Dormitory rooms Essay Example for Free

Dormitory rooms Essay As students move on in their lives after high school to college, many think that their lives will become paradise. With many house rules abandoned and without a curfew, students get the first taste of adulthood. Many think everything will be easy; however, from the dining halls to having no money students learn that being an adult is harder than parents display. Campus life shows students what they perceive is very different than the reality of life. In my opinion, living on campus in a dorm, supplies a student the full experience of the college life. When I imagined living in a dorm room, I imagined a very small room and hardly having any space to walk around. However, the rooms are actually quite big. There is plenty of room to walk around and even play some crazy, goofy games with a roommate. I thought the most exciting part of living on campus was going to be able to meet new people and live in a new environment. Because I am so far from home, my biggest hope was having a roommate who was easy to get along with and could have fun, and I definitely got that. The bathroom situation, I thought, was going to be the worst part of living on campus. However, in reality, it is not as bad as I had thought. As a student-athlete living in a dorm where the entire floor houses athletes, the bathroom has a maximum of five people using the facilities at a time. This works because of each athlete on a different schedule. In actuality, living on campus is very exciting and there should be no worry considering the problem with space, meeting new people, or the bathroom being very full to the point of not being able to use it. As an athlete living on campus at Western Nebraska Community College the athlete receives a dorm family. A dorm family is a family around town that â€Å"adopts† the student for the two years while attending the school. The family opens up their hearts and lets the athlete come into the family. The family attends sports events that the athlete plays and supports the athlete. I have a dorm family, and I love them. When I first thought of having a family that would open up their home and family to me I thought it was going to be awkward. However, having a family in town that has opened up their home and hearts has been great. It helped me know that there are people here in town who are willing to help and support me. Additionally, living in the dorms and living on their own, without parents, helps students find many new found freedoms that they did not have before. With living in the dormitories many students stay out late on all nights of the week, because they had a curfew at home and now they do not. The first week of school I stayed out late when I could. However, this staying out late situation did not last long, because I had been slammed with homework and after I was done with my homework all I wanted to do was sleep. With these newfound freedoms I learned very quickly how I was going to manage my time and make sure I got my sleep. When first living on campus I learned how easy I had it while living under my parents’ roof and the responsibilities that I didn’t have that I have now. When thinking that I was moving out of my parents’ house I thought it was going to be great. The freedoms I would have were going to be tremendous compared to what I had back home. However, when thinking of the freedoms I never thought of the responsibilities that I was going to have. When at home, laundry was done and living on campus causes me to do my own laundry and pay a dollar fifty for it. At home I always had someone harping on me to do my homework, make my bed, and clean my room, but on campus there is no one around to do that except myself. I had to learn to manage my time wisely and make sure I stayed up in my schoolwork. As a new freshman in college, like myself, sees his or her schedule and thinks, â€Å"man this is going to be a tough year. † This was my reaction when I saw mine at least. As a new student at any school I thought classes were going to be hard, one, because I didn’t know anyone; two, because I want to accomplish a difficult degree; three, because I didn’t know how I was going to manage the homework load and basketball at the same time. Although, when I got to the campus and started the school year I found out that staying caught up with school really was not as hard as many people make college seem. College classes are a lot like high school classes, just a lot more homework. Once I figured out how I could manage my time with basketball, study time, and have somewhat of a social life, my days became easier. Furthermore, expecting high quality food when entering into a college is putting a lot of confidence into the cooks that have to cook for hundreds of people everyday, three times a day. As a freshmen student entering into the college experience, I expected the food to be very good. I understood that the cooks had to cook for many people each day, but I expected that the food was going to have a lot of taste. When I first came to the campus and had my first meal the food was very good. The food on campus did not necessarily get any worse; it had gotten old. When I say old, I do not mean spoiled or rotten, I mean boring. The food all ends up tasting the same each and everyday. By the third week of living and eating on campus at the dining hall I began to realize how much I loved my mother’s home cooked meals. Lastly, money is a big problem for many college students. When I thought I was going to save all my graduation money for college, I thought that I was going to have a lot of money, but as reality turns out I have no money. Living on campus and living on my own made me realize the things I need to buy and the things I just want. The difference between what I needed and what I wanted was crucial for me to determine what I should spend my money on and what I should not. As a student-athlete I go to my parents a lot for money still, because I do have not time for a job considering homework, school, and practice time. In conclusion, campus life shows students that what they perceive is very different than the reality of life. Students living on campus have to share a dorm room with someone, the room is big, and there is not a lot of girls in the bathroom at once. Athletes have a dorm family who â€Å"adopts† them and welcomes them into their home. Students have a lot of freedom and can stay out late, but might have a lot of homework so it would be smart to not stay out. Many students also have a schedule with classes that may seem tough, but if they manage their time they will be just fine. The food is not high quality food, and it gets old. Students living on campus begin to miss the home cooked meals. Finally the money problem, I thought I was going to have a lot of money but turns out, I do not have a lot of money, I will buy what I need and not what I want.

