The Romalpa Case Signpost or Diversion - Free Essay Example

Sample details Pages: 4 Words: 1098 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.à ¢Ã¢â€š ¬Ã‚  It is therefore prudent for sellers to insert into the terms of their contract a retention of title clause whereby ownership of the goods remains vested in the seller until payment. Don’t waste time! Our writers will create an original "The Romalpa Case: Signpost or Diversion?" essay for you Create order This apparently uncontroversial proposition was lent a unique twist in Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd[2] in which the Court of Appeal was required to consider a situation in which goods were supplied and used or resold prior to payment. In Romalpa a Dutch Company supplied a quantities of aluminium foil to and English company pursuant to a contract which provided that the foil would remain the property of the former until all debts payable by the latter were discharged. The contract expressly provided for the assignment of rights to payment in the situation in which products were manufactured from the foil and sold but did not expressly deal with the situation in which the foil itself was simply sold on. When this occurred and the English company went into liquidation, the seller of the foil attempted to recover monies paid in respect of the foil to the Receiver. It was held that the parties must have intended there to be a right to sell on the foil and that a fiduciary relationship was thereby created as a result of which the Dutch company was entitled to the proceeds of sale. Therefore the use of reservations allowing the seller to recover the proceeds of sale of goods or the value of products manufactured from them became widespread and known eponymously as à ¢Ã¢â€š ¬Ã…“Romalpa Clausesà ¢Ã¢â€š ¬Ã‚ . Criticism of such contractual devices has been advanced by commentators such as Bradgate[3]: à ¢Ã¢â€š ¬Ã…“The widespread use of retention of title clauses has potentially serious consequences for secured creditors: a successful claim under a retention of title clause allows the supplier to reclaim the goods, their proceeds or product, and the pool of assets available to meet the claims of other creditors is thereby diminished.à ¢Ã¢â€š ¬Ã‚  However, of greater concern to suppliers and their banks is the fact that Romalpa appears not to have been regarded by the Court of Appeal as a particularly significant decision (leave to appeal to the House of Lords was refused) and subsequent cases have been left to turn on their particular facts. Thus in Re Bond Worth Ltd[4], it was held by Slade J that the reservation of title clause gave rise to a charge rather than retention of tile in the goods. However, in Clough Mill Ltd v Geoffrey Martin[5] a consideration of the particular clause used led the Court of Appeal to the conclusion that the contract prevented property from passing so there was nothing to charge. Further difficulties arise as a result of the nature of the manufacturing process. Where the character of the goods has been altered (see, for example, Model Board Limited v Outerbox Ltd[6] where cardboard was printed upon and made up into boxes) and Borden (UK) Ltd v Scottish Timber Products Ltd [7]in which resin was used in the manufacture of chipboard). In such instances the courts appear to have been defeated by the difficulty of quantifying the nature and extent of the original sellerà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest in the new product. A solution to this might be to allow the validity of express provisions rendering the new product the property of the original supplier until payment. However, since the value of the new product will undoubtedly exceed the value of the supplied raw materials which contributed only in part to its manufacture, retention of title in the whole of the new goods would be inequitable if not unworkable in any event. Thus the current state of the law is unsatisfactory for two principal reasons: despite the apparently authoritative status of the decision which has since 1976 lent its name to retention of title clauses, Romalpa failed to supply a formula upon which suppliers could rely with confidence in order to protect their interests; as a result, cases continue to turn upon their individual facts leading Staughton J in Hendy Lennox Ltd v Graham Puttick Engines Ltd[8] to describe this area of law as à ¢Ã¢â€š ¬Ã…“a maze if not a minefieldà ¢Ã¢â€ š ¬Ã‚ . It might be supposed that this state of affairs could be remedied by legislation providing precisely for the rights of sellers who purport to protect themselves in this way. However, whether the solution thus opted for provided security by way of a charge or some comparable remedy or reinforced the concept of wholesale retention of title in goods, the difficulties of quantification and providing a remedy which was equitable to both seller and purchaser would remain in all but the most straightforward of cases. It is submitted that the answer lies in the a mechanism for the registration of interests as suggested by both the English[9] and indeed the Irish[10] Law Commissions. A system of registration of interests would allow transparency (particularly for the benefit of creditors) as to the priorities which would apply in the event of insolvency. Thus retention of title clauses could be registered at Companiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ House or a similar institution. Any clause n ot so registered would be void in the event of the winding-up or bankruptcy of the buyer but where there was valid registration, the interest would take priority over interests