Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study Essay Example

Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study Essay Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study Name: Course: Date: We will write a custom essay sample on Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Sir Richard Branson, Chairman, Virgin Group, Ltd. Case Study Sir Richard Branson exhibits traits of what could be a transformative leader. This is because he uses an approach that focuses on enhancing the morale and motivation of his workers. A transformative leader usually assumes that his workers are his greatest assets in that they are part of the primary factors of production. Satisfied workers usually deliver high quality services to the customer leading to a chain of events of subsequent customer satisfaction in terms of purchases of goods and services, which are sufficient for the satisfaction of the needs and wants. Richard Branson could be termed as a brand because his image is usually identified by consumers as part of the organisation. He plays a significant role in terms of management and ensuring the high performance of the organisation in the market. His individual image and personality and the organizational image are inseparable in that he aims at promoting his company to the world through his interpersonal skills and management approaches to enhance the competitiveness of his chain of organizations (Kippenberger, 2002). Branson has managed to influence and cultivate interest in his workers in terms of increased performance through issue of motivation and morale. As the owner and manager of his organisation, he takes great interest in the organizational operations and thus is at times involved in direct interactions with workers even in the lowest level of organizational hierarchy. This is vital in that as leader he is able to show the workers concern and understand their challenges. Identification challenges in the workplace on part of the workers by a leader or senior management is vital in that he is able to ensure that such challenges are addressed. This has the potency to result in increased productivity by the employees and thus subsequent increase in revenues and customer satisfaction (Dearlove, 2007). Interactions with the employees across all the levels of the hierarchy is vital in that it has enabled Branson to identify talented individuals who are qualified to assume high roles in hierarchy in the organisation. This also avails him with ideas, which aim at increasing efficiency and productivity in the organisation and thus resulting in costs reductions and increased productivity and competitiveness of his organisation. These traits illustrate that a leader has the skills, which ensure that he is able to identify opportunities, and qualified individuals for enabling the organisation attain its strategic goals and objectives (Dearlove, 2007). Leaders like Branson ensure that their interactions with the employees are aimed at encouraging openness and increasing familiarity. This is a vital approach in that it aims at encouraging sharing of information and ideas, which could be used by the organisation in assuming a position in the market, increasing competitiveness and organizational image in the mainstream media (Raja, Dr. Palanichamy. 2011). Individualized consideration is a main trait exhibited by transformative leaders such a sir Richard Branson. They usually give empathy and support to their followers and allow for open communication with the followers and employees. This allows for communication from lowest levels of hierarchy to the top management such as in Branson’s case to ensure that he is up to date with the operations in the organisation. Such allows for transparency in the organisation, as the highest level of authority is conversant with issues in lower levels of the organisation as well as in the operations of the organisation. This allows the manager to ensure that he is conversant with issues, which might be extremely vital to the operations of the organisation (Dearlove, 2007). The success of Richard Branson and his chain of organizations is attributable to a high level of risk taking. Intellectual stimulation is one of the main traits exhibited by Branson in that leaders with such traits are able to challenge existent assumptions, take high risks as well as soliciting for ideas from the followers or employees. Branson assumes a unique style of leadership in that he makes decisions with the bets interest of the organisation and its employees. Creativity and innovation in Virgin Group has been one of the main drivers of the growth of the organizational chains given the increased competition in a technological advanced business world. Branson encourages individual growth and nurtures talent in his organisation (Raja, Dr. Palanichamy. 2011). This is vital in that he is able to use such talents to gain ideas for growing his organisation to greater heights in the business world. Independence granted by leaders such as Branson is essential in that the followers or employees are able to make decisions in terms of the execution of tasks delegated to them by management. This allows for innovation and creativity to increase productivity in the organisation and thus ensuring increased customer satisfaction from services of products delivered by an organisation (Kippenberger, 2002).. A single style of leadership is insufficient to ensure that the organisation is operated in a professional manner while ensuring aspects such as active participation of the employees, respect for higher authority and encouragement of employees is actualized. Hence, it is vital to use a combination of the various styles of leadership to ensure a multifaceted approach in leading the organisation. The major leadership styles assumed by leaders in modern organizations include authoritarian approaches, transactional leadership, laissez-faire leadership style, which is considered as a â€Å"hands off approach†, could be assumed by Branson in running his groups of organizations (Kippenberger, 2002). An authoritarian approach is essential in that ensures the minimization and eradication of issues of disrespect and lack off observance of a command in the organizational hierarchy. In addition, it also instills a high level of discipline and responsibility as the employees aim at ensuring minimal conflicts or encounters with the higher level of authority because of reduced productivity and poor output in terms of quality of work in the organisation. It could be assumed by Branson in his quest for ensuring that all the