Trust

My squad members and I prepared a undertaking to organize a charitable administration known as Hope and aid charitable trust. It is an administration being run to assist and favor the aged people, new migrator to happen occupations, cut down communicating barriers between the communities by learning them communicating accomplishments.

I have a complete squad full of accomplishments that can execute their different responsibilities to run the administration swimmingly. My squad used assorted techniques such as SWOT analysis, BCG matrix, fish bone analysis, Giant chart etc. I used my experience and accomplishments to finish my undertaking and even I used my accomplishments to assist my squad members whenever required at assorted stairss to finish the undertakings. I helped in raising some financess besides for my squad, assorted other beginnings were used to raise financess to run into our disbursals. Some of the services were rendered free of cost that is voluntarily by our squad members.

Time agenda was managed in conformity with in convenience of all of our squad members and clients. Assorted groups were formed to give best services. A through research was done on how to run the complete undertaking. Assorted other groups and administrations were contacted and consulted to run our trust swimmingly. The jobs we faced were studied and discussed with in our squad and if required with other expertness besides for acquiring good consequences.

I personally helped with my suggestions to my squad members to work out the jobs on my experiences I had in past such as raising of financess, organizing transit, and I took myself inaugural to happen solution when of all time my squad was stuck on any issues. I used my past experience in making the decisions excessively.

Introduction

I would wish to present that I have been assigned group figure 3. My group includes 5 members including me. We all divided our undertaking into little parts of responsibilities to do it easy and convenient. My group members are Kulwindr kaur, Hardeep kaur, Jaskarn Singh, and Harpinder Singh. I worked on issues related to different civilizations of communities. I have experience of different civilizations of different provinces as I have lived in assorted parts of my state. I am cognizant of the behavior of different people, their imposts, some of their wonts, their beliefs, festivals etc. My experience helped my squad member ‘s batch to finish this survey.

Purpose of survey

The applied direction is to research our accomplishments and use them in pull offing a undertaking or undertaking assigned to us. I have decided to organize and pull off an administration that will assist assorted community people.

The undertaking is approximately, how to run a societal and welfare administration known as HOPE AND CHARITABLE TRUST. It ‘s chief aim is to assist the society seniors and new immigrant reachings. The survey was completed to organize a charitable administration. The chief aims of administration are to favor the aged people, assist new migrator to happen occupations, cut down communicating barriers between the communities.

We are a complete squad of 5 members including me with their different responsibilities to run the administration swimmingly. We used assorted techniques such as SWOT analysis, BCG matrix, fish bone analysis, Giant chart, college tutorial notes and our experiences etc to finish this survey.

I suggested my squad to organize the fund from assorted beginnings to run into our disbursals. Some of the services were rendered free of cost, voluntarily by our squad members. Time agenda was managed in conformity with in convenience of all of our squad members and clients. Assorted groups were formed to give best services. A through research was done on how to run the complete undertaking. Assorted other groups and administrations were contacted and consulted to run our trust swimmingly.

The jobs we faced while finishing this undertaking were studied and discussed with in our squad and if required with other expertness besides for acquiring good consequences. I expressed my positions on my experience to happen better solutions. I experienced that communicating is greatest barrier that should be sorted out with in different communities and civilizations of different people. It is about to do their life easy by learning them the needed degree of English. Making them cognizant about how to pass on with other community people.

Some cognition of their vicinity, local country cognition so that they can travel about and run into their basic demands such as library, infirmary, coach Michigans, Parkss nearest shopping country etc.

To transport on these activities my group of experts was assigned assorted responsibilities to execute to make our end. We divided our responsibilities in little parts such as from roll uping informations, reaching the people, garnering information about what will be their basic demands, pull offing the clip, discoursing between all of my squad members about the jobs, seeking suggestions on assorted subjects and so making to decisions etc.

Every squad member ‘s sentiment was considered and listened exhaustively and so compared with other sentiments to make effectual decisions. Family members of the aged people and childs were contacted to derive their consent and guarantee them that privateness will be maintained if required.

I suggested to ask for assorted other trusts to take part so the societal work for world can be carried easy and every one in society can profit organize it.

Hardeep and I approached local newspapers and requested to publicize the events we are transporting. Even other authorities and economical bureaus were requested to supply some support to transport on our administration activities and fund were raised signifier other beginnings. We besides raised financess from assorted shows and stables at our community topographic points and shopping composites. We worked as squad and tried to assist each other in finishing their activities they were assigned.

