Participatory Workplace

The organization to which I am affiliated employs about five employees. The owner of the workplace is our boss. Typically, the organization is receptionist; that is, it is produces service-oriented products. The organization produces only hair products since it has limited resources to diversify product sale. Compared with other business establishments, the organization is small. In my 25 years of work, the organization grew little probably because its capital base was insufficient for expanding capital outlay. The organization though continues to provide the public quality hair products. Its supply chain of hair products is relatively open and diverse. The organization can procure hair products from different manufacturers. This makes transactions more competitive (because of the existence of many manufacturers). The organization is typically controlled by the principles of human resource management. Independent contractors are used for the procurement of supplies. Hiring of employees involves several stages. First is the identification of positions vacant. Second is finding potential recruits to fill these vacancies. Third is training the recruits to ensure that they will become high performing employees. The selected recruits will be hired. They will be given employment packages and benefits (corollary to their type of work). Terms of employment and regulations of the firm will be discussed in scheduled sessions. This is done to make the employees aware of the firm’s policies and current economic standing. Regulations will serve as limits to employee behavior in the workplace. Most of the time, regulations are systematically arranged in manuals which are given to employees. In the case of my organization, selection of potential employees is easy and not as restrictive as that of large business establishments. Usually, selection of potential employees and the training period are limited to 2 or 3 weeks. Orientation of the organization’s policies and regulations usually take a day (this is so since the organization is small). In sociology, centralization is defined as the process by which activities of an organization, especially those about decision-making are concentrated within particular positions or areas. Centralization can be vertical or horizontal. Vertical centralization is the typical relationship between departments and the board of directors. The board of directors usually provides the general framework of a given policy. The managers of the departments implement the provisions of a policy. Hence, the managers execute the specifics of a given policy. Horizontal centralization is the typical relationship between departments. In organizational theory, some departments are generally important than other departments. For example, the sales department is usually more important than the legal department of a firm precisely because the former holds the future of the firm. The sales department determines the financial status of a firm. Hence, relatively, the actions of the sales department may determine the actions of the other departments. Under centralization, open communication is only possible between managers of several departments and the general manager of the firm, and between the board of directors and the general manager. Open communication between ordinary employees and the management is done through division supervisors (although the information becomes blur as it passes from one level to another). Open information is only possible for high level managers and of course, the board of directors. Standardization is the process of agreeing upon a given set of guidelines for interoperability. Standardization is tantamount to enacting rules to maintain the operability of an organization. Hence, an organization creates standardized procedures in order to provide the employees an efficient and effective means of rendering work to the firm. For example, standardized guidelines for hiring employees allow a given company to select the best and efficient people to occupy vacant positions in the company. In addition, standardization generally prevents work discrimination in a company. This is so since the behavior of all workers in a company is limited by standardized work procedures. Role specialization in industrial sociology is defined as the diversification of job positions in the workplace. As one may note, jobs in most companies are highly diversified. Diversification ensures efficiency and effectiveness of a company. Diversifying job positions saves time and amount for a company. In addition, diversification provides the avenue for increased cooperation and interdependence among workers. For example, rather than employing two script writers, it is efficient for a film production group to employ one script writer and one film reviewer. This saves time for the firm. Autonomy is a condition in which employees are given some freehand over the nature and discourse of their jobs. This is typical of research firms where employees are given deadlines. The employees are free to do anything so long as the prescribed work is finished on or before the given deadline. By giving some autonomy to the employees, alienation is prevented. The employees are able to exercise their work values (professionalism) and skills without institutional limits. The distribution of power in a firm should be made more uniform to allow workers more voice. Resting power to one person or group of persons prevents workers from airing their grievances. Thus, in making the distribution of power more uniform, the firm creates institutions or channels that can absorb all the grievances and needs of the workers. Once the grievances are well documented, negotiation is the only plausible option. In the negotiation process, the management and the workers should have equal powers in terms of negotiation. The options that management will take should be compensated by the actions that the workers will enforce. Technology should be made more human-resource oriented; that is, technology should put under the discretion of both the management and the workers. If the management solely controls the direction of a firm’s technology, the workers loses value. If the control and direction of a firm’s technology solely belongs to the workers (e.g. in communist countries), the firm loses potential earnings. Therefore, there is a need to strike a middle position between the management and the workers. A middle position will enable the two parties to cooperate effectively with regard to the use