Law of equity emerged

Law of equity emerged The law of equity emerged to mitigate the severity of the rules of common law . Instead of simply replacing or adding to the common law, equity grew up as a separate branch of jurisprudence, leading to a system of common law dualism The reasons for the creation of equity firstly, and secondly its distinction from the common law go back to the thirteenth century. Briefly, the law of equity developed due to the inflexibility of the common law . Claimants would only have a successful claim if the claim could be matched with an existing writ. Thus petitions for remedies were made to the King, which were in time delegated to the Chancellor, which in time was taken over by the Chancery, which was seen as separate to the common law courts. Equity thus became a kind of supplementary jurisprudence which was intended to fill up the gaps in common law Equity and common law worked separately, administered by different courts until the Judicature Act fused the different courts of equity and the common law, so that a claimant could go to a court and and have both equity and common law available to him, instead of having the two separate courts. However despite being merged in administration, the two streams of jurisdictiondid not mingle their waters , meaning that the rules and principles from equity and common law still exist separately as they did before, but are now applied by, and are available to all courts. If ever a dispute between law and equity arose, the rules of equity shall prevail , this rule is to ensure that equity actually has an application when its used to supplement the common law. Ashburners quote is proven by the trust, in which English law still draws a fundamental distinction between legal and equitable rights The trust refers to the duty or aggregate accumulation of obligations that rest upon a person described as trustee . The trustee is bound to hold the land on behalf of a beneficiary, and thus under the common law the land belongs to the trustee, equity would hold that it belongs to the beneficiary. Equity supplements but does not contradict the common law according to Lord Templeman. This issue is a source of lucrative debate, with most agreeing with Lord Templeman, but some argue that equity is contradictory in nature, Worthington suggests that because equity was applied where common law was inadequate, it follows that equitys rule would have to be different than those of the common law, which would naturally lead to conflict and contradiction . Following the Judicature Acts the debate over the nature of equity became more important, with both systems being at a judges disposal they could be conflicting than ever. Using the trust as an example, the classic point thought to be a contradiction between common law and equity is where A (trustee) is the owner in law, and B (beneficiary) is the owner in equiry. Hohfeld is one academic who believes that equity is contradictory. The example used by him is firstly to imagine what the state of things were like without equity. B would ask A told hold the land on his (Bs) behalf, however A, under common law has no obligation to do anything, A is now owner of the land and can do with it as he pleases. Similarly B has no rights over the land, he does not even have a right to be on the land. Hohfeld then goes on to imagine Parliament enacting a statute that states that A, on holding the land for B is under a duty to hold the land for Bs benefit and to not do as he pleases with it. Hohfeld states that this statute conflicts, substantively, with the common law rules, and repealed them . Thus in extending this analogy to the modern trust and equity, Hohfeld hop e to show that equity and the trust are contradictory to the common law. However Hohfeld is assuming that because equity reacts differently to a trust than common law does there is a contradiction, this is a misunderstanding of what equity is trying to achieve, which is a supplement to the common law which is not necessarily a contradiction. Equity builds upon the common law to improve it. So A must own the property in common law in order that he can fulfil Bs wishes and to protect his interests in it. B being see as the owner in equity has his superior interest in the property secured. Equity and common law are working together, proving why Maitland describes the trust as the greatest and most distinctive achievementin the field of jurisprudence Maitland disagrees with the idea of having two owners of the land, He stated that if A and B were both owners, there would be civil war and utter anarchy and there would be the contradiction that Hohfeld spoke of. According to Maitland equity never said that the cestui que trust was the owner of the land, it said that the trustee was the owner of the land but with the added burden of holding the land for the beneficiarys benefit. Furthermore if there was a contradiction here Maitland points out that the Judicature Act would have abolished the trust. Hohfeld seemed to see equity as a rival system to the common law, which we ought not to do says Maitland. Equity is more of a parasitic system, it needs the common law to survive as alone it is nothing as its doctrines and rules build upon the pre-existing common law. To take Maitlands example, if equity were to be abolished, the common law would stand up fine on its own, however if the common law were abolished, there would be anarchy. Equity was not a self-sufficient system at every point it presupposed the existence of common law. Equity does not act contrary to the common law and does not go against it, it works with it to create a more just system. In conclusion Maitland is right when he says that equity is supplementary. Equity should be seen as an addition to the common law, an added extra. The rules of equity with regards to the trust do not say that the common law is wrong, instead it adds rules on, rules that only exist within equity, so the existing common law rules can stand. With the example of a trust, the common law says A is the owner, and in equity agrees with this, but adds the fact that A must hold the property on behalf of B. Without the common law the idea of a trust would disappear completely if A could not be the owner of the land at law, or else he would not be able to fulfil his duty as trustee on the beneficiarys behalf. . Without the intervention of the trust the common law alone would allow A to do anything with the land B asked him to hold, a truly unsatisfactory and unfair outcome, equity mitigates this harshness, by building on it, it does not contradict it by creating a antithetical system.