Main organic structure

Pull offing the undertaking

I suggested organizing a societal administration that can assist our aged people and childs to settle down in new environment after migration to this state. Every one was happy and considered earnestly my suggestion and eventually decided that we will work on this rubric.

We organised ourselves as group figure 3 consisting of five members in our group as follow: –

Narinder Kaur, Kulwinder Kaur, Hardeep Kaur, Jaskanwar Singh, Harpinder Singh

The job designation with principle was scheduled by Kulwinder kaur. Harpinder Singh was scheduled to organize undertaking program included range, resources and job work outing theoretical account to be used. Jaskanwar Singh was scheduled to research methods and Hardeep Kaur and my ego ( Narinder Kaur ) did treat the jobs of civilization, financess and transit. I put my ego in front of all doing my squad members aware of my expertness and accomplishments that I have gained in yesteryear in my place state while populating at different topographic points within different civilizations of society. After we completed the initial procedure of make up one’s minding the administration name and the squad members who are traveling to work in it with their responsibilities and duties, we decided to discusses on subject about the jobs we are traveling to confront, findings, decisions, recommendations. We had unfastened treatment on every subject and reviewed the constructs if the alterations were required. Then my squad drafted the study for concluding unfastened treatment to jointly corroborate the subjects and doing of assignment.

Own Role as mentioned above I had really effectual function in this assignment from garnering the information about different societies populating in the country and about their civilization up to pull offing the financess and transit. My good cognition around the country helped my squad a batch in garnering the natural information about people wonts, attitude, their demands like linguistic communication barriers etc. this saved batch of clip.

Our squad worked in a group in our formed trust: Hope and Help charitable trust. It is at Papatoe-toe ( south Auckland ) . I am working on civilization. I went to other trust supplying same installations in Papatoe-toe ; to see how I can preform and derive experience. I met their different sort of people coming from assorted parts of India. I took permission from the director. He introduced me to assorted people while the java nine was traveling. Another clip when I went there the English category was traveling people were larning basic of communicating and reading etc. Their I came to cognize that people differ with each other in assorted facets like nutrient, civilization, acclivity, linguistic communication etc. the biggest difference I noticed was the difference between eastern and western civilization that is the difference between Indian civilization and New Zealand civilization, that usually immigrant people face. Hardeep Kaur and I decided to work on the same subject of cultural difference in our Hope and aid Charitable trust.

We decided to do people cognizant of the cultural difference and learn them about new civilization. We decided to do them aware of how to accommodate the new civilization. After finishing our undertaking based on our experience we came to cognize that aged people need more consciousness on cultural and cultural activities of New Zealand. They suffer from linguistic communication barriers and they truly needed aid.

Team function & A ; Team member effects

My group figure 3 consisting of 5 members named Narinder, Kulwinder, Hardeep, Jaskanwar, Harpinder had their single functions to finish this assignment. The job designation with principle was scheduled to Kulwinder. Harpinder was scheduled undertaking program including range, resources and job work outing theoretical accounts to be used. Jaskarn was scheduled research methods and procedure. The information aggregation and issues related to civilization was assigned to me ( Narinder ) . The remainder of portion 1 and portion 2 was completed with Co-operation of all the members of the group. Regular meeting was held to happen effectual solutions.

Part 1

25 August we did foremost run intoing about grind analysis and elephantine charts after finish the category.

6 September our full group member down their assignment portion, which we have divided our group member that determination, we did at Hardeep kaur house and we did assignment portion 1

Part 2

11 October we once more met at kulvinder kaur house to make place the job and we did speak about our charity which job we faced.

18 October we discussed BCG matrix at my place.

20 October we had a meeting at our college and discussed the KPI ( cardinal public presentation index ) .

My other squad members organised to roll up informations about the people who need these services. Working kids of senior people were managed to understand that their parents experience place sick or they need to larn BASIC of the new civilization, country and society. While they are at work their parents need attending. They were made aware of how their parents will profit from the administration. The seniors were taught with slow and steady mode so that they can larn merely what is required.

Different cultural people were invited at assorted events so that they can portion their positions and larn new thing that is most effectual in larning technique. Some nutrient stables were set up at assorted events so that they could larn about assorted nutrients of other civilizations. The aged people were made aware of that it is their demand to acquire some basic cognition about the country they live in and the civilization around their countries so that they can acquire easy adjusted with in new civilization.