The Fall of the House of Usher :: Literary Analysis, Edgar Allan Poe

In the short story, â€Å"The Fall of the House of Usher† by Edgar Allen Poe, diction is extensively used to create an air of suspense. Poe’s use of diction along with symbolism contributes to establishing a mood of despair. By using symbolic comparison between the Ushers and their house, the story’s suspense builds and the characteristics of the Ushers are portrayed. Poe’s cunning tactics are evident in the way he achieves a story of both suspense and horror. In â€Å"The Fall of the House of Usher†, Poe’s use of dark, descriptive words allow him to establish an eerie mood. Poe’s unique style of writing along with his foreshadowing vocabulary is significant in creating a suspenseful gothic story. At the beginning of the short story, Poe describes the House of Usher to be â€Å"dull†, â€Å"oppressive†, and â€Å"dreary† (1265). His choice of words strongly emphasizes a mood of darkness and suspense as he builds on the horrific aspects of this daunting tale. At first glimpse, the house itself is surrounded by the feeling of â€Å"insufferable gloom†, (1265) â€Å"[t]here was an iciness, a sinking, a sickening of the heart, an unredeemed dreariness of thought [...]† (1265). The atmosphere that Poe describes in the statement above establishes a spine-chilling mood. Poe uses words such as â€Å"insufferable gloom† (1265) along with other disturbing words to stress the mood of horror. Furthermore, the house evokes suspense as it strikes the reader with curiosity as to why the building presents such a dreadful and uneasy feeling. Poe describes the house with further detail emphasizing its ghostly traits: â€Å"Dark draperies hung upon the walls. The general furniture was profuse, comfortless, antique, and tattered. Many books and musical instruments lay scattered about, but failed to give any vitality to the scene† (1267). Poe describes the house using very descriptive and daunting words contributing to the story’s depressive mood as well as its suspense. Poe also uses symbolism to represent the connection between the house and the Usher family. The description of the house itself has a shocking resemblance to that of Roderick and Madelyn Usher. Upon the main character’s arrival, Poe offers an interesting description of the building’s physical state. â€Å"The discoloration of age had been great. Minute fungi overspread the whole exterior, hanging in fine tangled web-work from the eves† (1266). Poe is able to establish an air of suspense by relating the state of the house to that of Roderick and Madelyn Usher.

