...Chapter 2 Probability Concepts and Applications Teaching Suggestions Teaching Suggestion 2.1: Concept of Probabilities Ranging From 0 to 1. People often misuse probabilities by such statements as, “I’m 110% sure we’re going to win the big game.” The two basic rules of probability should be stressed. Teaching Suggestion 2.2: Where Do Probabilities Come From? Students need to understand where probabilities come from. Sometimes they are subjective and based on personal experiences. Other times they are objectively based on logical observations such as the roll of a die. Often, probabilities are derived from historical data—if we can assume the future will be about the same as the past. Teaching Suggestion 2.3: Confusion Over Mutually Exclusive and Collectively Exhaustive Events. This concept is often foggy to even the best of students—even if they just completed a course in statistics. Use practical examples and drills to force the point home. The table at the end of Example 3 is especially useful. Teaching Suggestion 2.4: Addition of Events That Are Not Mutually Exclusive. The formula for adding events that are not mutually exclusive is P(A or B) = P(A) + P(B) – P(A and B). Students must understand why we subtract P(A and B). Explain that the intersect has been counted twice. Teaching Suggestion 2.5: Statistical Dependence with Visual Examples. Figure 2.3 indicates that an urn contains 10 balls. This example works well to explain conditional...
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...Introduction Equity developed to correct injustices, arising when the Common Law fell short of an ‘ideal’ regarding the provision of rights or remedies. Equity remains a relevant fixture of Australia’s legal system as the ‘… fundamental notions of equity are universal applications of principle to continually recurring problems; they can develop but cannot age or wither.’[1] The ‘undue influence’ doctrine and Garcia v National Australia Bank Ltd.[2] (Garcia) are illustrations of the High Court’s (the Court) historic and current attitude to equity. The High Court and Equity: A Historical Perspective Equity developed independently of the common law’s rigid structure, with cases resolved on individual bases with minimum reference to precedent. The Judicature Acts, aligned equity with the common law’s structure, causing the previously flexible equity to constrict to the common law’s judicial protocol. Equity in Australia has lost much of its original flexibility to the strict rules of precedent, a consequence of this ‘fusion’. Though equity’s flexibility has been constrained, significant developments in Australian’s legal context have occurred, including, the development of the principles like ‘estoppel by conduct’. Developments became rare with precedential growth, leading the Court to preference extending the application of accepted equitable doctrines or the determining previously restricted categories to include formerly extraneous situations, as alternatives to overruling...
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...Unit 2 Term Paper Gary M. Kidd Kaplan University Author Note Pro. Young-White, I’m sorry the term paper is a day late, but I spent most of 3 September at a scheduled medical procedure to refill the pain pump implanted in my spine with Dilaudid. It kept me knocked-out most of the day. Please remember that I’m given extra time on assignments via the Kaplan University office of student disabilities. Abstract This term paper for unit two review three articles, Ethics Consultation in United States Hospitals This term paper also defines 8 financial terms. Keywords: Balance sheet, Shareholder Equity, EBITDA, EBITDAM, Financial Ethics, Financial Benchmarking, Financial Trend Analysis, and Ratio Analysis. Unit 2 Term Paper Business ethics is the appropriate business guidelines and customs regarding debatable issues, like the way a CEO runs his company, illegal stock trading, corruption, business social and monetary obligations. The government’s authorities frequently enforce business ethics, still there are times when businesses alone will use a straightforward structure that organizations can abide by so that they simply may benefit the public interest (investopedia.com, 2013). Article Review The first article chosen for this assignment, is Betsy Gallup’s article Ethics Are an Important Part of Running a Health-Care Facility, and she explains ethics as having three components: independence, integrity and objectivity (2009)...
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...Vickovich, chapter 7, Essential cases Latec Investments Ltd v Hotel Terrigal Pty Ltd (1965) 113 CLR 265 Heid v Reliance Finance Corp Pty Ltd (1983) 154 CLR 326 Moffett v Dillon [1992] 2 VR 480 What is priority? Where two or more parties have valid but competing interests in the same property, the dispute is a priority dispute. Different rules apply to resolve priority disputes depending upon the nature of each party’s proprietary interests in the property. Factors relevant to the resolution of these disputes include: * which of the competing rights arose first in time; * whether the holder of the rights arising later in time was aware of any prior interests; * the conduct of the holder of the earlier interest. The rules for determining priority of interests should be studied in conjunction with Module 2 in this course and should also be considered in relation to competing assignments of equitable interests in the course on Trusts. The priority rules Competing legal interests The general rule for determining priority between competing legal interests is that priority is given to the one created first in time. Competing priority of company charges is determined by the Corporations Act 2001 (Cth). Competing equitable interests The general rule Where the competing interests are equitable, the general rule is that if the equities are equal, the first in time will prevail. Latec Investments Ltd v Hotel Terrigal Pty Ltd (1965) 113 CLR 265 Wu v Glaros (1991)...
