opening two outlets at terminats3of the Indira Gandhi international airport and later it  opened a combination of standard outlets located at malls, airports, metro station, and other various commercial complexes. It took six years for cafà © coffee day to open 35 outlets on other hand the star buck-TATA alliance is planning to half century in a little more than a year. There were already competitors like Barista, java green, and Macho. Parts from Starbuck there are various international players like Costa coffee, Illcafe etc. which are trying to enter the Indian market. These market situations have a deep impact on the operations of cafà © coffee day to gain back its lost customers and also to get the potential customers do so. One central problem that has retarded the growth of the coffee business is the quality of staff available in the sector. Like the rest of the retail sector getting good staff training them in coffee and service aspects and retaining them is a costly undertaking. Analyst estimates that there is a turnover of around 40 per cent for the industry among the highest in the organized business sector. To sustain the present customer: In the marketing context it is said that the relations with the customer should be such that don’t have to go to the competitors. So the needful renovations should be bought into consideration To maintain the standard: The coffee chain businesses have been many changes since their start. The standardization is where they fail badly. The taste of a coffee or snacks being offered outside the main outlets is rarely the same as compared to those being provided in the main outlet. Make effective marketing strategies : The prime concern of the cafà © coffee day outlets should be based upon the 7p’s of the service marketing mix so as to get the best of the marketing result.  Cutting down prices:- The prices should be sliced down so that even if CCD are operating in rural areas their sales will rise. Moreover people should not think twice before enjoying their coffee in ambient environment. Flexible menu:- The menu of CCD should evolve their menu constantly after certain period of time. Maintaining their key status i.e coffee , their should be additions to local tastes in terms of eatables. This strategy will surely attract people. For the purpose of the study two research tools can be used both questionnaire ,to find out the primary data pertaining to functioning and working of CCD with reference to consumer perception and sales strategy. The data will be provided by asking:1.The management of CCD. 2.The consumers that are visiting CCD outlets. Besides collecting the primary data through questionnaire , secondary data will also be collected through magazines, journals ,books , internet . Based on both the data , analysis will be done in the areas of excellence and areas of improvement. The areas of excellence and improvement will be identified on factual information in which recommendations and suggestions will be provided for the overall improvement of the organization. The study will be conducted in CCD of LPU and phagwara. Research Design Types of Research:- Descriptive research. Descriptive research includes surveys and fact findings enquiries of different kinds. The main characteristic of this research is that the researcher has no control over the variables; he can only report what is happening or what has happened already. Data Source The data is collected from both primary and secondary sources. a. Primary sources:= The data will be collected from at least 50 respondents directly. b. Secondary sources:- The secondary data will be collected via online , sales department of CCD and CCD product manuals. Questionnaire Design Appropriate questionnaire will be formed with relevant questions. The questionnaire will help the interviewer to take the interview or take a proper direction. The questionnaire will act as a guide to interviewer to collect all the necessary information and input from the costumer so that the better feedback of the costumer and information about brand awareness can be properly collected. Questionnaire:- The questions that will be presented to costumers will either be open ended or close ended. Open ended:- Allows respondents to answer in their own words and are difficult to interpret and tabulate. Close ended:- Pre specify all the possible answers and are easy to interpret and tabulate. Types Of Questions Included Dichotomous Questions:- Which has only two answers ‘yes’ or ‘no’. Multiple choice :- Costumer is offered more than two options. Importance scale:- A scale that rates the importance of some attribute. Rating scale:- A scale that rates the attribute from ‘highly satisfied’ to ‘highly unsatisfied’ and ‘very inefficient’ to ‘ very efficient’. Sample Design Who is to be surveyed? The market researcher must define the target population that will be sampled. The a sample units that will be taken are:- general public of different age groups , different gender and different genders . Reference 1. Aaker, David,† Building Strong Brands† ,The Free Press, Printed in the United States Of America, Year 1996. 2. Aaker, David,† Strategic Brand Management† ,Prentice Hall, Printed in the United States Of America, Year 1989. Toshowe, Stanley, The Marketing Review – Cafà © Retail, The India chapter, Volume86, Number 336, Jan’2005, page-36. www.cafecoffeeday.com – Search engines – Case Study International coffee organization- Total production of exporting countries. http://www.indiacoffee.org/coffeeinindia/database-jan-2007.htm coffee board of indiadatabase on coffee. 8. A .Santa Ram. Breeding coffee for leaf rust resistance the Indian experience. 9. http://www.indiacoffee.org/coffeeinindia/database_may07-1.pdf coffee board of India area, production, and productivity.