Plato’s Attack on Poetry

Poetry In order to understand Plato's attack on poetry we have to take in consideration the political and social context of Athens at that time. It was the context where Plato devoted all his efforts to uplift the moral condition of the individuals and the well being of the state. The aim of his literary criticism was to educate the youth and form them into good citizens of his ideal state. It was the age of political decline and the moral and educational standard of the citizens were in a poor state. The epics of Homer were very much rooted in every sphere of the society, and the influence of the poets on the society was too deep. Plato being a philosopher, to prove the superiority of the philosophy, he severely attacked poetry. Apart from poetry he criticized every other form of arts. Plato’s concepts on art were base son his Theory of Ideas. He believed that ideas are the ultimate reality. The ideas of everything are the original pattern and the things are the copies. So he viewed all forms of art as merely copies of copy, twice moved from reality. Things itself being imperfect and copies of the ideas, their reproduction in art must be more imperfect. He believed that the works of art takes man away from reality rather than leading to it. It neither helped to mould the character nor to promote the well being of the state. These were the basic principles underlined behind Plato’s critics on arts in general. Plato criticizes poetry in several of his dialogues, beginning with Apology, his first work, and ending with Laws, his last. Plato’s critics on poetry are basically concerned of two standards. The first concern was for the good of the individual and the state. Based on this standard he finds in poetry more to condemn it than approve. Same like his concepts about the other types of arts, his concepts about poetry also was under severe critic due to its unrealistic nature and its incapacity to be worthy to the society and individual. He severely condemned the incapacity of the art forms to get in to the roots/ reality and being concerned with only the twice removed reality. This was the first standard he used to condemn the poetry and other art forms in general. He attacked poetry on four grounds—moral, emotional, intellectual and utilitarian. Poetic inspiration: Poets does not write what he has thought to say, but because he is inspired. It means they do not compose the poem based on some virtue and reason, but based on some impulses and non rational kind coming from supernatural source. A sudden outpouring of the soul based on the sudden impulse of the moment does not be based on reason. Hence their pronouncements are unreliable and uncertain. They are not safe guides and it cannot be followed, it also cannot make the individuals a better citizens and the state a better organization. There might be some truth in them, for they are divinely inspired, but such partial and imperfect truths must be carefully examined. Such truths cannot use as substitute for knowledge based on reason. As the poems are based on the ‘divinely inspired’ and completely based on inspiration, sometimes the poets themselves cannot explain what they write. Another aspect of poetry which he criticizes is, the imitation or blind reliance on the passionate elements of the soul. He Plato divides the soul into three parts: (1) rational, (2) spirited, (3) appetitive. The imitation of the non rational part of the soul will give grater pleasure. The poets and the other artists imitates this baser, non rational part of the soul, and it leads them to away from reality and reason and become merely indulged in emotional outburst. The poets will be ashamed in their real life of the emotional over pouring which takes place during their poetic or other artistic performances. He condemns poetry in Republic X, for the poets, â€Å"they feed and water the passions instead of drying them up, and let them rule instead of ruling them as they ought to be ruled, with a view to the happiness and virtue of ‘mankind.† Based on all these ideas he strongly condemned poetry and argued that poetry cannot take the place of philosophy. The emotional appeal of poetry: Plato’s another charge against poetry is its appeal to the emotion. Being a product of inspiration, it effects emotion rather than reason, the heart rather than intellect. Emotions being just impulses like the poetic inspiration it cannot be trusted and act as safe guide as reason. The poetry at the time of Plato was tragic, in which the weeping and wailing were indulged to move the hearts of the spectators. He says in the republic â€Å"for f we let our own sense of pity grow strong by feeding upon the griefs of others, it is not easy to restrain it in the case of our own sufferings†. Non moral character. Plato’s another criticism against poetry is its lack of concern with morality. Poetry (and drama) is not conducive to social morality as poets pander to the popular taste and narrate tales of man's pleasant vices. Poe ts tell lies about gods. Gods and their representative heroes are represented as corrupt, immoral and dishonest in the epics of the poets (especially of Homer). This pervert public taste and morality. Children tend to imitate the doings of gods and other heroes as told to them by their mothers, they fashion their own conduct on what they read. It also hurt him to see virtue often coming to grief in the literature esteemed in his days – epics of Homer, narrative verse of Hesiod and tragedies of Aeschylus and Euripides. He says in republic â€Å"they give us to understand that many evil livers are happy and many righteous men unhappy†. Plato attacks poetry on intellectual grounds as well: poets have no knowledge of truth, for they imitate appearances and not the truth of things, illusions instead of reality. Poets, like painters, imitate the surface of things. Beyond the world of the senses there is another world, the world of ideal reality, where concepts, like truth, virtue, beauty, etc. , exist in an ideal form. Poetry is the product of futile ignorance. The poet who imitates without really knowing what he is imitating is demonstrating both his lack of useful purpose and his lack of knowledge. At last Plato says that â€Å"no poetry should be admitted save hymns to the gods and panegyrics on famous men. † The poets may be honoured, but they must be banished from his ideal state.