We got some transcribers who can voluntaries come and assist in doing it easier to cut down the communicating barriers. We used assorted schemes to transport on our occupations such as educate them and do them aware about the Hope and charitable trust. Teaching them English, approximately numeracy, currency, banking and how to pass on. Organise assorted workshops where they can sit and chew the fat with immature coevals. Supply them driving lessons local Aress. Making them cognizant how to cover with assorted authorities bureaus

We tried to derive maximal support from household members of the aged people and childs. We invited assorted other trusts to take part so the societal work for world can be carried easy and every one in society can profit organize it. Assorted local newspapers were requested to publicize the events we are transporting. Even authorities was requested to supply some support to transport on our administration activities and fund were raised signifier other beginnings. Were worked as squad and tried to assist each other in finishing their activities they were assigned.

Apart my specific function I helped in assorted activities such as in over sing the purpose of our administration and assisting Kulwinder in making so. Deciding the job, which we used to discourse every twenty-four hours in our meetings, supplying my positions to happen best solution. I managed clip agenda. I looked into the transit of aged people and to supply them cognition of local transit, timings of coachs and trains. I managed to organize their pick-ups from their place and drop them back. I tried to pull off some of my voluntary friends who had autos or new waves and can assist my administration. They used to supply free transit to our clients.

Identified jobs

While transporting on our responsibilities we faced jobs such as clip direction, financess, aggregation of informations about the people who need these services. The difference in civilization was a large barrier to finish this undertaking as assorted immigrants specially aged people lack English. Communication barriers between assorted cultural groups made the occupation spot hard. Different spiritual beliefs, different nutrient gustatory sensation etc are besides assorted factors that made it more competitory. Lack of engagement by people besides made it seize with teeth difficult to transport on our activities. Time was greatest factor set uping my squad as we all had short clip to finish this assignment.

Procedure of solutions

Our expert squad members managed solution to assorted jobs. Some of illustrations are such as the intent of our administration was managed by all of our squad members. Group member scheduled the construction of our administration. We all communicated in honest and unfastened manner so that the needed consequence could be achieved. I encouraged my squad members on their treatment and positions they provided. This practise helped in supervising each other activities and supplying suggestions and edifice trust on each other. My squad how so of all time managed to finish this in scheduled clip frame but still in future I would state that we have to be organised specifically with our clip for better consequences.

My squad member ‘s determinations that I agreed to I supported my consent to assorted determinations of my squad members about our clear motivation, single functions, unfastened treatments, adhering and showing corporate ides to happen better solution, repute of constitution, clip agenda, communicating with each of our squad members, back uping them. I agreed on utilizing the experiences and accomplishments of each other. We all agreed to follow some of the schemes while completing the assignment. My squad at some phases used following Schemes such as Swot Analysis and BCG matrix technique scheme was organised and studied and implemented by all of our squad members. The job resolution was discussed and solution found by all of us in our squad, five measure job resolution and squad the proper clip was rostered implemented the purpose of trust so that everyone can come to take and give his or her lessons. We organised assorted stables and events at assorted maps, shopping Centres to raise financess to transport on our administration activities and to supply assorted installations to people. We used to hold a brief meeting within all of our squad members to run our twenty-four hours to twenty-four hours activities and to make certain determination.

Recommendation

My couples and I worked otherwise to do the plan easier for aged people. We discussed on how to do them larn and understand the new cultural difference. I practically tried to set up meeting with other aged peoples of different civilization. The get together were arranged such as little map or sitting together and chat and a cup of java or tea with some bites. I personally recommended the practical instruction that is blending of two or four people, sitting together and with aid of translator discoursing on nutrient, civilization, country cognition etc.

It is the most of import portion of the assignment that helps in future. This recommendations can be used in farther activates if required by groups. As I have mentioned above about the clip direction, we had to finish this in really short clip p. This put batch of force per unit area on all of squad members. The force per unit area of clip frame being non plenty to team resulted in confrontation at some phases. Though they were resolved ASAP. But still it matters if there is adequate clip and the program is organised harmonizing to that.

This undertaking being practical I would state that my squad needed more clip as we had to travel out in local Aress to roll up the information ‘s and so transport group treatment on that collected information to make to certain nonsubjective. In future assignment I would instead prefer to be really organized and utilize some other techniques to work out the jobs.

I would urge to do anterior assignment on phone with household members of the aged people alternatively of strike harding door to door, the one our squad did this clip. This consequence in salvaging more clip by repairing anterior assignments. While doing assignment we can take their consent besides for engagement of their aged parents. Which in this assignment had to make after reaching the aged and destitute people.