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...MANDATES Piec vs. Caisse d’economie polonaise (p. 59) 01-Jul-92 Date of Bad Boy’s forged mandate 15-May-92 Bad Boy gets mandate from Grandma 03-Jul-92 Grandma dies 11-Aug-92 Bad Boy gives forged mandate to bank Bad Boy comes to Canada 18-Aug-92 Bad Boy withdraws $26k payable too cash Grandma = Stephania Wojcicka Bad Boy = nephew Tadeusz Wojcicki Niece (Margaret Wojcicka) is executor of will Facts | * Three mandates: 1. Gma goes on extended trip, gives power of attorney for banking matters to Bad Boy 2. Niece has mandate as executor of the will (mandate only kicks in when Gma dies) 3. Bank has mandate for Gma’s finances * Grandma’s bank account summary: $5 membership, $1k term deposit, $26k term deposit (can’t take out until 26-Oct-92 or wil receive no interest) * Bank didn’t k6now Gma was dead when Bad Boy removed funds | Question | 1. Was bank guilty of not [2138] exercising prudence and diligence for its [2130] mandate? 2. Does the valid mandate authorize the bank to give the term deposits (no) 3. What effect should be given to the letter of july 1st (none) 4. Did the bank owe obligation to grandma, and not rely on the letter (yes, 2138) | Ratio | 1. Argument: Bank is a special type of agent, v. strong fiduciary duties; if they’ve been defrauded they are 100% liable. Answer: Bank should have been more [2138] prudent and diligent; it wasn’t prudent cash out the account, and the bank wasn’t diligent in its duty...
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...Contract Formation Author: Jason Dorman Business Law Professor Riggs 11-24-2013 A contract must have certain elements to be considered a contract. However, there are also elements that exist that will negate a contract as well. Fraud, undue influence and duress are all elements that will negate a contract. When a contract is breached or negated one party can collect damages or seek equitable remedies. The common law doctrine of election of remedies prevents individuals from taking advantage of the system. These elements are what an individual would not want to deal in any business situation. There are also elements in place to prevent a party from double recovery and this is called the common law doctrine of election of remedies. What we can learn from contracts is that neither side will deceive the other. What is fraud and how does it affect a contract? Fraud is an intentional act by one party to deceive another. “Fraud prevents a mutual agreement to a contract because one party intentionally deceives another as to the nature and the consequences of a contract.” [legal-dictionary.thefreedictionary.com] When each party involved in the contract states their terms. The terms must be factual and any misrepresentation of the truth can void the contract. However, there are situations where an individual’s intentions are to get over on the other party. This is why it is important to read the contract before signing it. What is undue influence? “Undue...
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...QUESTION “There must be somebody in whose favour the court can decree performance” Discuss the principle enunciated in the above statement and the exceptions thereof with the aid of appropriate case law “There must be somebody in whose favour the court can decree performance” INTRODUCTION In order for a trust to be valid, there needs to be an identifiable beneficiary who can either be an individual or a company . If for instance there is no beneficiary, and consequently the trust is for the achievement of some abstract purpose then the trust is to be considered as void. In the words of Lord Grant MR in the case of Morice v. Bishop of Durham : “There can be no trust, over the exercise of which this court will not assume control... if there can be clear, but for uncertain objects, the property… is indisposed of… Every… [Non-charitable] trust must have a definite object. There must be somebody in whose favour the court can decree performance. The rationale of the principle is to ensure the courts ability to administer the trust. Moreover in the case of Re Endacott it was said, in relation to the beneficiary principle, that ‘no principle has greater sanction and authority’ in the law of trust other that requiring the existence of a beneficiary. It is essential for validity. For instance in the case of Re Astor , a trust for the establishment , maintenance and improvement of good understanding, sympathy, and co-operation between nations was...
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...Mitigation of Damages: In most situations, when a breach of contract occurs, the non-breaching party has a duty to take whatever action is reasonable to minimize the damages caused by the breach. For example, in most instances, people who are fired by their employer, regardless of the reason, have a duty to find a new job. Likewise, a thwarted house buyer has a duty to take reasonable steps to locate another house. Liquidated Damages: Many contracts contain provisions specifying a sum certain of money to be paid by the breaching party in the event that he fails to perform as required by the contract. Generally speaking, the liquidated damages are based on a reasonable estimate of the value of the promised performance. Penalties: By contrast, a penalty provision specifies a sum certain of money, bearing no reasonable relationship to the value of performance, to be paid by the breaching party in the event of default or breach. Penalty provisions are rarely enforceable. EQUITABLE REMEDIES In addition to the various types of money damages, there are several equitable (i.e., non-damage) remedies available. Rescission: Canceling a contract and returning the parties to their pre-contract position. Restitution: Returning goods, property, or money previously transferred in order to restore the non-breaching party to his pre-contract position. Specific Performance: Requiring the breaching party to perform exactly as called for in the contract...