of technology in the company. In addition, this will make work more participatory (employees and the management). In terms of skill, no substantial changes are necessary except that related skills should be realigned. This will allow more cooperation between employees, and consequently, making work more participatory (since every job in the firm is viewed essential to the continuity of a firm’s operations). Here are then the necessary changes that the management should undertake to make work more participatory: 1) Realigning related jobs – increased cooperation among related jobs increases employee participation and motivation of employees; 2)Putting some technologies of the company under the control of the employees – the employees will determine the production process (work in general), making their perception of the workplace more positive. This will generally increase participation among employees; 3)And, institutionalizing open channels of communication (grievances included) – the needs and grievances of the employees will be taken into account by management. If these needs and grievances are addressed, the management will expect an increased worker propensity to participate in company activities. Reference Hall, Richard and Pamela S. Tolbert. (2004). Organizations: Structures, Processes, and O

And We Walked Right Through the Door Essay

â€Å"Anything I can help you find? † inquired the chubby female clerk wearing a cheesy red uniform vest complete with â€Å"Hi! My name is Amy, How can I assist you? † BS name-tag. Right away I recognize this this to be the limited dialog that clerks are required to resort to when they feel certain shoppers are suspicious, to remind them they’re being watched I suppose. I replied smiling, â€Å"No, my buddy’s in the bathroom, just looking around thanks. † the act starting to make me a bit queasy. â€Å"Alright then† she creaked, an undertone of distrust. From there I’m left to my own devices, or so they would like me to think. However I know otherwise as I’m using the very same tools that insurance managers and loss prevention employ – namely strategically placed fisheye thief catching mirrors – to keep an eye on the store walker who, after that terse conversation, started following me. Interacting with people who have an inkling that I’m up to no good while cradling nearly $150 worth of stolen goods in my coat, (just under the federal limit mind you) brought on strong feelings of sickness mixed with a rush of adrenaline†¦ maybe I was getting too old for this shit. After skirting my tail, I head for the back entrance which has posted up what looked to be a normal run of the mill alarm system. However having worked this place over several times before, I knew that this was simply cosmetic and no longer functioned properly. My best guess is the store was too broke to repair it, in part due to klepto jack-asses like me and my crew. Most likely they allowed this skeleton of a system to stay standing in hopes that it would deter those that didn’t know any better. In fact most of the security equipment in this place was for show. From the dozens of shaded domes mounted in the ceilings where maybe one quarter of them actually held security cameras, to the magnetic tags – or bugs as we coded them – that had no activated strips in which to trip the alarm systems that did work. Their security measures were as false as my attitude towards clerk Amy, only I felt I was better at hiding the fact. ?This was my hobby. I started at a very young age, six, maybe seven years old and only because I hated being told that I couldn’t have candy or toys that seemed to me within reason. The usual excuse always came back a whining â€Å"Because we don’t have the money, Craig† despite the fact we always seemed to have enough for coffee, cigarettes and booze. It was at that young age where it seemed straight forward enough to me take the item of my simple fancy, slip it in my pocket, and – most importantly – try not to be seen doing this. It wasn’t until a few years into my â€Å"hobby† that I was finally discovered in the act by, of all people, my little sister, Melissa. We were on our way to school when I suggested a stop at a small grocery mart, where she made a bee line for the freshly made donuts. While she was busy ogling the poignant sweets, I went to work finding fruit roll-ups to procure. As I started stuffing the box of snacks into my brothers’ oversized, hand-me-down, blue-green Dolphins starter coat, my sister caught up, discovering me in mid-theft. She asked â€Å"Why are you taking that? † wide eyed and confused. Hushing at her â€Å"Because I wanna share some with my friends, and you know how Mom and Dad are about money! † I pleaded quietly, the cashier’s too busy dealing with the morning flood of coffee and newspaper sales to notice. This line of reasoning seemed well enough for her and she agreed not to tell anyone, the deal sealed by sharing some of the spoils. I thought that would be the end of it†¦ turns out I was wrong. Over the next few weeks she wasn’t just stealing shit left and right, but bragging to me about it! It was no surprise to me when later that month my parents had to pick her up from the local mall security center, having been caught shoplifting Barbie accessories. Even worse, she dragged a friend of hers along for the ride and, after being caught red handed, tried to frame the poor girl she brought along as the evil master mind behind it all. Though I felt raw about leading my little sister into my bad habit, I still thought to myself â€Å"better her than me†. At the time, we had just moved into a newly built Habitat for Humanity home in a strange sort of raffle for low-income families. Though it was nice to live in a new house, one of the downsides was that one could hear everything that was happening in every other room, which left the feeling of having little to no privacy. It was excruciating to hear punishments that either of my siblings might receive, like say in the case of my little sister getting caught shoplifting. From down in the living room, my mother and I attempted to focus on The Andy Griffith Show though I couldn’t help overhear the post punishment conversation between my father and sister. â€Å"What were you thinking!? How many times have we told you that taking things is wrong!? † he yelled, my sister still sobbing from the hot ass-whopping she’d just received. He continued the inquisition â€Å"What made you think you could even get away with something like this, huh?!? † she answered near yelping â€Å"Because I saw Craig