Restrictions

We had to travel in front with in assorted regulations and ordinances from authorities. Authenticity of trust was to be created in heads and Black Marias of people. Limited beginnings of financess. Cultural spread and different behaviors of cultural groups are certain restrictions. I would state we would hold squad of atleast 10 members that will split our work and salvage clip because this we had to be multitask being less in figure. I would propose traveling and go toing a short workshop with any other similar administration to increase our ability to execute. As we had many restrictions during this undertaking such as clip, adult male power, information, and computing machine installations.

Decisions

The trust we formed seems to be good to all of new immigrants particularly the aged who have nowhere to travel and pass the clip. We tried to make involvement among them and their households to diminish the barrier of communicating, solitariness, understanding of new civilization, country cognition and BASIC of about how to confront the jobs while they are new in the state. This is concluded that we learn esteeming each other feelings, sharing life experiences. I learnt how to be organised with my squad. I learned assorted agreements for fund elevation. This should be done before the start of undertaking to run into the disbursals.

To what extent to give us the truth? Most of the things we know are based on a life-long series of observations and experiments through our own senses. Without our senses, social interactions and critical thinking would be impossible, leaving us only with inexplicable emotions, a close state to nothingness. Despite its significance, however, our senses have limitations ranges from our dependency to language to our own biological limitations. Human beings are inherently provided with these inevitable limitations.

We therefore, as well-educated individuals, must not completely trust our senses as it can easily be deceived. Our dependence on language distorts what our senses are truly getting. In a simple context of analyzing an art piece, for instance in the process of analyzing the nuance of the work, our interpretations of what we see tend to be bounded with the language that we know. Without the use of language, in this context, the art piece will remain abstract in our mind. The emotions that we get from viewing the art piece, for example, can be described with adjectives.

In a wider sense, language influences the way we think. I have encountered an experience where my short eyesight (I need glasses to see “normally”) gave a misleading account to an event. I was in an art convention center with my friend; the place was covered with a realistically structured fake plastic trees. It was part of the art works being exhibited. In the end of the expo I said to my friend, “Nice right! Such great pieces of art shown there! Especially the trees, how on earth can they grow it to form such structure”.

My friend, whose vision is “normal”, told me that it the trees were forgeries. I wasn’t using my glasses at the moment, If I was then I would’ve reacted differently. Biological capabilities limit what we are able to sense and perceive. There are still many factors such as spacial familiarity, past experience; our tendency to see or hear what we expect rather than what really happen; optical illusions or social and cultural conditioning that aren’t being discussed, but also a limitation of our senses.

Although with the chance of getting false knowledge, what important is that we develop critical thinking skills to distinguish between good and bad reasoning. Examining our own perspectives, using our own senses perhaps, and comparing them to those of others and to see what we learn from it is what important rather than abstaining from the pursuit of knowledge due to the limitations of our senses.

Building Trust within a Group Mgt/521 When working in teams I have found that team members have to earn trust from one another. It helps that everyone in the group has the same goal and in the end wants to achieve the same things. Trust is built when everyone is engaged and there is plenty of communication and involvement from each team member. There has to be a lot of give and take. Trust is built starting from small assignments and each individual doing their part. Trust can easy be lost right away if someone in the group is not participating to achieve the end goal.

It is important to keep trust among team members by staying involved, communicating, and working together. The weight of the team projects must be evenly dispersed throughout team members. If one team member is going more than others, trust can be lost. Trust is very complex and has multiple layers. Although trust is a major factor in interpersonal relationships, there has been relatively little research done on the topic. Trust emerges and changes in situations that are difficult to observe and study, such as in “strain test” situations (Holmes, 1981).

Strain test situations are when on individual’s outcomes is dependent on his or her partner, but the actions that would promote the individual’s own interests differ than what would benefit the partner. I think this goes back to the give and take scenario and doing what is best for the group, not just one individual. References Holmes, J. G. (1981). The exchange process in close relationships: Micro behavior and macro motives. In M. J. Lerner & S. C. Lerner (Eds. ), the justice motive in social behavior (pp. 261–284). New York: Plenum. Current Directions in Psychological Science, (2007, Oct 01); 16(5); p264 5p.

Mankind shares psychological phenomena known as emotion that is a natural state of mind deriving from a person. By means of this special ability, trusting our emotions in the pursuit of knowledge can be questioned, as it is a circumstance that involves only an individual, there might be an increasing chance of being invalid. This generalization can be countered by the fact there can be influences of emotion in pursuing knowledge in many cases such as in two particular Areas of Knowledge: History and Natural Science.