in the goods created subsequently to the date of registration. Such a reform would assist both sellers and their banks by providing a clear and readily enforceable means of recovering the value of property sold on condition that title does not pass until payment. Bibliography Bradgate, R., Commercial Law, (3rd Ed. 2003) Oughton, D. Lowry, J., Textbook on Consumer Law, (2nd Ed., 2000) Treitel, G., The Law of Contract, (11th Ed., 2003) Law Commission, Consultation Paper No.164, Registration of Security Interests: Company Charges and Property Other than Land, (July 2002) Law Reform Commission (Ireland), Report LRC 28 of 1989, Report on Debt Collection: (2) Retention of Title Westlaw Footnotes [1] Borden (UK) Ltd v Scottish Timber Products [1981] Ch 25 [2] [1976] 1 WLR 676 [3] Bradgate, R., Commercial Law, (3rd Ed. 2003), pp.450-1 [4] [1980] Ch 228 [5] [1984] 1 All ER 721 [6] [1993] BCLC [7] [1981] Ch 25 [8] [1984] 1 WLR 485 [9] Consultation Paper No.164, Registration of Security Interests: Company Charges and Property Other than Land, (July 2002) [10] Report LRC 28 of 1989, Report on Debt Collection: (2) Retention of Title

Personal Statement My Personal Goals - 1111 Words

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The Self-Ownership Principle Free Essays

Self-ownership is a belief that almost all Australians or any human accepts. Self-ownership is a belief that any human being of any religion, race, gender orientation or nationality is the ultimate arbiter of the decisions that affects themselves and any coercive action that prevents this decision making is inherently immoral and unacceptable. The acceptance of respect for self-ownership is something that is natural and unquestionable for all humans and is demonstrated below. We will write a custom essay sample on The Self-Ownership Principle or any similar topic only for you Order Now Imagine that every human being is living in the Garden of Eden found in Genesis. Everyone is living in a world without scarcity and this means that if one person uses a resource, no other person is deprived of its use, i. e. unlimited apples on a tree. In this environment, there is no need for an economic system or property agreement as there is no need for appropriations of land by physical force. However, there is a hidden flaw in this supposed utopian Garden of Eden; there remains a scarcity of human bodies whilst human desires are unlimited and these desires might involve the use of other’s bodies. Instinctively, people will state that there IS a need for a system of property in the Garden of Eden to truly provide a peaceful world; a system respecting the ownership of one’s body. Remarkably simple as the premise of self-ownership is, the implications of the logical conclusions of self-ownership have far-reaching societal consequences. All natural resources are scarce, and thus an system of property needs to be instituted to prevent the Earth from being affected by issues that arise from the Tragedy of the Commons. The process of appropriating land for ownership by people is known as Homesteading. Homesteading is a method of appropriating property ownership that is also the only system completely compatible with self-ownership because it is an independent exchange between nature and one’s own labour. Using coercion to prevent people from creating property out of natural materials implies that certain people or collectives have a higher claim to make these independent exchanges with nature than you do, contradicting the self-evident concept of self-ownership. Deducing from the self-ownership axiom, we have determined that for a sate ociety to respect self-ownership it must accept that all men are equal, respect the legitimate property claims of all men and guarantee civil liberties through the possession of property. If every man, woman and child that ever existed followed these principles, we would be living in a veritable utopia. Ignoring the obvious fact of scarcity, innovation and co-operation would have lead this world into an era of incredible material wealth. But for this to occur, a peaceful and voluntary society, each person needs to have their own epiphany, clear their cognitive dissonance and see reject all assaults on person and property; whether it is a government bureaucrat demanding that you register your swimming pool or a criminal gang demanding your wealth. How to cite The Self-Ownership Principle, Papers

Empirical Research on Undergraduate and Graduate MyAssignmenthelp

Question: Discuss about the Empirical Research on Undergraduate and Graduate. Answer: Introduction: Equality is one of the aspects that need to be observed at all time. The world since time immemorial has been seen to act for men more than the opposite gender. That is, there has been a lot of under presentation of women most specifically in the Technology, Science, Medicine, Engineering and Mathematics subject-based careers. This kind of imbalance does not necessarily mean that men are better than women but just a way of humiliating their female counterparts in an attempt to promote gender inequality. In fact, most of the nations are behaving in a manner to suggest that the world is going backward to adopt the colonial nature of several states which did not recognize the presence of women in making concrete decision. Conversely, the world is changing, and everything seems to take a different direction as far as equality is concerned. That is, women and men have been provided with similar capabilities that are key determiners of fair and observed gender balance. In school, both boys and girls equally take the same subjects in