Trusts and equity Essay Example | Topics and Well Written Essays - 1500 words

Trusts and equity - Essay Example The first of these is the certainty of intention to create a trust. The second relates to the certainty of the subject matter. This requires a clear description of the property involved and the related beneficial interests. The last relates to certainty of objects or specification of the beneficiaries of the trust. Charitable trusts are not required to satisfy this last requirement.2 With regard to discretionary trusts, individuals who can benefit from a discretion, are initially beneficiaries as they are the possible objects of a power of appointment. However, it should be possible for the trustee to establish unambiguously, as to who is encompassed by such power of appointment. This requires certainty of criterion. In other words, the court should be able to determine with certainty whether any specific person is within the range of benefits.3 The fundamental consequence of having a trust is that it imposes a binding obligation on the trustees. In Lambe v Eames, the court held that a trust was not created, merely due to the presence of precatory words.4 In Adams v Kensington Vestry, a husband made a gift to his wife that was for her absolute use.5 The court held that a trust was not created by a testator who gave his entire property to his wife, with the understanding that she would do whatever was necessary regarding the disposal of the property. This was to be done between the children either during her lifetime or upon her demise by means of a will.6 Moreover, the court opined that the entire will had to be interpreted, although confidence could create a trust. As such, the trust relationship has to be expressed in sufficiently certain terms, so as to enable the trustee to carry out his duties. Moreover, trustees should be aware of their obligations under the trust. Strictly speaking, the settlor cannot impose a duty upon a trustee that is legally unenforceable due to its ambiguity.7 Trustees are provided with a measure of protection

Explanatory synthesis paper Essay Example | Topics and Well Written Essays - 1000 words

Explanatory synthesis paper - Essay Example It is good to note that advertisements alone are not enough. Hence, advertisers couple advertising with branding. Branding involves the forming of an outstanding and unique image of the service or product so as to make a niche out of the target group that can identify with the service or product. Advertising and branding have both merits and demerits that affect the society on which they are expressed upon. This paper looks at the effects of advertising on society. The ideas on which these effects are based upon include health, psychological appeals, creativity and economic importance. Researchers have researched on the ways by which advertisements affect people mentally. By stating mentally, it means the way in which the perspective of people in the society towards what is being advertised is affected. Depending on their education levels, gender and age, people in the society are affected differently. Baker (2001) states that, the executives of advertising companies claimed that the advertisements that are broadcast affect the interests of students as the advertisements are delivered in manner that appeals to them. Advertisers make use of various appeals like power and status, and the appeal to a certain belonging so as to ensure that the aim of the particular advertisement is attained. Agencies that are involved with regulation of advertisements have stated that various advertisements are not in accordance with the promotion of healthy eating habits. They state that advertisers take advantage of the vulnerability of school going children and teenagers to lead them into eating junk food which is a major cause of obesity. Crary (2007), states that the Campaign for a Commercial – Free Childhood indicates that the advertisement Shrek the Third promotes the undertaking of unhealthy foods which is depicted by Shrek an animated ogre. This is complicated by the fact that Shrek is used in two advertisements that tend to