As such, the knowledge issues rose: To what extent does emotion hinder our acquisition of knowledge? This question examines what role emotion play in the pursuit of knowledge and whether or not emotion is a source of knowledge or otherwise, an obstacle to knowledge. In history, the sense of trusting emotions in the process of knowledge acquisition in History as a discourse is rarely ideal. The explanation for this is that emotions can wrongly paint our perceptions for proofs to prop historical facts and events.

When referring to emotions, it is possible to develop a negative attitude from the evidence presented. There can be of a lot of benefits of the study in history discourse. History aids in understanding what is being studied, give insight of who did it and the approximate or the actual period a study or event occurred. Emotions restrain and influence rationality and thereby leading to distorted history and false facts.

An example of emotion is probable forces involving the trial David Irving Vs.Deborah Lipstadt and Penguin publishers. David was accused of being a racist and anti-Semitic by claiming that Holocaust never happened. During a trial, he came up with the evidence to prop his claim that Holocaust never happened. In his evidence, he claimed that there was no official plan or policy to put the Jewish race into termination though there was a proof of the Wansee conference where the Nazis met to plan against the Jews.

In the trial, the court was also notified that he used to sing a racist song to his daughters2and based on this fact therefore, one can deduct that he had confirmation biasness owing from his emotions (hatred), towards Jewish race. This biasness therefore, masked the facts of the Holocaust causing the defendant to see things from one dimension which impacted on his judgment and reasoning. Irving was even consistence in his bias by claiming that the gas chambers were not met to exterminate humans but was for delousing. This claim was then discredited by doctors and remained as a conflictive issue.

From this point therefore, emotions are not trustworthy in the process of acquisition of knowledge in history. Whilst emotions may negatively impact the history leading to distortion, some emotions can have a positive impact on history as a discourse. These emotions of liking and enthusiasm towards an event, thing, place or group may make one develop the sense of searching for more knowledge concerning the subject and therefore this leads to one quest for unearthing the deep hidden facts on the subject and hence producing facts require in History.

Example here is: it is the deep sense of belonging and deep feeling of enthusiasm that led to the Egyptians Hussein Bassir, Ahmad Faschri, Sami Gabra, Zakaria Goneim, Labib Habachi among others venture into Egyptology (Study of ancient Egypt). That affection gives these individuals challenges for unearthing more artifacts for ancient history that helps articulate the pieces of Ancient Egypt history and hence an example of positive contribution of emotion to history. In natural science, emotions also may impact the acquisition for knowledge to a great extent.

In pharmacology for example, a negative attitude of a researcher in determining the medicinal value, toxicity and the dosage of a certain physiologically active compound (P. A. C. ) from a given herbal might lead to biased research. This has the potential to lead to wrong administrations of bioassays and test of the very same dosage that may lead to negative result even if the P. A. C. is present in large quantities, the result are then pre-set to read negative due to the attitude of the researcher that is likely to affect his dexterity, carefulness and also perception.

This finally leads to a wrong conclusion that in the real sense lacks scientific approval or disapproval as the biasness brought about by emotions led to successive blunders in the following of scientific syntaxes and therefore wrong conclusion and results at the long run. A perfect example to this is a certain Biology class in High Ridge High school where, students were asked to observe different cells in blood samples under a light microscope.

The students first perceived that one could not visualize blood cells since it was their first time to do so and more so did it against their wish of using the new microscopes as opposed to the old ones they were obliged to use. Due to the inbuilt feeling that the old microscopes were not as efficient as the new ones therefore, the students smeared their specimen on a slide and then mounted it on a microscope without staining the specimen and hence could not visualize blood cells.

In their report to the respective tutor, the students wrote that there was absence of blood cells and the test was negative. The truth of the matter was the negative emotion of being denied the chance to use new microscope outflanked the result orientation in the minds of the students to the extent that they forgot the most crucial step that could lead to success of their scientific activity. Emotions, i. e. attitude, love, hatred, happiness, moods, affection and all others are not worth trust in the process of knowledge acquisition be it in History as a field of discourse, philosophy, natural sciences and even language since the perception of emotions occurs in brain and the knowledge acquisition still occurs in brain and therefore, negative conception of a certain idea might lead to biasness that might distort the much required fact either in history research or in natural science.