The rights of a trustee - Free Essay Example

Sample details Pages: 8 Words: 2502 Downloads: 1 Date added: 2017/06/26 Category Law Essay Did you like this example? Upon a trustee accepting their role, they are bound by certain duties to the trust and its beneficiaries, which they must exercise with due regard when discharging their trustee power. These are predominantly governed by the Trustee Act 1925, as amended, however there have also been many occasions where the courts have sought to elaborate upon these duties in such a way that widens or restricts the scope of their application, and thus also affects the possible rights of beneficiaries to certain privileges under the trust. This brief will seek to explore the ways that the courts have imposed certain duties and restrictions on trustees, particularly in relation to the disclosure of information. Don’t waste time! Our writers will create an original "The rights of a trustee" essay for you Create order In order to analyse such an issue, it is important to firstly have an understanding of the general fiduciary duties, and other general law duties, of trustees upon their appointment to their position. As such, a number of legislative and common law provisions will be discussed. Perhaps the most important point to be made about the duties of trustees is that it is generally defined by the text of the trust instruments, and the general law simply provides a background that allows a settlor to set the boundaries of these duties. This is best evidenced in the case of Target Holdings Ltd v Redferns (a firm), where Lord Browne-Wilkinson said: à ¢Ã¢â€š ¬Ã‚ ¦the basic right of a beneficiary is to have the trust duly administered in accordance with the provisions of the trust instrument, if any, and the general law.[1] This means that a breach of duty can only occur if there was a specific duty outlined in the documents that established the trust, or are in breach of general law pro visions, and any absence of such a specification means that a trustee has effectively acted in accordance with their duties under the trust. It is also important to note that a testator can also modify or exclude any of the general law duties applicable to trustees by specifying as such in the trust instruments. This may be an unusual situation, however the common law provides for such a scenario to arise. This is best demonstrated by the case of Hayim v Citibank, where Lord Templeman stated: It is of course unusual for a testator to relieve the trustee of his will of any responsibility or duty in respect of the trust property, but a testator may do as he pleases.[2] Essentially then, while the general law imposes certain duties on a trustee, the testator is free to modify and amend these duties as he or she sees fit, thus limiting the scope of application of the general law in relation to trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ duties. HayimHIn light of the issue at hand, this could be co nstrued as there not being a duty upon the trustees to minute their trustee meetings, unless there is a specific provision that requires them to do so in the trust instruments. The general law in relation to the disclosure of information to beneficiaries will be discussed in more detail shortly, however the general rule in relation to this would suggest that there is no specific requirement for trustees to document their decisions in the minutes of a trustee meeting. However, if they still choose to do so, they may be subject to the rules of disclosure of information to the beneficiaries upon request, which will be discussed in further detail shortly. In regards to the management decisions that a trustee is allowed to make, there are a number of statutory provisions that indicate to this extent. These include the power to raise money by sale or mortgage of the trust property (but does not apply to the trustees of a charity, which raises separate issues not necessarily within the sco pe of this brief),[3] the power to give receipts,[4] the power to insure the trust property and pay those premiums out of the trust funds,[5] and the power to compound any liabilities of the testator by taking action that they think fit to resolve the situation.[6] As one can see, the trustees of a trust are given substantial powers to exercise on behalf of the testator (or settlor, as the case may be). As such, there also needs to be recognised limits to this power, which this brief will now discuss. Common law does not recognise the fact that a trustee owes a duty of care to the beneficiaries (and the testator or settlor) when exercising their role, however equity does. Under equity, a trustee is à ¢Ã¢â€š ¬Ã…“merelyà ¢Ã¢â€š ¬Ã‚  required à ¢Ã¢â€š ¬Ã…“to conduct the business of the trust in the same manner that an ordinary prudent man of business would conduct his ownà ¢Ã¢â€š ¬Ã‚ .[7] This has since been codified in legislation, giving it a more direct and relevant eff ect.[8] The Trustee Act 2000 gives the duty of care the scope of application to apply to trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ decisions relating to investment, acquisition of land, insurance, and also in instances where that managerial power has been delegated to others.