employees are able to follow instructions issued and codes of conduct in the organisation. This ensures minimal deviations in operations hence minimal costs of operation as well as reduction in operational costs. A delegative style or approach could also be incorporated in the leadership style assumed by Branson. This approach is essential in that the leader dwells of his authoritative position to issue direction and make decisions in the organisation towards the achievement of the organizational goals and objectives. It provides for issue of tasks based on the view of the leader and ensures that the leader is liable for the outcomes of the various decisions undertaken. Further more laissez-faire leadership style of leadership could also be used selectively by Branson to ensure maximization of benefits from the use of a combined approach of leadership (Maag, Kasermann, 2010). This usually is similar to the delegative approach and entails the issue of tasks, duties and responsibilities to the employees by the leader with little or no direction in terms of execution of such tasks. This approach is used primarily in tasks, which the existent employees are conversant with and are able to execute such tasks and duties with ease (Raja, Dr. Palanichamy. 2011). The employees are usually allowed excessive autonomy in laissez-faire leadership style of leadership. However, the employees are able to request assistance to ensure that the tasks are executed with respect to the instructions provided by the leader or the management. This would ensure reduction of time spent on evaluation of processes, as the employees understand of the expectation in terms of output from the tasks and duties delegated to them by the leader. A combined approach is essential in that it ensures the maximization of benefits such as increased authority, increased productivity and increased innovation and creativity by the employees. If Branson were working on a global project, he would assume a participative approach in terms of leadership. This entails on the encouragement of participation of the various stakeholders in the project to ensure the generation of numerous ideas. In addition, the determination of the decisions would assume a collective approach in that all the stakeholders would possibly be encouraged to give views in the decision-making processes. In addition, he would also delegate tasks to the various individuals to encourage specialization of labor to accrue maximum benefits for eventual success of the project Avolio, Bass, Jung, 1999). Additionally, the project would also necessitate an authoritative style of leadership to ensure adherence to the strict measures such as the period for completion or success provided and goals for eventual completion and success of the project. Furthermore, the interactions with the stakeholders and the employees would provide Branson with an important perspective. An employee perspective is essential in that it usually provides the leader with the much-needed views, which would ensure issues such as reduction of costs accruable from a project (Kippenberger, 2002). Branson exhibits good traits of a leader in that he values his employees and their views. This is because employees are a primary factor of production. Hence, motivation and morale boosting to the employees is essential in that it encourages the participation of the employees in tasks which would ensure that the growth of the organisation. In addition, his ability to ensure equality through the provision of open lines of communication is vital in that it ensures that the employees feel valued. Valued employees aim at ensuring that they conduct tasks similar to individual tasks hence ensuring dedication in execution of tasks, duties and responsibilities delegated to them. Such traits and virtues could be encouraged in institutions and workplace settings. Equality in the workplace ensures that employees are able to increase productivity to achieve their desired levels of merit. This is vital in the workplace in institutional settings to motivate employees and students to work harder as merit is based on hard work and provision of high quality output. In the workplace, individuals accrue higher positions and the respective incomes of such positions based on the merit accrued from their professional qualifications and skills. Hence, employees tend to work harder with the aim of acquiring promotions (Maxwell, 2002). Independence is a vital virtue in the workplace if used with precision and regulation. Independence in the work place ensures increased responsibility and dedication to tasks, duties delegated by the management or in classroom settings, by the instructors. Responsibility is accruable from increased independence in that the employees are able to ensure their decisions and choices are accompanied by specific repercussions. It encourages innovation and creativity, which is one of the greatest assets to any contemporary organisation. Innovation and creativity can assist an organisation in its attainment of strategic goals and objectives such as competitiveness, brand distinction and differentiation, cost reduction and new product development. In conclusion, the approach assumed by Branson could be enforced by authoritative, delegative approaches to ensure that the employees are able to accrue a sense of respect for the management and respective executives. They are also able to accrue a sense of responsibility and relative autonomy. Autonomy is essential in the workplace as it ensures encouragement of innovation and creativity due to the presence of comfort between the employees and the top management. The employees are also encouraged by the presence of a clear line of communication to provide their views as they relate to innovations and creativity. Reference Avolio, B.J., Bass, B.M. Jung, D.I. (1999). â€Å"Re-examining the components of transformational and transactional leadership using the multifactor component questionnaire†, Journal of Occupational and Organizational Psychology, 72, Pp. 441-462. Dearlove, D. (2007). Business the Richard Branson way. Chichester: Capstone UK Kippenberger, T. (2002). Leadership styles. Oxford, U.K: Capstone Pub. Maag, D. Kasermann, M. (2010). â€Å"Corporate Brand – Personal Brand Virgin Group Ltd. Richard Branson† Presentation in Corporate Brand Management II. IMU Marketing University of Bern, Pp.1-19. Maxwell, J. C. (2002). Leadership 101. Nashville: Thomas Nelson. Raja, A. S. Dr. Palanichamy. P. (2011). â€Å"Leadership Styles and Its Impact on Organizational Commitment† The Journal of Commerce, 3, (4), Pp.1-9.