science, technology, and mathematics yet in the workplaces; men become the dominant elements. All in all, under presentation of women, continues to prevail. Therefore it becomes essential to critically analyze the key factor for under presentation of women to deeply understand the subject. The under presentation of women can be explained the stereotype that boys are better than girls. Often in almost all the learning institutions, there is the notion that no way females can outdo in studying the science, technology, engineering and mathematics (Hill, Corbett, and Rose, 2010, 38). This belief is further supported by the parents who are seen to offer support to their children on gender-based subjects whereby girls dominate the language issues. Such notion by far kills the morale and interferes with the progress of the girls as far as overall subjects are concerned. By supporting that stereotype implies or directly communicates to the girl on how weak they are to undertake STEMM. The fact that men are naturally overrated more than females explains why ladies are not willing to major in the STEMM areas (Hyde, Lindberg, Linn, Ellis, and Williams, 2008, 495). Consequently, the males continue dominating the STEMM demanding work environments at ease while only a small number o f women prevail. Undertaking self-evaluation by ladies means that the ability to achieve equal performance is undermined. Girls in most cases perform a self assessment test and put themselves to standards lower than that of males. Past research reveals that when a lady is in the class, they make generalizations that emanate from self-evaluation which dictate that STEMM is for the boys and that girls should not attempt them (Hill et al., 2010, 42). This extends to a point where even when the lady excels in STEMM subject, she cannot believe in herself or gather the self motivation to perform even better but they end up feeling insecure for tampering with boys items. Gender bias discourages women from pursuing the STEMM subjects. They are associated with the cultural arts subjects and STEMM subjects directly associated with the males. Women naturally are known to portray a moderate level of competence in the in an execution of masculine jobs (Clark, 2005, 370). The first belief at this point is that if women happen to participate in the masculinity demanding jobs, they end up being unlikable. For instance, it is not right to count on a lady to fix electricity problem as men do. Therefore, due to such negative motive towards women, they are humbled to the ground and are not at any given time willing to express their interests on STEMM subject an attempt to maintain the acceptability. According to the previous research, many ladies tend to undertake STEMM subjects all the way from secondary to tertiary levels, but only a few of them retain these items up to graduation. The academic studies are that it is possible to internalize the subjects at the lower educational levels but difficult to continue with such a trend at higher levels (Ceci, Williams and Barnett, 2009, 218). This is because at the university level, learning is complex and natural selection is bound to take place at that time. Little past success cannot serve as the prerequisite for excellence at higher levels. Consequently, men are harder than women, therefore, recording a high turn up during the graduation. Further research done at Harvard University suggests that STEMM department offers ladies less career satisfaction than men. The contribution of lecturers and professors in supporting more career paths for males in fields of science, engineering, technology, and mathematics lead to the loss of cre ativity to females (Ceci, and Williams, 2011, 3159). This extends the gap for under presentation of women in the workplace and other fields where spatially related skills are on demand. The difference in excelling in science, technology, and other related subjects are closely related to normal variation specifically during the gestation period. At this time boys are bound to take advantage of favorable hormonal selection that enables them to strengthen their cognitive abilities more than the girls. As the males grow, they slowly adopt t o the environment, and as they learn, a sense of responsibility is developed (Stout, Dasgupta, Hunsinger, and McManus, 2011, 255). This implies that natural brain sharpness may be lacking but can be adopted as the child attains the age necessary to define her as the major player in the society. On the other hand, women are in some way advantaged due to the notion that after all they will be married and resources for upkeep and nurturing the children are provided by the man. Having such a clear picture of life in mind, a man is bound to work hard and ensure that all concepts of learning are understood. Many women and girls show little or no interest in the STEMM subjects. Researchers carried out to get the explanation of that point by the Society for American quality suggest that females are not interested in the technical matters (Beede et al., 2011, 64). The working environments for STEMM-oriented employees are critical, and there is need to develop interconnection of ideas and skills to have a given task done. Ladies tend to be overshadowed by the jobs that require cleanliness and smartness. Conversely, even if a particular woman achieves in mathematics and other sciences, she ends up majoring in areas such as literature, history, political science and several simple fields (Hewlett, 2008, 213). The gender difference serves a significant purpose in gauging the self-confidence of the individuals who are