[9] Limits to the application of this duty are also recognised, such as that in Re Godfrey, where Bacon V-C said: No doubt it is the duty of the trustee, in administering the trusts of a will, to deal with property intrusted into his care exactly as any prudent man would deal with his own property. But the words in which the rule is expressed must not be strained beyond their meaning. Prudent businessmen in their dealings incur risk. That may and must happen in almost all human affairs.[10] In other words, while the trustee is required to exercise a reasonable standard of care, they cannot be held accountable for any loss incurred where the risk of such a transaction was deemed to be coincidental to the ordinary course o f business. In addition to the duty of care, a trustee is required to also act in the interests of fairness to the beneficiaries of the trust, respecting the fact that the beneficiaries obviously need to benefit as a result of the trust. The most authoritative case on this duty is that of Nestle v National Westminster Bank plc, where Hoffman J said: This brings me to the second principle on which there was general agreement, namely that the trustee must act fairly in making investment decisions which may have different consequences for different classes of beneficiaries.[11] This means that a trustee must not only consider the interests of the beneficiaries as a whole when making management decisions, but must consider the fairness of the effects of these decisions with regard to all the different classes of beneficiaries under the trust. These are perhaps the two most relevant duties that a trustee must have regard for, beyond their other fiduciary duties imposed upon commenc ement of their appointment as a trustee. These fiduciary duties include not to sell trust property to him or herself (the self-dealing rule) and to make the purchase of such property fair (the fair-dealing rule),[12] a duty to not place themselves in a position of conflict,[13] and a rule against unauthorised profit.[14] These are just a few examples of the duties that trustees owe to the beneficiaries, and to the trust as a whole. As one will note, there seems to be no duty that has arisen under general law principles that provides for a requirement for minutes of trustee meetings to be kept. Rather, this is left either to the text of the trust instruments or, where such a specification is absent, the discretion of the trustees. The court recognises that trustees have a à ¢Ã¢â€š ¬Ã…“wide discretionà ¢Ã¢â€š ¬Ã‚  when exercising the role of their office,[15] however it is clear that these powers are quite restricted, but not to the extent where the rationale behind the decisions is required to be documented and presented to the beneficiaries upon request. The idea of a beneficiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to information has been significantly expanded upon by the courts in recent times. Previously, the courts have adopted the view that access to information by the beneficiaries is a proprietary right of being a beneficiary, and that they should have access to all trust documents upon request. This is best displayed in the case of Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Rourke v Darbishire, where Lord Wrenbury said: The beneficiary is entitled to see all trust documents because they are trust documents and because he is a beneficiary. They are in this sense his own.[16] This presented a key issue. It assumes that all information relating to the management of the trust is able to be accessed on a proprietary basis, thus often denying the trustees the confidentiality and, in effect, trust to exercise their role fully without external and extraneous influence. This propri etary right was later objected to in the case of Re Londonderryà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement,[17] where it was held that trustees who exercise a discretionary power are not bound to disclose the reasons for their decision to other parties, but can choose to do so if they wish. Interpreting such conflicting case law is tough. It presents two opposite points of view in relation to the duty of a trustee (or trustees) to disclose information to beneficiaries, making it difficult to establish whether such a duty exists. The most significant progress made on expanding this duty in recent times would be that made in the case of Schmitt v Rosewood Trust Ltd, where it was held that while the previous case law was not easy to reconcile, the overriding concern was to protect the confidentiality of information relating to managerial decision made by the trustees, thus granting them the privacy and security they require to exercise their dispositive discretions, and that such a right would over ride any proprietary right that a beneficiary may have to that information.[18] This case is technically not binding in England as it relates to a trust formed in the Isle of Man; however it is assumed it will be followed, given it has been followed in a number of other jurisdictions already.[19] In Australia, it has been established that the court must find a balance between disclosure of the information and the need to protect confidentiality in the interests of promoting a safe environment for managerial decision-making.