Definition and Examples of Vehicles in Metaphors

Definition and Examples of Vehicles in Metaphors In a metaphor, the vehicle is the figure of speech  itselfthat is, the immediate image that embodies or carries the tenor (the subject of the metaphor). The interaction of vehicle and tenor results in the meaning of the  metaphor. For example, if you call a person  who spoils other peoples fun a wet blanket, wet blanket is the vehicle and the spoilsport is the tenor. The terms  vehicle  and  tenor  were introduced by British rhetorician  Ivor Armstrong  Richards in  The Philosophy of Rhetoric  (1936). Richards emphasized the tension that often exists between vehicle and tenor.   In the article Metaphor Shifting in the Dynamics of Talk, Lynne Cameron observes that the multiple possibilities evoked by a vehicle are both derived from and constrained by speakers experience of the world, their socios and Observations below. Also see: Dead MetaphorThe 100 Most Important Words in EnglishNew RhetoricSource DomainTenor13 Ways of Looking at a MetaphorWhat Is a Metaphor? Examples and Observations Tenor and VehicleBecause he was dissatisfied with the traditional grammatical and rhetorical account of metaphor, which he believed emphasized its merely decorative and embellishing powers, I. A. Richards in 1936 reintroduced this pair of terms . . . with the notion of a borrowing between and intercourse of thoughts. Since any metaphor at its simplest  gives two parts, the thing meant and the thing said, Richards used tenor to refer to the thing meant- purport, underlying meaning, or main subject of the metaphor- and  vehicle to mean the thing said- that which serves to carry or embody the tenor as the analogy brought to the subject. . . .The vehicle, [Richards said], is not normally mere embellishment of  a tenor  which is otherwise unchanged by it but . . . vehicle and tenor in cooperation give a meaning of more varied powers than can be ascribed to either.(Norman Friedman in  The Princeton Encyclopedia of Poetry and Poetics, 4th ed., ed. by Roland Greene,  Stephen Cush man et al.  Princeton University Press, 2012) Time Bombs as Vehicles- Unambiguous vehicle terms are those that people agree about: there is consensus about what properties they represent. One example of an unambiguous vehicle is time bomb. People agree that time bomb epitomizes something that can cause considerable damage at some unpredictable time in the future.(Sam Glucksberg,  Understanding Figurative Language: From Metaphor to Idioms. Oxford University Press, 2001)- Some three decades after China launched its highly controversial policy restricting families to having one child, the  government  may soon allow a two-child policy to curb a demographic time bomb. . . .The law is believed to have resulted in millions of forced abortions, and has left China with the combination of a rapidly ageing population, a shallow labour pool and an imbalance in the sex ratio. The result is a demographic time bomb.(Kashmira Gander, China May Scrap One-Child Policy to Curb Demographic Time Bomb. The Independent [UK], July 23, 2015)- Wed ged in the narrow space behind us was the umbrella stroller that held Teddy, slumped over in exhausted, jet-lagged sleep. We’d carried him up the stairs like a drunken rajah.We were all ravenous from our morning walk through the greenery of Yoyogi Koen, but I was acutely aware that the ticking time-bomb of the slumbering 1-year-old could interrupt our meal at any moment.(Bonnie Tsui, Traveling to Tokyo With Three Generations. The New York Times, December 3, 2015) Tenor and Vehicle in A Blackbird SingingBy tenor, [I.A. Richards] meant the purport or general drift of thought regarding the subject of a metaphor; by vehicle the image which embodies the tenor. In these lines from R.S. Thomass A Blackbird Singing, the tenor is the birds song, its tune; the vehicle is the fine smelting image in the fifth and sixth lines:It seems wrong that out of this bird,Black, bold, a suggestion of darkPlaces about it, there yet should comeSuch rich music, as though the notesOre were changed to a rare metalAt one touch of that bright bill.(Tenor and Vehicle, J.A. Cuddon, A Dictionary of Literary Terms and Literary Theory. Basil Blackwell, 1991)Tenor and Vehicle in William Staffords RecoilIn William Staffords poem Recoil, the first stanza is the vehicle and the second stanza is the tenor:The bow bent remembers home long,the years of its tree, the whineof wind all night conditioningit, and its answer Twang!To the people here who would fret me downtheir way and make me bend:By remembering hard I could startle for homeand be myself again. I.A. Richard and Vehicle and TenorA modern theory would object, first, that in many of the most important uses of metaphor, the co-presence of the vehicle and the tenor results in a meaning (to be clearly distinguished from the tenor) which is not attainable without their interaction. That the vehicle is not normally a mere embellishment of a tenor which is otherwise unchanged by it but that vehicle and tenor in co-operation give a meaning of more varied powers that can be ascribed to either. And a modern theory would go on to point out that with different metaphors the relative importance of the contributions of vehicle and tenor to this resultant meaning varies immensely. At one extreme the vehicle may become almost a mere decoration or coloring of the tenor, at the other extreme, the tenor may become almost a mere excuse for the introduction of the vehicle, and so no longer be the principal subject. And the degree to which the tenor is imagined to be that very thing which it only resembles also varies immensely.(I.A. Richards, The Philosophy of Rhetoric. Oxford University Press, 1936) Criticism of Richards Theory- As Manuel Bilsky points out, if someone says his mind is a river, mind is the tenor and river the vehicle; but in I walked into the river, what is the tenor and what is the vehicle? This criticism does not vitiate Richards theory; it does indicate the kinds of problems that remained to be clarified.(J. P. Russo, I.A. Richards: His Life and Work. Taylor, 1989)- In her brief assessment of [I.A.] Richards approach, [Christine] Brooke-Rose also notes that the very terms tenor and vehicle destroy the interaction Richards seeks to stress.(Brian Caraher, Intimate Conflict. SUNY Press, 1992) Pronunciation: VEE-i-kul