Hyundai Commercial Analysis Essay - 988 Words

The Hyundai commercial caught my attention due to its interesting plot. It seems to be a typical car advertisement until you look at it with deeper thought. The situation reveals something totally opposite of what they actually meant to do. Hyundai may have known exactly what they were doing, putting an advertisement out there that would not be easily forgotten. However the impact of this message can be an extremely negative image for Hyundai. The image they end up portraying can cause extremely negative publicity or send people the wrong message. Portraying the message that committing suicide is both acceptable and can be extremely easy. The advertisement I’ve picked ended up being the Hyundai commercial attempting to sell their new air†¦show more content†¦This is saying that suicide is okay, and they should not be sending this out. Suicide is already a rising issue in our society and we don’t need to make it socially acceptable. It seems to glamorize the act of committing suicide instead of showing the true effects of suicide. Also, true side effects of suicide effects more than just the people killing themselves, it travels over into the lives of friends and family. People who are entirely innocent begin to blame themselves for the act of one person who chose they didn’t want to live any more. It shows us that it is actually a peaceful way for one to kill themselves. Nevertheless, the man never struggles or experiences any pain that we can see. Hyundai shows us a nice house and a shiny new car no apparent signs of him having a reason to commit suicide. This message shows people that c ommitting suicide is something you can do, as if it’s acceptable. Suicide is not something that should be considered acceptable in any way. It affects more people than just the one committing the act. This advertisement also opens up new options for people who couldn’t precisely chose how they wanted to kill themselves; perhaps the only thing keeping them back was the fact they were scared it would hurt and now they have an advertisement that makes it look easy and painless. Statics show the average young adult spendsShow MoreRelatedHistory Development And Growth Of Hyundai Motors1634 Words   |  7 PagesHistory Development and Growth of Hyundai Motors Hyundai Motor Company is an international automobile design and manufacturing firm which is based in Korea. The company has several subsidiaries with operations in other countries such as America, China, Russia and other smaller sales outlets all over the world. The major focus of the company is in the design, development as well as manufacture of automobiles and also the crucial parts of motor vehicles. It has a close focus in the heavy duty automobilesRead MoreAs An Audience That Enjoys Media Entertainment, We Find1205 Words   |  5 Pagesevery year to see what commercials will appear during the Super Bowl. Last year s Super Bowl featured various commercials that target particular audiences requiring a great deal of planning and meticulous execution. Thus, audiences that enjoy these commercials become part of more than just the game; they are given an opportunity to become part of a bigger picture by analyzing what message the composer is attempting to persuade to the public. As I reflect on these commercials, I want to understandRead MoreMahindra E20 Case analysis1636 Words   |  7 Pagesï » ¿ Contents I. Introduction II. SWOT Analysis III. Marketing Mix Strategy of Mahindra E20 IV. Market Share and Sales Analysis V. Conclusion Introduction: Mahindra e20, previously called Reva NXR, it is an urban electric car hatchback, manufactured by Mahindra Reva Electric Vehicles. E20 is the successor of REVA G-Wiz successor and was developed by basing REVA’s technology. E20 was launched in India in March 2013 at a price range of Rs 6.5 lakh to Rs 8.5 lakhRead MoreFear and Sex Appeal of Advertising810 Words   |  3 PagesThat is why advertising often appeals to such base, human instincts as fear and sex. The sexual element of the one-sided appeal of the Secret Deodorant commercial entitled Fear of Being Exposed is evidenced by the use of a young, slender beautiful woman in a party dress lifting up her arms and looking seductively at the camera. The deodorant commercial suggests to the targeted woman consumer that she wants to be desirable, which means selecting a deodorant that does not leave heavy build-up under theRead MorePrescription Heroin Is A Treatment For Other Treatment Essay834 Words   |  4 Pagesup in a steril e environment helps visualize what they are trying to do. If this were the selling point for the article, I believe they would sell several on the idea. TV Commercial Analysis https://www.youtube.com/watch?v=-R_483zeVF8 I watched a commercial for car finder by Hyundai Genesis. In the commercial Chris Hart lets a boy that is taking his daughter on a date, take his new car. Little does the boy know, Chris Hart has the Finder linked to his smart watch. While on theRead MoreCompany Analysis : L Brands Essay1580 Words   |  7 Pagesthem gain a competitive advantage over other firms in the industry. A competitive advantage is the ability of a firm to consistently earn profits above the industry average. A DuPont Analysis of a firm and its competitors helps to determine whether a firm is experiencing a competitive advantage. A DuPont Analysis shows the Return on Equity (ROE) of a firm. This is a good measure of its profitability. DuPont Analyses also provide a breakdown of ROE to examine the source of any profitability. Read MoreThe Entry Mode Strategy Of Hyundai, A Korean Multinational Automobile Manufacturer2631 Words   |  11 Pagesintroduce the entry mode strategy of Hyundai, a Korean M ultinational automobile manufacturer. Having reviewed the history of Hyundai and its classical marketing cases, the entry mode of Hyundai is analyzed from four aspects, which covers pricing strategy, market segmentation strategy, branding strategy and commercial service strategy. All the above strategies are based on its marketing and advertising campaign in Chinese market. Through these analyses, the reason that Hyundai obtained its success under presentRead MoreCompany Analysis Report : Automotive Industry858 Words   |  4 PagesCompany Analysis Report Assignment: Automotive Industry Ford The automotive industry includes all companies and organizations that contributed in the design, manufacturing, marketing, and selling of a wide variety of motor vehicles. Many global vehicles and auto part manufacturers are home to the United States. Besides, the automotive sector in United States globally is one of the largest economic sectors by revenue. Looking back at the automotive industry trends in 2015, it seemed that most automotiveRead MoreSwot Analysis Of Hyundai Motor Company Swot3090 Words   |  13 PagesAssessment Task One Background Case Study 1. SWOT analysis Hyundai Strengths Weaknesses Serving Worldwide Research and development Shortage of spare parts Product recalls Opportunities Threats Develop fuel efficient cars Provide training to dealers Exchange rates Competition (Hyundai Motor Company, 2015) GM Strengths Weaknesses Strong brand portfolio Strong presence in China High cost structure Brand dilution Opportunities Threats Positive attitude towards â€Å"green† vehicles Changing customerRead MoreHyundai : Hyundai Situational Analysis Essay3280 Words   |  14 PagesMarketing 101 Hyundai Situational Analysis Name: Ella Griffin Course: Mark101 Student ID: 300291938 Tutor: Andrea Khor Due Date: Thursday 25 September 12pm. Word Count: 1. Executive Summary The Hyundai brand as a whole has grown swiftly into a global auto industry powerhouse. But first and foremost, Hyundai is a New Zealand is a New Zealand company. All of Hyundai’s dealerships and heap office are 100% operated and owned by New Zealanders and that is something that the franchises prides