Brand Positioning and Repositioning

Research Proposal # 1 Name of The Research Proposal: Brand Positioning & Repositioning Brand Positioning In marketing, Positioning has come to mean the process by which marketers try to create an image or identity in the minds of their target market for its product, brand, or organization. Generally, the Brand positioning process involves: 1. Defining the market in which the product or brand will compete (who the relevant buyers are) 2. Identifying the attributes (also called dimensions) that define the product ‘space' 3. Collecting information from a sample of customers about their perceptions of each product on the relevant attributes 4.Determine each product's share of mind 5. Determine each product's current location in the product space 6. Determine the target market's preferred combination of attributes (referred to as an ideal vector) 7. Examine the fit between: oThe position of your product oThe position of the ideal vector 8. Position. Characteristics of Brand Position ing Brand positioning strategy is important to develop in order to get to number one in a customer's mind for your products or services. If you don't develop a plan, customers won't think about you when they go to make a purchase.This is sure to lead to low sales and, ultimately, business failure. Here are some characteristics of brand positioning strategy that anyone can use for business: Unique Benefits What benefits does a customer gain from buying your product or services? It's not enough to develop a generic benefits list that all of your competitors offer. What unique benefits do you offer? This takes diligent research of the competition, as well as prospective customers. Your brand positioning strategy has to revolve around your customers, and what they will benefit from a relationship with your business.Otherwise, they'll go to the competition, where they perceive they can get the most for their money. Quality Products or Services The Internet has made it easy for customers to get low prices, and harder for you as a home based business owner to beat larger competitors. However, you can still occupy a higher position over large service firms and product stores by building a brand image that highlights quality products or services. For example, if you're a freelancer, you may not be able to compete on price with freelancers from other countries.However, if you're known as a freelancer who offers quality services, you'll gain a higher brand position than low-priced competitors. You might even be able to charge higher prices for higher quality services, and the higher price may help build that perception that you're offering quality, whereas your competitors are not. Great Features You need to think through the features of your products or services that would make customers choose you in the first place, and use it in all of your advertising strategy. Take the time to write a product or service description for everything you offer.Cross out the ones that d on't meet the threshold of a great feature. Even if you only have one or two points about your product or service that qualifies, you can use that to differentiate yourself from the competition and boost sales. For example, if you're selling a home security system on Ebay, it's not enough to highlight the fact that it comes with 4 cameras and a DVR. Every similar home security system does, and your customers have no reason to buy from you, rather than someone else on Ebay. However, you could highlight that the security system ends images in real time to your email. Now your product is more compelling to consider, and you'll get more sales, even from a competitor that offers a cheaper price. Problem Solver A brand positioning strategy that works well, especially during hard economic times, is positioning yourself as a problem-solver. You want to focus on offering the very best solutions for the problems your target market faces. Your customers will associate your ability to problem-s olve with your ability to save them time, money and pain, which will keep them with you and not the competition.When you use these major characteristics of a brand position strategy, you can improve sales and your financial bottom line. If you don't take the time to work on a strategy, your business won't do as well, and your marketing efforts will be counter-productive. Types of beverage Water Drinking water or potable water is water of sufficiently high quality that it can be consumed or used without risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually consumed or used in food preparation.Over large parts of the world, humans have inadequate access to potable water and use sources contaminated with disease vectors, pathogens or unacceptable levels of dissolved chemicals or suspended solids. Such water is not potable and drinki ng or using such water in food preparation leads to widespread acute and chronic illnesses and is a major cause of death in many countries. Reduction of waterborne diseases is a major public health goal in developing countries. Alcoholic beveragesAn alcoholic beverage is a drink that contains ethanol, commonly known as alcohol (although in chemistry the definition of â€Å"alcohol† includes many other compounds). Beer has been a part of human culture for 8000 years. [1] In Germany, Ireland, the United Kingdom, and many other European countries, drinking beer (and other alcoholic beverages) in a local bar or pub is a cultural tradition. [2] Non-alcoholic beverages Non-alcoholic beverages are drinks that usually contain alcohol, such as beer and wine, but contain less than 0. 5% alcohol by volume.This category includes low-alcohol beer, non-alcoholic wine, and apple cider. Soft drinks The name â€Å"soft drink† specifies a lack of alcohol by way of contrast to the term à ¢â‚¬Å"hard drink† and the term â€Å"drink†, the latter of which is nominally neutral but often carries connotations of alcoholic content. Beverages like colas, sparkling water, iced tea, lemonade, squash, and fruit punch are among the most common types of soft drinks, while hot chocolate, hot tea, coffee, milk, tap water, alcohol, and milkshakes do not fall into this classification.Many carbonated soft drinks are optionally available in versions sweetened with sugars or with non-caloric sweeteners. Hot beverages A hot beverage is any beverage which is normally served heated. This may be through the addition of a heated liquid, such as water or milk, or by directly heating the beverage itself. Some examples of hot beverages are: †¢Coffee-based beverages oCafe au lait oCappuccino oCoffee oEspresso oFrappe oFlavored coffees (mocha etc. ) oLatte †¢Hot chocolate †¢Hot cider oMulled cider †¢Gluhwein †¢Tea-based beverages oFlavored teas (chai etc. ) o Green tea oPearl milk tea oTea Herbal teas oYerba Mate †¢Roasted grain beverages oSanka Miscellanea Some substances may be called either food or drink, and accordingly may be eaten with a spoon or drunk, depending upon their thickness and solutes. †¢Buttermilk †¢Soup †¢Yogurt Beverage industries in Bangladesh Bangladesh Beverage Industry: In Bangladesh the beverage industries are playing a great role in the economy. The beverage industries involves those companies and products that are given below, The soft drinks market in Bangladesh consists mainly of seven companies. 1. Abdul Monem Limited (Coca-Cola, Sprite, Fanta). . Agriculture Marketing Company Limited (Pran). 3. Akij Group (Mojo, Lemu, Frutika). 4. Global Beverage Limited (Virgin). 5. Globe Soft Drinks Limited (Uro Cola, Uro Lemon). 6. Partex Beverage Limited (RC Cola, Lychena). 7. Transcom Beverage (Pepsi, 7up, Mirinda). Of these, Pran and Mojo are the only local brands. Coca-Cola, with its three varieti es, namely, the cola-flavored Coca-Cola, the clear-flavored Sprite and the orange-flavored Fanta, is the number one soft drink producer in Bangladesh, as well as all over the world. Closing in on Coke is rival Pepsi.Pepsi is one of the oldest brands in Bangladesh. Pepsi first arrived in Dhaka in 1976 with the cola-flavored Pepsi, the clear-flavored 7up, the orange-flavored Mirinda and later introduced the mango-flavored Slice. Pran, on the other hand, started with jam, jelly and pickle. In 1995, it started producing mango bottled juice, and is currently operating all over the country. Virgin is renowned worldwide through its brand name. It was introduced in our country by Global Beverages Ltd. RC Cola entered the Bangladesh market in 1997, and was the first to introduce the cloudy lemon flavor.It has not been long since Akij group brought out Mojo and Lemu. They have already gained huge popularity. The recent success of Akij group is Frutika, which delivers the promise of no preserv atives. Characteristics of beverage that constitute brand There should have some unique characteristics of particular product to constitute as brand in the market. A product should have some feature that gives value to the consumer. Brand attributes consist of ‘bits’ of information that are linked to a brand name in consumer memory and that, when combined with the brand name, make up brand’s image.Product attributes are the benefits of products, and these Benefits are the surface means used in advertisement and promotion offer to connect the brand with a motivation which influence brand attitude. Perceived quality is defined as the consumer's judgment about a product's overall excellence or superiority. Attributes, Taste/Flavor, Digestion, Calorie Content, Sugar Content, Pungency, Price, Color, Hygiene, Brand Image and Power of Freshness were taken into consideration for constituting brand.