Challenges in classifying normal and abnormal behavior

Challenges in classifying normal and abnormal behavior When defining and classifying normal and abnormal behavior in psychology, culture is one of the challenges that a therapist faces when assessing a client (Nairne, 2008). This is because a certain disorder is classified differently by people from different cultures. There are cultures that allow a broad diversity of behaviors than others and some behaviors. In addition, in such cultures some behaviors are not classified as abnormal but unique or just extraordinary. The presence of diverse cultures with different perspective on daily life makes it difficult to have fix standards which can be used to define and classify normal and abnormal behaviors. Every society has its cultural standards that define a normal and an abnormal behavior. In some culture an individual is considered to have a psychological disorder only when he violates the social norm of the society (Haviland, Walrath & Prins, 2007). This makes it difficult for some individuals to access attention from a therapist for ex ample those who suffer from anxiety disorders that are characterized by social withdrawal. Such individuals do not violate or affect directly the norms of a society and thus such disorders may be disregarded. Cultural deviance makes it difficult to identify and classify normal and abnormal because behaviors are classified not on the effects they have on the individual but on the effect the behavior has in the society (Haviland, Walrath & Prins, 2007). A behavior that violates the welfare of the society is the one regarded as abnormal while that which does not is normal. Most of the psychological disorders affect the individual and not the society especially when the disorder is at early stages. When the disorder is at its severity that is when the individualà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s behavior may be noticeable by the society. These facts have made it impossible to use cultural deviance alone to classify what is normal or abnormal behavior (Nairne, 2008). The Diagnostic and statistical manual of mental disorder is a manual with standardized classification and definition of behaviors. However, culture may be used to access a patient by considering how the individual relates with the society. Some culture aspects considered when assessing the client include involvement in social work and productivity. If reported that there is reduced social interaction for quite some time, this is a feature important in diagnosing mental disorders. Are some anxiety disorders more difficult to treat than others? What are some treatment options? Depending on the level of severity, there are anxiety disorders that are easier to treat than others (Evans, 2007). There are those which are approached while at their early stages and while in mild state, these are easier to treat and the method of treatment may involve use of one treatment option such as relaxation technique and may take short time, like two months, for the patient o recover. Those which are treated when at seve re state such as the generalized anxiety disorder which is a chronic anxiety disorder may require use of complex treatment methods and one method is not sufficient. There require a combination of therapy, medication and complementary treatment methods and the patients take a long time, like years, to recover .

Role of Farmers Markets in the Mainstream Food System Research Paper

Role of Farmers Markets in the Mainstream Food System - Research Paper Example Farmers markets in Ontario nowadays have become one of the hottest shopping spots where consumers drop in to buy fresh vegetables and fruits directly from the farmers. It has been revealed that â€Å"In Ontario.... sales at Farmers Markets total almost $600 million, leading to an economic impact of an astounding $1.8 billion† (Farmersmarketsontario). Some other studies have shown that â€Å" 60 to 70 percent of market-goers visit neighboring businesses on their way to and from the market† thereby helping other local businesses also to flourish (Farmersmarketsontario). Some farmers markets have also been contributing their profits to social causes in the form of donations to the local senior centers, libraries, and schools, thereby linking the local economy with social upliftment (Hinsley and Pascoe, 1). In addition, a review of the materials available regarding the farmers market has indicated that the 100-mile diet concept is promptly fulfilled by this initiative. This concept has a meaning that, you â€Å"try eating only from producers within 100 miles of your home† (Winter, 88). This decision is taken in order to contribute to the sustainability of local agriculture and local livelihood as well as to evolve a healthy eating habit in which maximum fresh food is consumed. The farmer's markets have also been lauded as environmentally friendly because, â€Å"locally produced food has not traveled hundreds of miles to reach them (the consumers), increasing the fossil fuel emissions that lead to global climate change† (Hinsley and Pascoe, 2).  Ã‚  