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...Restitution an old concept Restitution v Compensation (most cases) i.e.: remedy of compensation Unjust enrichment has 4 main elements (confirmed in Banque Financiere) **** sets out the structure. i) defendant’s enrichment (money is very clearly a benefit to you) (can spend it, can use it) ii) at the claimant’s expense? (did the money come from the bank?) transfer of value from the C or substraction from C … didn’t lose money, but lost time and expertise i.e.: repairing a table iii) was the enrichment unjust? (unjust factors: i.e.: could be a mistake, failure of consideration benefit has passed, but had failed to provide consideration., exploitation) iv) Are there any valid defences? We don’t want the defendant to suffer as well. The claimant doesn’t necessarily gain back everything. (CHANGE OF POSITION THE DEFENDANT RELIED ON THE ENRICHMENT). Reliance, detrimental reliance, links with estoppel. i.e.: textbook, nightout, books. Instead of buying new textbooks, could have bought 2nd hand. Instead of spending the nightout, could have paid individually. The court only look at the gain you still HAVE. They might take away your books, laptop (require to sell off the laptop) depends on REASONABLENESS /SENSIBILITY. So, i.e.: if you spend on HOLIDAY, on other things, i.e.: spend on nightout dinner, the court cant take back anything! Chase Manhanttan. made 2 payments, only should made 1. After being made, the bank went bankrupt, found a constructive trust...
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...to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat. READ ENTIRE DOCUMENT BELOW (2.1) FOR SUPPORTING EVIDENCE: 2.1 The law provides certain relief for aggrieved parties that suffer losses as a result of another party’s breach of contract. These relief mechanisms are collectively referred to as remedies. Recall the distinction discussed in Chapter 1 between remedies at law and remedies in equity. For many contracts, the remedy at law...
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...According to Cheeseman (2013), an occurrence of fraud happens when a person knowingly decides to have someone rely or behave in false representation. In certain situations, legally binding agreements, such as contracts, may become invalidated for multiple reasons. For instance, lack of capacity (Unenforceable Contracts, n.d.) may nullify a contract if at least one party is underage, or doesn’t quite have the mental capacity needed to thoroughly understand what the agreement consisted of. This would not allow a dishonest person to take advantage of a person who is mentally unable to make a rational decision. Invalidation of a contract also includes duress. This occurs when someone is coerced or threatened into an agreement (Unenforceable Contracts, n.d.). My brother is a truck driver so I will use him as an example. Let’s pretend he agreed to haul a load of materials for the upcoming project of a private company. My brother contacted the company and told them he would not complete the delivery unless they paid him more money. The company would probably feel like they are being forced to pay the inflated price because they wouldn’t be able to complete their project without these materials; therefore losing revenue. This type of action could also be described as blackmail. An example of undue influence would be if a manager and subordinate were in a romantic relationship and the manager used that relationship to hang over the other’s head in order to take advantage of the situation...
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...The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning them to the trust. In Re Montagu’s Settlement Trusts (1987) Megarry J held that in order to found a claim for knowing receipt, the defendant had to have actual knowledge that his receipt was in breach of trust or was ‘willfully blind’ shutting his eyes to the obvious; or willfully and recklessly failed to make the inquiries that an honest or reasonable persons would make. However, a person was not liable for knowledge he might have once had, but had honestly and genuinely forgotten when the breach had occurred. Following this was the judgment in BCCI v Ackindele (2000). In this case Nourse J opined that just as Royal Brunei had cleared away the tangled case law of the past to establish from the first, principles the basis on which a person could be liable for assisting a breach of trust, the court could do the same for the law on recipient liability. He held that a defendant would be personally liable only if it would be ‘unconscionable’ for him to retain the benefit of that receipt of trust property. The court recognized...
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...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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...USIU BUS 3010 BUSINESS LAW EQUITY The Maxims of Equity Maxims of Equity— As we have seen in the last chapters, the Courts of Chancery were governed by the principles of Equity. The Equity, again we have seen earlier, is not a single system of law bat a collection of appendices, But the principle of Equity which were followed by the Court of Chancery, while giving equitable reliefs, were not arbitrary. On the other -hand they were based upon those principles of right and obligation which have Juridical relation with aid application to the events aid transactions of society. Many of these general principles constituting the ultimate sources of equitable doctrines are enbodied in its twelve mixims of Equity. - . According to Salmond, “Maxims are proverbs of the law and provide useful means for the expression of leading doctrines of the law in form which is brief and intelligible. According to Prof. Hanbury, “They are the fruit of observation of developed doctrine and the ideas embodied in them are far older than their articulate expression.” The twelve Maxims of Equity which embodied the principles of Equity justice are as under: 1) Equity will not suffer a wrong without a remedy. 2) Equity follows the law. 3) Where equities are Equal, the law shall prevail. 4) Where the Equities are equal, the first in time shall prevail. 5) He who seeks Equity must do Equity. 6) He why comes to Equity, must come with clean hands or He that hath...
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...http://ogekazacharia.blogspot.co.uk/2015/01/notes-on-delay-defeats-equity-equity.html Limitations Act Delay defeats equity: Laches is an unreasonable delay in enforcing a right. If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity. Acquiescence is where one party breaches another's rights and that party doesn't take an action against them they may not be allowed to pursue this claim at a later stage. These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996) http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php 1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ” 2= Proviso : This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858) ...
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