Emotions mask one’s rationality to reason as per the expectations and therefore in that sense impair ones judgment. In the two cases that we have examined, Irving failed to acknowledge the eventuality of Genocide in Germany by the Nazi regime and went further to claim that the murderous gas chambers used were for delousing and not killing humans. Secondly, due to the preset emotions of the students, they fail to stain their specimens and this leads them to wrong results and subsequently conclusions owing to their negative attitude towards using old microscopes as opposed to new ones.

The error that occurs is not as attribute of the microscopes but students’ ignorance and negative attitude. It is worth a note also that emotions are not always detrimental to acquisition of knowledge but at times beneficial to the process of knowledge acquisition if at all they are positive as per the case of patriotic Egyptians in their career as Egyptologist.

Suppose I am selling merchandises online – for instance, gift items for everyone – I know exactly how to convince my prospective buyers to trust my web site. Through the concept of “Free Information for All,” I would educate my web visitors, in the simplest way possible (without giving essential information to competitors), about the process of storing their credit card information and securing it from hackers and viruses.

The rationale behind “Free Information for All,” is aiming at the minds of the potential customers, to make them think, feel and believe that they know all they need to know about where their credit card information is going. Images, such as secured vaults and huge powerful computers, will be used to instill in the minds of the viewers that my web site could not be any safer. In fact it is 100% safe and error-free. As for the action steps that I would take, I will begin by advertising banners and links that features a reverse psychology-inspired message, “Do not trust every online shop you see.

Click to find the tricks of scammers. ” Then, when they’re in my web site already, they will read another message, “Trust only those who can tell you everything you need to know about your shop and your account. Experience worry-free online shopping. ” The second step is for me to make good on my word. Eventually, I will post “Testimonials” from the marketing department and from real people with pages in My Space. This will create a crisp, friendly feel in the website, and it will convince more people that my business and services are no hoax.

The final step is just to ensure that my customers will enjoy a 24/7 customer support online and via toll-free number. Customers love to be pampered. I will pamper my customers, make them trust me, and make them go back to my store, with their friends in tow. Survey source: Safety in Numbers. June 25, 2002. The Resource for Security Executives. November 10, 2006. <http://www. csoonline. com/metrics/viewmetric. cfm? id=393>.

Question 1

Daniel Smithson and the beneficiaries to the trust may be able to sue Agnes and Brian for breaching their fiduciary duties and thus causing a loss to the beneficiaries; Nocton v Lord Ashburn[1] and Target Holdings v Redferns.[2] This is because under s1 of the Trustee Act (TA) 2000 a duty of care is placed upon trustees to ensure that they exercise reasonable care and skill when managing the trust. Reasonable care and skill do appear to have been exercised when Agnes and Brian used the trust shares in the company to vote the directors out of the office and vote themselves onto the board of directors. This is because their efforts on behalf of the company were successful and the company’s shares are now worth ? 8 instead of? Accordingly, it seems as though their decision to do this can be justified on the basis that they were acting in the best interests of the company; Kirby v Wilkins.[3] Furthermore, although trustees are entitled to “reasonable remuneration” for their services under ss28-29 TA it is questionable whether? 50,000 is a reasonable amount to be paid. In relation to the? 60,000 that was paid to Doris, a lack of care and skill has been exercised since Agnes and Brian have managed the trust inappropriately. In addition, it cannot be said that they have taken the same precautions as an ordinarily prudent man would have taken; Speight v Gaunt[4] and they have clearly treated Doris more favorably than the other beneficiaries. This has caused a loss to the other three beneficiaries and both Agnes and Brian did not have the power to authorize such a transaction until Doris reached the age of 25 since not all of the beneficiaries are of adult age and so the trust cannot be terminated early; Saunders v Vautier.[5]

Agnes and Brian have also breached their duties under the trust in respect of the sale of the trust’s shares in Gormley Iron & Steel Plc since there has been a deliberate misapplication of the trust property; Armitage v Nurse.[6] In addition, it cannot be said that Agnes and Brian took all of the necessary precautions that an ordinarily prudent man would have taken when exercising the trust fund. Furthermore, the investment that was made in Fleetwood Princess is a breach of their duties under s3(1) TA since it is unlikely that they would have made the same investment had they been absolutely entitled to the trust assets. Thus, it was a risky investment to make and does not satisfy the “standard investment criteria” under section 4 (3). In effect, it seems as though the two have acted “recklessly careless” in making the investment; Re Vickery.[7] Brian has also breached his fiduciary duties in relation to the investment into Drug Star Plc since it was made clear in Cowan v Scargill[8] that a trustee must make sure that any investments made are wholly beneficial to the beneficiaries and not themselves. Agnes will also be liable for this breach because “it is the duty of a trustee personally to run the trust and part of that duty is to observe what the other trustees are doing and intervene if they are doing something wrong”[9] as in Bahin v Hughes.[10] If Agnes and Brian can show that they honestly believed the investments to be good then they may escape liability; Re Smith.[11]

Overall, it is unlikely that Agnes and Brian will be able to satisfy the defense that they honestly believed the investments to be good, and as such, it is likely that they will both be found to be in breach of their fiduciary duties.