Government Expansion for National Security Essay

Government Expansion for National Security - Essay Example Law enforcement agencies across the nation are faced with the dilemma with countering terrorist threats based on information that are at best loaded with the scenario that any potential terrorist act may actually happen. Using any information, most of the time unverified and unspecified to issue alert warnings to the public has been justified on the premise that the September 11 attacks happened because the intelligence agencies were slow to issue warnings and release information to other law enforcement agencies. The pre-emptive orientation of the intelligence community has gathered force in the face of growing concerns that civil liberties are in danger of being trampled. In 2004, Congress passed the Intelligence Reform and Terrorism Prevention Act of 2004, creating a Director of National Intelligence to be on top of the country's intelligence community. He also acts as the President's top intelligence adviser. While this move was meant to coordinate nationwide intelligence operati ons, there have been considerable areas of conflict among the law enforcement agencies. The public has recently seen the military and the Central Intelligence Agency encroaching too much on the sphere of domestic intelligence, which is the turf of the Federal Bureau of Investigation. Financial records of individuals and other parties who are suspected of being involved in terrorism have been examined by the FBI through the issuance of national security letters and for the most part, banks and other institutions have cooperated. However, it has been reported that even the Pentagon and the CIA have been issuing their own version of the national security letters (Lichtblau & Mazzetti 2007). Furthermore, the FBI has complained that the military have been directly dealing with the police, without proper coordination with the bureau in issuing warnings against possible terrorist threats. The White House is also mulling to give more teeth to an agency within the Pentagon called the Counterintelligence Field Activity or CIFA currently in-charge of coordinating security efforts by giving it authority to investigate crimes such as trea son, foreign or terrorist sabotage, including economic sabotage within the country (Pincus 2005). Moreover, a legislation is being pushed to allow the military access to the database on U.S. citizens gathered by the FBI. Concerns about this have been somehow mitigated by an amendment which will require the Pentagon to seek approval for this data-sharing from the Director of the National Intelligence and to report to Congress any of such activity. The question of whether executive powers should be expanded has come to pass because in fact the American public has indeed given its go-signal for this to happen. While the public has recently been against the War in Iraq and other reports concerning Government Expansion for National Security 2 domestic spying, the American people had been united right after the September 11 attacks in giving President Bush authority to deal with the terrorist threat