America s Growing Coffee Since Colonial Times - 1723 Words

Rwandans have been growing coffee since colonial times, but until 1999 the product was classed below Grade C, making it unsalable on the global markets.[1][2] The farmers did not have the means to wash and prepare their coffee cherries to specifications in a timely manner. Buyers paid US$0.33 per kilogram, a price that kept the farmers poor.[3] In 1999, 220 coffee growers formed an association in the Maraba district (part of the former Butare Province) to tackle this problem. Many of these farmers had lost family members during the 1994 genocide, while others had husbands in prison, accused of participating in the killings and due to face trial in the traditional gacaca courts.[4] They named the association Abahuzamugambi, a Kinyarwanda†¦show more content†¦PEARL started working with Abahuzamugambi in February 2001 to improve the coffee quality to standards required by the specialty coffee market in the United States.[5] The coffee farmers of Maraba first needed a washing station to remove sugar from the coating of the coffee bean, under the skin. If this sugar is not removed within 12 hours of picking, the flavour of the coffee is impaired.[6] They built the first station in July 2001 in the Cyarumbo sector, close to the main road, with funding from UNR, the Office des Cultures Industrielles du Rwanda (OCIR-Cafà ©), ACDI/VOCA, and the Institut des Sciences Agronomiques du Rwanda (ISAR). The opening was late in the harvest season, so only 200 kilograms (441 lb) of that year s harvest were suitable for washing. However, the results were reasonably good, and the station was upgraded to allow more coffee to be processed in 2002. To bring mineral water from Mount Huye to the upgraded station, ACDI/VOCA helped fund a pipeline, which opened in March 2002.[5] A new certification system was introduced for the 2002 harvest to ensure that beans brought to the station were of suitable quality. Around half of the Abahuzamugambi membership attained the certification, which allowed the cooperative to look for serious buyers in the specialty markets of Europe and North America.[5] International acceptance[edit] The Cyarumba washing station PEARL brought a