Question 2

In advising Brian and the trustees as to the validity of the express trust that has been created by Agnes, it must be determined whether the three certainties that are required for a valid trust to be created are present. In Knight v Knight[12] it was held that trust will only be deemed certain if it can be shown that there is “certainty of intention to create a trust; the certainty of the identity of the subject matter comprising the trust fund; and certainty of the beneficiaries (or objects) of the trustor power in question.” In effect, if any of these three certainties cannot be established then the trust will not be valid as it will be an incomplete trust. In acting with sufficient certainty Agnes must have had the intention to create a valid trust, the trust property must have been easily identified, and the beneficiaries must be sufficiently recognizable.[13] Once it has been shown that the three certainties are present, it must then be considered whether the three trusts that have been created have been properly constituted and that the formalities have all been complied with. Subsequent to these provisions being complied with, the trustees will then be able to distribute the trust property in accordance with the terms of the will. Thus, as shown in DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties;[14] the trustee has at law all the rights of the absolute owner in fee simple, but he is not free to use those rights for his own benefit since equitable obligations require him to use them for the benefit of other persons.” In effect, the trustees will be required to deal with the trust assets in accordance with their equitable duties.

It does appear as though there has been a certainty of intention in relation to all three of the clauses under the trust since Agnes has executed a will that has possibly been drafted by a solicitor. Thus, if Agnes did not have the intention to create a trust she would not have gone through the trouble of making a will. Essentially, Agnes’s conduct in making the will demonstrates a clear intention to create a trust. In relation to the certainty of subject matter, it is clear that clause 3 is certain because of the fact that it relates to a specific piece of property (?500,000), whilst clauses 1 and 2 are uncertain as they do not. This is because; the distribution of the shares in clauses 1 and 2 cannot be identified. In Re London Wine Co (Shippers) Ltd[15] it was held that; “to create a trust it must be possible to ascertain with sufficient certainty not only what the interest of the beneficiary is to be but to what property it is to attach.” Therefore, because Agnes failed to identify the number of shares that were to be used on Charles and Doris, it cannot be said that the subject matter is certain. This was also recognized in MacJordan Construction Ltd v Brookmart Erostin Ltd[16] when it was made clear that trust property needed to be segregated and clearly defined for it to be valid. Accordingly, it is unclear what part of the shares shall be given to Charles and Doris because there is a great deal of uncertainty as to what is meant by the “lion’s share of the income” and how much of the “better performing shares” is to be held on trust for Doris. As such, it is likely that the trust will fail.

Agnes should have been more specific as to what she meant by the “lion’s share of the income” and “the better performing shares” as this would have segregated the number of shares that were to be used. Hence, as noted in Morice v Bishop of Durham[17]; “there can be no trust, over the exercise of which this court will not assume control and if there be a clear trust, but for the uncertainty of objects, the property is undisposed of and every trust must have a definite object.” The certainty of subject matter can only be established once it is shown that there is “certainty of the property that is subject to the obligation that it is held on trust and certainty of the amount or share of the trust property that each beneficiary is to receive.”[18] In Green v Ontario[19] it was shown that for the subject matter to be deemed sufficiently certain there must have been a reference to a specific piece of property. This has not been achieved in the instant situation and so the subject matter cannot be deemed certain in clauses 1 and 2. Despite this, the objects in clauses 1 and 2 do appear certain because of the fact that both Charles and Doris have been identified. However, the same cannot be said for clause 3. This is because? 500,000 is left to Agne’s trustees to pay the income to her close relatives as they see fit. A discretionary trust has been created here since Agne’s trustees have been given the absolute discretion to make awards to Doris’ and Agne’s close relatives; Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust.[20] Consequently, it could be said that clause 3 will also fail on the grounds that its object is uncertain.[21]