Disadvantage of democracy Essay Example for Free

Disadvantage of democracy Essay The primary disadvantages of democracy are a general lack of accountability, the prospect of personal interest becoming the predominant factor in decisions, and negative financial implications. A democracy lays the power to make decisions in the hands of the majority. This, ironically, places an emphasis on both individual and group power. A group controls the decision-making process, but an influential individual can control the group. The issue with democracy, in spite of the power of the people to control the decision-making process, is that there is no sense of accountability when the group makes a decision that turns out to be a bad one. Even particularly influential individuals in the group who may have persuaded the majority to vote for what led to the bad decision is free from blame because, ultimately, everyone in the group is responsible for his or her choice. In this way democracy, although a group-oriented approach, can become very much about what individuals believe is best for themselves and not for the majority. This type of decision-making also can be very expensive and have negative financial implications. First, a considerable amount of money can be spent in persuading voters to support an idea or cause. Second, voters may embrace an idea or cause, such as lowering taxes, because it sounds ideal when, in practice, it could lead to financial disaster. Disadvantages of Democracy Making the wrong choice In a democratic country, it is the common man who has the supreme right to choose their legislature and their prevailing authorities. As per a general study, not all the people are completely conscious of the political circumstances in their nation. The common masses may not be acquainted of the political matters in their society. This may lead to common man taking an erroneous selection during election. Authorities May Lose focus As the government is bound to changes and modification after each election tenure, the authorities may function with a interim objective. Since they have to go through an election procedure after the conclusion of each tenure, they may lose focus on functioning effectively for the citizens and  instead might concentrate on winning elections. Hordes Have Influence A further disadvantage of democracy is that hordes can manipulate citizens. People may vote in support of a party under the pressure of the bulk. Constrained or influenced by the ideas of those around, an individual may not put across his/her accurate judgment. Democracy averts radicalism and encourages teamwork and synchronization. It also slows things down, stops those in authority doing what they wish regardless of the majority’s desires. Since the military incursion into the Nigerian political scene on January 15, 1966, all the woes of this country are placed on the military. Most Nigerians do not want to hear the word â€Å"military†. They see the military as synonymous with evil. But does the military symbolize evil? Colonel Muamma Gaddafi is a military officer who seized power from the Libyan Monarch in 1969. Colonel Muamma Gaddafi as a military leader, was able to transform Libya to the envy of the world so much that other nationals including Nigerians are queuing at the Libyan embassy for her visa. Under a military leadership in Libya, Nigerians are rushing to the country on a daily basis because the country has a lower inflation of 1% than that of Nigeria which is 20% and a per capita of $8,400 while Nigeria’s per capital is $50. If military regime is synonymous with evil, why are Nigerians running from a country that is under civil rule to a country which is under a military leader? Ghana, our neighbouring West African country was also transformed from a corrupt and poverty stricken nation it was, to a transparent and an accountable nation by a military officer, Flight lieutenant, John Jerry Rawlings. At the moment, Nigerians are running to live in Ghana because the country has improved tremendously in terms of economy and infrastructural development. Ghana has also attained democratic growth and stability having transited from one democratically elected government to another two times. However, let us now compare and contrast the difference between military and civil rules in Nigeria. Nigeria gained independence from Britain on October 1, 1960. Out of the 50 years of Nigeria’s existence as an independent  nation, the military has ruled the country for 29 years. Within the 29 years the military ruled the country, 3 years were used to prosecute the Nigerian civil war, between 1967 to 1970, this means the military actually spent 26 years to rule the country. Out of the 50 years of the nation’s existence, civilians have ruled for 21 years. So, the difference between the years the military have ruled the country and those of civilians nine years. The questions one is asking are, if the military has destroyed the country within the space of 29 years as claimed by the civil leaders, can’t the civil leaders repair it within a space of 21 years? How long does it take to repair what is damaged? What has the civilian leaders be able to remedy since they have been ruling the country? Since Nigeria returned to democracy in 1999, we are still hearing the same old song by politicians, â€Å"You know the military have destroyed the country and you know that it is not easy to repair what has been destroyed†. I find this excuse unacceptable to the Nigerian people because something that was destroyed can be repaired. For instance, Germany, France, Austria etc were devastated during the first and second World War but today they have rebuilt to enviable status. Of all the things the military destroyed, which of them has the civilian leaders been able to put right? Some politicians who are out to deceive the poor masses will say that â€Å"the worst civilian regime is better than military regime.† But is it always true that the worst civilian regime is better than military regime? Politicians are also quick to say that â€Å"at least we can talk now that we are in a civilian regime and that we could not talk during the military administrations.† I found this argument very amusing because our mouths were not muzzled by the military during their administrations. I make bold to say that we spoke more during the military administrations than we do today because then we all saw the military as our common enemy and were united to fight against them. There were so many civil society organizations such as National Democratic Coalition (NADECO) which was headed by late Pa Adekunle Ajasin, Campaign for Democracy headed by late Dr. Beko Ransom Kuti, Civil Liberties Organization headed by former President of Nigerian Bar Association ( NBA ), Olisa Agbakoba (SAN), Afenifere, the Yoruba socio- cultural group headed by late Pa Abraham Adesanya, Association of Senior Staff Union of Uni versities, headed by the INEC Chairman, Professor Atahiru Jega, Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN ), headed by Chief Frank Ovie Kokori etc. These civil society groups spoke openly against the ills of the military and sent them back to the barracks. At that time too, journalists engaged in revolutionary journalism which made the press very vibrant and added impetus to the voice of the masses. During the military era, television and radio stations were mostly owned by both states and the federal governments. DAAR communications, owner of African Independent Television and Ray power Radio station and Minaj television and FM radio station which started in 1994 were the only privately owned broadcast organizations in the country, the rest belonged to both the states and federal governments. Would the governments have allowed the masses to use their media to criticize them? There is no government that allows such a thing in any part of the world. Let us assume that we did not talk during military administrations, what have we achieved since 1999 that we have been talking? Have those who claimed to be representing us both in th e State Houses of Assembly and the National Assembly ever taken our advise? We said the National Assembly should pass the Freedom of Information Bill into law, have they done it since it was introduced into the house? We said the Justice Mohammed Uwais recommendations on Electoral Reform be adopted by the National Assembly, have they adopted them? The Federal Government has earmarked #6.6 billion towards the celebration of Nigeria’s 50th anniversary, which the masses condemned in totality, yet the Federal Government is bent on wasting such amount of money on the celebration of failure. Will the States and Federal Governments ever listen to the masses? We said the huge allowances our so call representatives are receiving should be reduced, did they agree to reduce their allowances? A senator receives #45 million allowance quarterly, while each member of the House of Representatives receives #27.2 million allowance quarterly. Each senator receives #500 million constituency development allowance yearly which is not accounted for. Their salaries and other benefits are not included these allowances. Is there justification for such huge allowances considering the fact that they sit for 180 days in a year? Can we say with a sense of pride that the lives of Nigerians have improved positively since we returned to democracy in 1999? Let me make it clear that democracy is not just about having freedom to talk, it goes beyond mere talking. Democracy is about quality leadership that translates  into accelerated development and growth in all areas of human aspirations. Democracy goes beyond just having civilians in government. Any administration, be it military or civil government that cannot better or improve the lives of the people is a monumental failure. The main purpose of governance is to coordinate and harness the wealth of the people for an effective development that will enhance the standard of living of the people. Have we seen such achievements and development since 1999? Let us compare and contrast civil administrations since 1999 till date and military administrations from 1985 till 1999 when the military handed over the reins of power to civilians. We shall start this comparison with the economy. Before the civilians took over government in 1999, a 50 kg bag of rice was sold for N2,500, today it is selling for N8,000. A small bag of beans that was sold for N1,800, now sells for as much as N7,000. Is this not outrageous. Before the commencement of the Obasanjo’s regime in 1999, Nigerians were able to eat twice daily. Morning and night, which was popularly called one –zero-one. At present, most Nigerians eat once daily, which is popularly called zero one- zero. Is this not regression? If the agricultural sector is well funded and productive, why are prices of foodstuffs on the increase? The unemployment rate has gone up drastically because many industries are closing down while some are relocating to our neighbouring countries due to lack of regular supply of electricity. The Obasanjo’s regime in 1999, inherited 3,500 megawatts of electricity from the military, today it has reduced to a mere 2,500 megawatts for a population of 150 million people. The problems of industries and other organizations that consume large quantity of electricity are compounded as a result of the high cost of petroleum products such as petrol and diesel. These products are used to power generators which provide alternative power for industries. As at the time Nigeria return to democracy in 1999, the prices of petroleum product were cheap. But before ex-president Olusegun Obasanjo, who also doubled as petroleum minister, left office in 2007, he had increased the prices of these products eleven times. A litre of kerosene that cost N9.00 in 1999, now sells for N125.00. Petrol that cost N11.00 at that time, now goes for N65.00 while diesel that cost N10.00 then now sells for N120 per litre.