[20] In short, it would appear that the courts are moving more towards the adoption of protection in favour of the trustees, more so than allowing the information to be discovered by the beneficiaries. While there is no clear duty in general law requiring trustees to either record or disclose reasons for their decisions in any event, there is also suitable protection ensuring that, even if such reasons are recorded, they are not subject to easy disclosure to the b eneficiaries, due to the often sensitive nature of such business material. In conclusion, this brief has considered many aspects of a trusteeà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to the beneficiaries and the trust. It discovered that most trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢ duties arise as a result of their inclusion in the documents that form the trust, and are merely expanded upon by the general law. As such, there is no clear requirement that requires trustees to document and record their decisions (and reasons for those decisions) in the minutes of the meeting, unless there is a specification as to such a procedure in the trust instruments. The general law remains silent on this issue, thus emphasis needs to turn toward the trust instruments themselves, given that it has been established that the testator or settlor is able to modify or exclude general law duties if he or she (or they) specify as such in the trust instruments. In any event, it has also been established that decisions made by the t rustees in relation to the management of the trust are afforded considerable confidentiality under the general law, which can often override any proprietary right which a beneficiary may have to the information. It has been established that the board of trustees is not required to disclose its reasons for making a decision, and also that the court will generally be required to make a consideration which balances the need for the information to be released in conjunction with the need for it to be protected in the interests of promoting a safe decision-making environment. The law seems to fall in favour of the trustees, imposing a burden on the beneficiaries to petition the court with just cause as to have the information released, however it seems in all likelihood that a court will often serve to protect the information relating to managerial and administrative aspects of the trust, as it is the trustees that are empowered to make these decisions and, given that the discretion they possess is considerably wide, there is a need for them to exercise this discretion in an environment that would promote safety and the integrity of the decision-making process. Bibliography Books Pettit, P, Equity and the Law of Trusts (2006, 10th ed), London: Oxford University Press Watt, G, Todd and Wattà ¢Ã¢â€š ¬Ã¢â€ž ¢s Cases and Materials on Equity and Trusts (2005, 5th ed), London: Oxford University Press Legislation Trustee Act 1925 Trustee Act 2000 Cases Boardman v Phipps [1967] 2 AC 46, HL Broere v Mourant Co [2004] JCA 009, [2004] WTLR 1417 Foreman v Kingstone [2004] 1 NZLR 841 Fry v Fry (1859) 28 LJ Ch 591 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 403 Hayim v Citibank [1987] AC 730, PC Nestle v National Westminster Bank plc (1996) 10(4) TLI 11, CD Re Godfrey (1883) 23 ChD 483 Re Londonderryà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1963] Ch 918, [1964] 3 All ER 855, CA Re the Intermine and the Intertraders Trusts [2004] JLR 325 Re Thompsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement [1986] 1 CH 99, CD Schmitt v Rosewood Trust Ltd [2003] UKPC 26, [2003] 3 All ER 76 Sergeant and another v National Westminster Bank plc (1990) 61 P CR 518, CA Speight v Gaunt (1883) 9 App Cas 1, HL Target Holdings Ltd v Redferns (a firm) [1996] 1 AC 421, HL Tito v Waddell (No 2) [1977] Ch 106, CD 1 Footnotes [1] Target Holdings Ltd v Redferns (a firm) [1996] 1 AC 421, 434A, HL (Lord Browne-Jackson). [2] Hayim v Citibank [1987] AC 730, PC (Lord Templeman). [3] Trustee Act 1925, s 16. Also note the fact that a trustee is also compelled to obtain the best price for the sale of the property, which may result in them having to renege on an already existing offer. For an example of this, see Fry v Fry (1859) 28 LJ Ch 591. [4] Trustee Act 1925 as amended, s 14. [5] Trustee Act 1925, s 19. This section is presented as amended by the Trustee Act 2000. [6] Trustee Act 1925, s 15. This section is also as amended by the Trustee Act 2000. [7] Speight v Gaunt (1883) 9 App Cas 1, HL. [8] See Trustee Act 2000, s 1 and sch 1. [9] Trustee Act 2000, sch 1. [10] Re Godfrey (1883) 23 ChD 483, 493 (Bacon V-C). [11] Nestle v National Westminster Bank plc (1996) 10(4) TLI 11, CD (Hoffman J). [12] Tito v Waddell (No 2) [1977] Ch 106, CD; Re Thompsonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlemen t [1986] 1 CH 99, CD. [13] Sergeant and another v National Westminster Bank plc (1990) 61 P CR 518, CA. [14] Boardman v Phipps [1967] 2 AC 46, HL. [15] Nestle v National Westminster Bank plc (1996) 10(4) TLI 11, CD (Hoffman J). [16] Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Rourke v Darbishire [1920] AC 581, 626-7, HL. [17] [1963] Ch 918, [1964] 3 All ER 855, CA. [18] Schmitt v Rosewood Trust Ltd [2003] UKPC 26, [2003] 3 All ER 76. [19] For example, this case has been adopted in New Zealand in Foreman v Kingstone [2004] 1 NZLR 841. See also Broere v Mourant Co [2004] JCA 009, [2004] WTLR 1417 and Re the Intermine and the Intertraders Trusts [2004] JLR 325 in Jersey. [20] Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSWLR 403.