Nevertheless, if it can be shown that the trust is to benefit individuals who come within a certain class, then so long as the person who the trust is to benefit comes within that particular class then the trust will be valid as in McPhail v Doulton.[22] However, it may be difficult to determine what is meant by “close relatives” since the trustees may not be aware of how close the relatives needed to be, which can produce a lot of problems. Nevertheless, in Re Baden’s Deed Trusts (No 2)[23] it was stated that if the class of beneficiaries, specified by the settlor, are conceptually certain then the trust will be enforceable. Therefore, since it can be said that the class of beneficiaries that have been stipulated by Agnes are conceptually certain, then it is likely that clause 3 will be valid; Re Erskine 1948 Trust; Gregg and Another v Pigott and Others.[24] Nevertheless, the will can still fail on the grounds that it has not been validly executed. Yet, if it can be shown that all the trust was “in writing, signed by the testator or by someone in his presence and by his direction and be attested by two witnesses” the will would have been validly executed under s9 of the Wills Act 1837. In addition, as noted by Pearce and Stevens; “the legal title in some forms of property such as shares or land can only be transferred by registration of the transferee as the new legal owner.”[25] It is questionable whether this has been done as there has been no effective transfer of the shares. Again, it seems as though clauses 1 and 2 will fail on the basis that they are uncertain and that they have not been validly executed since “equity will not perfect an imperfect gift”. If it could be shown that Agnes did everything in her power to transfer the shares to Charles and Doris then the outcome would be different; Re Rose[26] since “equity would treat a transfer as complete if the transferor had done everything in his power to transfer the property to the transferee.”[27] There was no evidence to suggest that Agnes had done everything in her power and so clauses 1 and 2 will remain invalid.

Overall, it is evident that there was the certainty of intention to create the trusts by Agnes because of the fact that she had executed a will to do so. However, clauses 1 and 2 will still fail for lacking certainty of subject matter and for failing to be properly transferred. Although clause 3 appears to lack certainty of objects, the fact that the beneficiaries come from a certain class will render this clause valid. The trustees will only be capable of distributing the trust property in accordance with the terms of the will if it can be shown that the will was validly executed. If this has been established then the Agne’s trustees will be able to distribute the? 500,000 to Doris and Agne’s close relatives as they see fit. The trust property from clauses 1 and 2 will enter into Agne’s estate so that they can be distributed in accordance with the Intestacy Rules.

Reference

1. Clements, R. and Abass, A. Complete Equity and Trusts: Cases and Materials, OUP Oxford, (2008).
2. Gillen. M. R and Woodman. F, The Law of Trusts: A Contextual Approach, Edmond Montgomery Publication, 2nd Edition, (2006).
3. Hayton. D. J and Mitchell. C, Hayton, and Marshall: Commentary and Cases on the Law of Trusts and Equitable Remedies, Sweet & Maxwell, 12 Edition, (2005).
4. Hudson. An Equity and Trusts, Routledge-Cavendish, 6th Edition, (2009).
5. Martin, J. E., Hanbury & Martin: Modern Equity, (19th ed, Sweet & Maxwell, 2012).
6. Pearce. R and Stevens. J, The Law of Trusts and Equitable Obligations, OUP Oxford, 4th Edition, (2006
7. Cases
8. Armitage v Nurse [1998] Ch 241, 251
9. Bahin v Hughes [1886] LR 31 Chd 390
10. Cowan v Scargill [1985] Ch 270
11. Green v Ontario [1973] 2 OR 396
12. DKLR Holdings Co (No 2) P/L v Commissioner of Stamp Duties (1980) 1 NSWLR 510
13. Kirby v Wilkins [1929] Ch 444
14. Knight v Knight (1840) 3 Beav 148
15. McPhail v Doulton [1970] 2 All ER 228
16. MacJordan Construction Ltd v Brookmart Erostin Ltd [1992] BCLC 350
17. Morice v Bishop of Durham (1804) 9 Ves Jr 399
18. Nocton v Lord Ashburn [1914] AC 932
19. Re Baden’s Deed Trusts (No 2) [1972] 2 All ER 1304
20. Re Erskine 1948 Trust; Gregg and Another v Pigott and Others [2012] 3 All ER 532
21. Re London Wine Co (Shippers) Ltd [1986] PCC 121
22. Red Rose [1952] Ch 499
23. Re Smith [1896] 1 Ch 71
24. Re Vickery [1931] 1 Ch 572
25. Revenue and Customs Commissioners v Trustees of the Peter Clay Discretionary Trust [2007] EWHC 2661 (Ch)
26. Saunders v Vautier (1841) EWHC Ch J82
27. Speight v Gaunt (1883) 9 App Cas 1
28. Target Holdings v Redferns [1996] 3 WLR 352