A Unique and Meaningful Life Essay -- Philosophy Essays

A Unique and Meaningful Life A unique and meaningful life is compatible with the concept of a moral agent’s deliberative frame. In defense of this assertion, I will argue in favour of Barbara Herman’s Kantian discussion of moral obligation, which suggests that moral conflict occurs in the agent’s grounds of obligation. Grounds of obligation are facts recognized and considered by the agent during moral deliberation; they are â€Å"facts of a certain sort. They have moral significance because they are defining features of our (human) rational natures that limit what we can rationally will (as defined by the CI procedure)† (318).[1] The grounds are not reasons for acting but are guides for deliberation; the facts considered in a given situation are founded in one’s deliberative frame, namely matters of importance to the moral agent.[2] Similar to Herman’s defense of Kant, I will argue that moral conflict may occur among the grounds of obligation in the agentâ₠¬â„¢s deliberative frame, but never in one’s duty because the CI will always determine only one moral obligation. I will then anticipate two criticisms to counter Herman’s defense of Kant. The first criticism proposes that the individual field of deliberation - that contains â€Å"not only [the agent’s] interest and private projects but also the interests of others as possible sources of claims on [the agent’s] actions and resources† (331) - can lead to conflicting assumptions about duties in the members of society as a whole. And the second criticism arises from Herman’s rejection of the feeling of guilt in the Kantian model, in situations of moral conflict.[3] The critics I present accept that the moral agent has a life of her own following from the concept... ... 1990. Notes: [1] Throughout my paper, I will be using â€Å"CI† as short form for Kant’s Categorical Imperative [2] I will be using both female and male subjects when referring to the moral agent [3] A â€Å"field of deliberation† is another way of defining the â€Å"deliberative frame† (as described above); both contain grounds of obligation when referring to the considerations taken by the moral agent during her deliberation [4] Basically there are only two options since given the opportunity, she must save one. [5] Restitution and Remainder are terms that need not be defined since my anticipated critics will focus on the notion of guilt. [6] It may seem that the feeling of guilt is irrelevant to the discussion of an agent’s deliberative frame; however, the second critic hopes that finding a flaw in Herman’s argument will lead to a rejection of the concept. A Unique and Meaningful Life Essay -- Philosophy Essays A Unique and Meaningful Life A unique and meaningful life is compatible with the concept of a moral agent’s deliberative frame. In defense of this assertion, I will argue in favour of Barbara Herman’s Kantian discussion of moral obligation, which suggests that moral conflict occurs in the agent’s grounds of obligation. Grounds of obligation are facts recognized and considered by the agent during moral deliberation; they are â€Å"facts of a certain sort. They have moral significance because they are defining features of our (human) rational natures that limit what we can rationally will (as defined by the CI procedure)† (318).[1] The grounds are not reasons for acting but are guides for deliberation; the facts considered in a given situation are founded in one’s deliberative frame, namely matters of importance to the moral agent.[2] Similar to Herman’s defense of Kant, I will argue that moral conflict may occur among the grounds of obligation in the agentâ₠¬â„¢s deliberative frame, but never in one’s duty because the CI will always determine only one moral obligation. I will then anticipate two criticisms to counter Herman’s defense of Kant. The first criticism proposes that the individual field of deliberation - that contains â€Å"not only [the agent’s] interest and private projects but also the interests of others as possible sources of claims on [the agent’s] actions and resources† (331) - can lead to conflicting assumptions about duties in the members of society as a whole. And the second criticism arises from Herman’s rejection of the feeling of guilt in the Kantian model, in situations of moral conflict.[3] The critics I present accept that the moral agent has a life of her own following from the concept... ... 1990. Notes: [1] Throughout my paper, I will be using â€Å"CI† as short form for Kant’s Categorical Imperative [2] I will be using both female and male subjects when referring to the moral agent [3] A â€Å"field of deliberation† is another way of defining the â€Å"deliberative frame† (as described above); both contain grounds of obligation when referring to the considerations taken by the moral agent during her deliberation [4] Basically there are only two options since given the opportunity, she must save one. [5] Restitution and Remainder are terms that need not be defined since my anticipated critics will focus on the notion of guilt. [6] It may seem that the feeling of guilt is irrelevant to the discussion of an agent’s deliberative frame; however, the second critic hopes that finding a flaw in Herman’s argument will lead to a rejection of the concept.