willing to undertake the STEMM Subjects. According to the past research, there is little confidence in women to take the science, technology, engineering and other related topics as compared to men who comfortably indicate a high level of self-esteem. Self-belief in those subjects is greater at lower levels of schooling and reduces as the individuals approach the higher educational levels where their experience on the subject is not recognized (Xie and Shauman, 2003, 75). Furthermore, there is as belief explaining that women are more interested in the issues that aim at giving back to the society (Moss, Dovidio, Brescoll, Graham, and Handelsman, 2012, 16476). In short, they pursue in those subjects that strengthen their socialization aspects in the community. The STEMM subjects do not seem to attract any form of societal benefits, and the participants tend to work to reap benefits for their own. From the society point of view, STEMM subjects do not seem to have any connection with the needs of the community thereby acting as the hindrance upon which girls dislike the spatial issues. Topics such as environmental engineering are seen to have some beneficial aspects to the society, and it is true that many ladies do participate because of the socialization perspective in the community (Ong, Wright, Espinosa and Orfield, 2011, 180). Environmental bias serves a great role in convincing the women to leave the STEMM positions. In the workplaces where these subjects are manifested, women are treated differently from the men regarding payment and increment of other incentives. Also, the women start experiencing the sense of isolation because they are left out when certain jobs are executed. Due to that fact, many women are seen to opt the other way and participate in other careers where the workability is almost the same. Researchers also indicate that for a lady to be absorbed in the stem careers, she must produce more supportive academic documents than the males. This implies that even the employers contribute heavily to the gender bias since a woman is always seen to be less productive than their peers. That kind of a feeling significantly discourages other women willing to exercise their spatial skills and instead divert to other subjects in an attempt to retaliate from the gender bias. In the academic setting, students raise discussion concerning their teachers and lecturer on their teaching capabilities (Dweck, 2007, 56). The act of judging by the students that a man can properly teach a given subject more than a woman leads to the misunderstanding of the grievance by the girls and they do not wish ever participate in such criticized items. In several cases also, the interviewers or the employers are not convinced by the accomplishment results of the women, and they have little faith in them to have pursued in subjects such as medicine. This leads to the forming of the notion that a particular female participant might have used a back door to achieve such recommendations. Conclusively, factors that lead to under presentation of women in the STEMM subject based careers have significantly been highlighted. Most of the factors emanate from self-confidence and gender bias. It is, therefore, important for ladies to trust in their capabilities so as achieve the best in their STEMM careers. The society also has the mandate to ensure that women and men are treated the same without bias. References Hill, C., Corbett, C. and St Rose, A., 2010.Why so few? Women in science, technology, engineering, and mathematics. American Association of University Women. 1111 Sixteenth Street NW, Washington, DC 20036. Clark Blickenstaff*, J., 2005. Women and science careers: leaky pipeline or gender filter?.Gender and education,17(4), pp.369-386. Ceci, S.J., Williams, W.M. and Barnett, S.M., 2009. Women's underrepresentation in science: sociocultural and biological considerations.Psychological bulletin,135(2), p.218. Stout, J.G., Dasgupta, N., Hunsinger, M. and McManus, M.A., 2011. STEMing the tide: using ingroup experts to inoculate women's self-concept in science, technology, engineering, and mathematics (STEM).Journal of personality and social psychology,100(2), p.255. Beede, D.N., Julian, T.A., Langdon, D., McKittrick, G., Khan, B. and Doms, M.E., 2011. Women in STEM: A gender gap to innovation. Moss-Racusin, C.A., Dovidio, J.F., Brescoll, V.L., Graham, M.J. and Handelsman, J., 2012. Science facultys subtle gender biases favor male students.Proceedings of the National Academy of Sciences,109(41), pp.16474-16479. Ong, M., Wright, C., Espinosa, L. and Orfield, G., 2011. Inside the double bind: A synthesis of empirical research on undergraduate and graduate women of color in science, technology, engineering, and mathematics.Harvard Educational Review,81(2), pp.172-209. Dweck, C.S., 2007.Is Math a Gift? Beliefs That Put Females at Risk. American Psychological Association. Hyde, J.S., Lindberg, S.M., Linn, M.C., Ellis, A.B. and Williams, C.C., 2008. Gender similarities characterize math performance.Science,321(5888), pp.494-495. Ceci, S.J. and Williams, W.M., 2011. Understanding current causes of women's underrepresentation in science.Proceedings of the National Academy of Sciences,108(8), pp.3157-3162. Xie, Y., Shauman, K.A. and Shauman, K.A., 2003.Women in science: Career processes and outcomes(Vol. 26, No. 73.4). Cambridge, MA: Harvard University Press. Hewlett, S.A., Luce, C.B., Servon, L.J., Sherbin, L., Shiller, P., Sosnovich, E. and Sumberg, K., 2008. The Athena factor: Reversing the brain drain in science, engineering, and technology.Harvard Business Review Research Report,10094.