Comparison of equity and common law in the field of breach of a Essay

Comparison of equity and common law in the field of breach of a fiduciary duty in a trust - Essay Example In "Junior books v Veitchi (1983) 1 AC 520" recovery of economic loss was imposed as liability. And the elements for constituting negligence such as (a) A duty of care owed by the defendant to the plaintiff (b) A bleach of that duty by the defendant (c) consequential damage suffered by the plaintiff (d) Such damages caused by the bleach are formulated. (Peter de Cruz 320) Equity is the Creation of Courts, it is innovative and it provides various quick remedies such as injunction, rescission, rectification and specific performance. Thus equity is not a separate law but it a supplement to the common law. Discretionary is common feature of equitable remedies. Equity has wider scope than the common law. The common law does not look into the conduct of the parties what is required is the claim has to proved. Once the claim is proved the damages are awarded. The common remedy in common law is awarding of damages. In Common law the courts have limited discretionary functions compared to law of equity. (Terence Ingaman 442) Common Law and equity is distinguished on concept of jurisdiction such as "Equitable property interest", "fiduciary obligation", "Unconsciousness" and "Proprietary remedies", which are the distinct concepts developed by the courts of chancery. 1. Equitable Property Interest. Where the interest in the property is vested under the law of equity such as interest in trust property, the interest of the beneficiary over the property in trust is enforceable not only against the trustee but also against the third party who acquires such property. Therefore the beneficiary interest is conceived as proprietary. The beneficiary is at liberty to convert the beneficial interest into the absolute ownership interest at any point of time. Where the interest in the property is vested under the Common law such as through transfer of property, the interest is absolute and the person can exercise such rights over the property for his sole lawful benefits. Where as in equity a trustee with equitable property right exercise his rights over the property for the benefit of the beneficiary and cannot exercised for his benefit. (Peter Cane 187) 2. Unconscionable Conduct: Chancery courts are conscience. As discussed in earlier topic the liability under the common law is strict liability caused due to reasonable misconduct or tortuous act. The Chancery courts under the law of equity are liberal in granting the remedies extending to suspected conduct. Unconscionable act is related to the strict liability to fiduciary and the negligence is to the strict liability in tort. The common law provides remedies to those subjected to harm due to negligence of others where as the law of equity stretches further and provides the relief against the unfair advantage taken by the others. (Peter Cane 191) 3. Fiduciary obligations: Fiduciary obligations are created in trust. The fiduciary in relation to the trust property must act for the benefit of the beneficiary but not for the benefit

Exploring the Potential Health Effects of Exposure to Electric and Research Paper

Exploring the Potential Health Effects of Exposure to Electric and Magnetic Fields (EMFs) - Research Paper Example Current appliances like radio and television rely on EMFs for their functioning. EMFs have a substantial technological value. Figure 1. Highest 60 Hz transmission voltage in North America *image taken from Nair (1989, 4) Voltage produces electric fields. Electric fields are greater when the voltage is higher. An electric field can be found in any domestic device that is connected to a source of electricity, although it is not functioning. Magnetic fields are produced by electricity running through a wire. The intensity of magnetic fields amplifies with electricity; hence, an intensified magnetic field can be found near a domestic device that operates on ‘high’ (Kheifets et al., 2006, 1532). An electrical device should be connected to a source of electricity and should be functioning to produce a magnetic field. EMFs are present in all devices that use electricity, like televisions, radios, computers, and other domestic devices. Magnetic fields linked to electrical device s are normally greater than those fields present in close proximity to power lines. Levels of EMF are greater near their source and decrease drastically with distance. This explains why there are greater EMF levels from particular domestic devices than from close by power lines (Al-Khamees, 2008, 730). All the same, most people at present are exposed to EMFs for they arise every time electricity is turned on. Throughout the recent decade, scientific research has expressed concerns about potential detrimental health impacts associated with EMFs. A number of scientists claim that it is not possible for EMFs to have any significant impacts, but others differ. Even so, since electricity is used heavily and broadly and EMF sources are in all places, every individual at present is inescapably exposed to them. Hence, identifying any health or biologic impacts that could be related to EMF exposures is profoundly crucial. It is clearly apparent why a great deal of emphasis has been placed on the likelihood that power-frequency EMFs are linked to negative impacts. Researchers who examine how people react to risk have found out that specific forms of risks draw out more forceful reactions than others. Cancer is one of the health risks that have been linked to exposure to EMFs. Children are found out to be highly vulnerable to leukemia and potential behavioral and reproductive risks (National Research Council, 1997, 17). Sources of the empirically identified EMF risks are mostly inflicted on individuals and are beyond their control. Moreover, the EMFs that are the root of the empirically identified risks are undetectable and strange to many (Office of Technology Assessment, 2002, 1). All such aspects force a lot of people to react with worry and concern to the possible hazards related to exposure to EMFs. When an essential resource like electricity is found out to be linked to detrimental health consequences, it is easy to comprehend why concerns and worries have taken pl ace. It is evident as well that the possible health impacts are simply one aspect of the concern. If tremendous efforts are exerted to lessen power-frequency EMF exposures, a substantial amount of money will have to be used up, such as to remodel domestic devices and residential electrical system, or to cover distribution and transmission lines (Mcmahan, Lutz,