Preschool Music Education Essay

Introduction Teaching music to preschoolers contributes to brain development.   â€Å"The musician is constantly adjusting decisions on tempo, tone, style, rhythm, phrasing, and feeling—training the brain to become incredibly good at organizing and conducting numerous activities at once. Dedicated practice of this orchestration can have a great payoff for lifelong attention skills, intelligence, and an ability for self-knowledge and expression† (Ratey, 2001).   A group of researchers at the University of California (Irvine) conducted a study that showed that after eight months of keyboard lessons, preschoolers showed a 46% boost in their spatial reasoning (Rauscher, Shaw, Levine, Ky and Wright, 2001). Music Education Module   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The curriculum for teaching preschool music education should contain three parts: 1) Singing; 2) Active listening; and 3) Movement.   All three of these subsections should work together and build off of the skills learned during the other subsections.   The music education curriculum must be fun and engaging for the preschool children, otherwise the children will not give the music activities their full attention and will not retain the cognitive abilities that can be taught through music education.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The preschool music education curriculum needs to be focused around teaching the children songs, preferably nursery rhymes and other educational songs, which will teach the children a skill.   Incorporating movement and hand motions into each song that is taught will enhance the skills learned.   Learning to sing songs will improve the development of language acquisition, listening skills, and fine motor skills.    Songs that tell a story with hand motions such as â€Å"I’m Bringing Home a Baby Bumblebee† will improve language skills as well as fine motor skills and self expression.   Songs that specifically address a certain skill such as counting songs (1,2 Buckle My Shoe) and spelling songs (B-I-N-G-O) should be incorporated into the music curriculum as well.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The preschool music education curriculum must also include active listening to music.   Listening to music, particularly classical music, will improve listening skills, auditory discrimination, abstract reasoning, and spatial intelligence.   After the children have listened to a musical piece, the experience needs to be reinforced by a series of questions and answers.   Asking the children what kind of instruments they heard and what emotions they felt during the song will improve the abstract reasoning skills and teach the children how to evaluate and comprehend what they have heard.   Clapping through a rhythm that was in the song they just heard will teach the children about tempo and improve counting and mathematical skills. Conclusion The preschool music education curriculum needs to include all three of the subsections discussed.   If the curriculum neglects one of the subsections, important skills will be neglected.   Singing and dancing teaches preschool children language skills, fine motor skills, and self expression.   Actively listening to music, particularly classical music, improves listening skills, abstract reasoning skills, and spatial intelligence. When developing a preschool music education curriculum, the most important thing is to ensure that the curriculum is fun and engaging for the preschool children.   If the curriculum is rigid and boring, the children will lose interest and the teacher will not have their full attention.   In order for the preschool children to acquire the skills taught during music education, the children must be engaged in the curriculum.     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚      References Musically Yours, Inc.   (2007, November) Music Preludes.   Retrieved January 23, 2008 from http://www.musicpreludes.com/index.html Ratey John J., MD. A User’s Guide to the Brain. New York: Pantheon Books, 2001. Rauscher, Shaw, Levine, Ky and Wright, â€Å"Music and Spatial Task Performance: A Causal Relationship,† University of California, Irvine, 1994

Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive† Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)

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