take something from the store! I slammed my eyelids together hard hoping it would make me invisible, though I could feel the scorching glare from my mother who was eaves-dropping on the conversation as well. After my own hot ass-whopping, I was ordered to gather up all things I’d stolen. Though I didn’t give them everything, what I did pile up was still a pretty impressive haul, namely cheap toys like yo-yos and Gak; I’d be damned if I was going to give up my Sega games, it was no picnic acquiring those gems. It didn’t take long before I felt safe enough to get back in the saddle, my only lesson being a stricter discretion toward my parents finding out. Oh yeah, the crew I mentioned earlier. While there were always a few lame duck part-timers that came and went the main trio consisted of Dustin B. , code name â€Å"D†, Walter R. aka â€Å"Strangler† the muscle, and me whom they had dubbed â€Å"Slyde†, or â€Å"Sly† for short. This was actually based on some form on confusion as Slyde was what I had named my â€Å"customized† coat for all intents and purposes. The customization of the coat was simple: cut holes out at the bottom of the pockets enabling me to hide cargo all the way round the back with the insulation fluff, some of which I had removed to avoid looking too lumpy as I added new items. D was the first to join my group and a sort of protege. He’d say things like â€Å"You never know when you’ll be in a position to have to steal stuff, like if the government falls! † and considered my rabble rousing to be more of a hidden art form. We’d play games of risk with one another, upping the stakes to hone our skills. Strangler wasn’t really a thief, more of a muscle guy. He wasn’t into games of risk, but he’d happily beat the living shit out of anyone who might get in our way. A perfect crew for what we were doing. ?We had codes for everything, bugs and spiders for mag-tags and stickers, hawks and Tony’s for cameras and walkers. We even had codes to let each other know what was to be bought (purchased) and what was to be stolen (buy) while still speaking in laymen’s terms. In my home state of Michigan, thankfully, one could wear a coat for nearly eight to nine months out of the year, and no one would consider it suspect. Though when dealing in the art of theft, you’ll need more than a custom coat to get by. I had put together a base set of five rules through my tenure, which I regularly preached to my fledgling group: 1) Never go on a run alone. Sometimes you might need the muscle to help you out of a bind; this was Strangler’s territory. In one particular incident, a well-built bald white guy came from, what seemed to me nowhere, placing his hand on my shoulder, â€Å"Sir, I’d like to talk to you about the items in your coat†. The next sounds heard were a shopping cart being revved up to ramping speed, Strangler behind the bar. The large man having no time to react, literally went head over heels into the cart, and off into the sunset. His ride was only cut short by a parked van he crashed into mid lot, where he and the cart crumpled over in a sad heap. We had a good laugh about it as we jaunted away. ) If you frequent a place, at least buy something to make it look a bit less shady. There’s nothing more obvious than your ugly mug walking into a place and never buying anything. After the third or fourth occurrence, they’ll stop to search you on principle alone (This is Detroit). 3) If you’re going to steal something, act like you’ve been there before. There’s nothing more hideously obvious than someone who looks around to see if they’re being watched. Also, the occasional outburst by local crazies or crotchety old men – any form of sudden distraction really – was a quick and easy pass to get the hell out of dodge while the gettin’s good. ) Get off the grounds as soon as possible! Store walkers are legally obligated to stay on company property, which led to another obvious conclusion: don’t hit a place up if it already has actually law enforcement on the premises, na mely because real pigs don’t have such limited jurisdictions, and probably because they’re already there for some other fool who’s been caught. 5) Lastly and to the point, don’t steal more than the federal limit. It’s not like it was difficult or unthinkable, just more risk than what it’s worth to my thinking. This was shoplifting 101 and I was the head instructor. It was a few years into our chaotic campaign when all my concerns were to be quantified; when new-bird Marty R. hit the scene. Though we’d known Marty for years (due to the fact that I was dating his younger sister), we were apprehensive to have him join our little club because of his garish nature. He was a tall sum bitch, at least a full nine inches taller than me, and I was six foot myself at the time. Big knarley knuckles, rail thin from a ridiculously high metabolism mixed with malnutrition, and bright Irish red hair earned him the code name, â€Å"Red†. There’s a saying that red heads are either drop dead gorgeous, or butt ass ugly, Red here was the latter. Aside from being really tall, he had a pension for the dramatic which meant he always spoke loudly, attracting attention. If that weren’t enough, he also tried to sport a mo-hawk that was supposed to be dyed atomic red, but came out neon pink. He had done well enough on his first few excursions, though as I tended to do with all newbies, first timers got the benefit of being surrounded by us young punks ready to throw down as they got the chance to exercise their sticky fingers. Not to mention, first timer’s targets happened to be large places where we had little issue with security, and where there were several other casual shoppers to take focus away from us. This was particularly effective on busy shopping days like Black Friday, one of my personal favorites. ?Red and I had stopped in a larger chain for nothing more than a two liter of soda for the troops back at one of our crash sites. Now not every visit to a store is made to pilfer items, because as the saying goes, ‘it’s not a party if it happens every night’. Red being the new guy wasn’t really hip to this idea yet, and was still very anxious to take what he could, as if there were no tomorrow. As I sleepily moved to the cold drinks at the back of the store, and not from the wall of tepid soda they displayed for chumps and out-of-towners up front, Red informed me that he was going to use the rest room, where vagabonds like us would normally go to clean up a bit. It may have been the way he said it, but I instantly got a bad feeling. Realizing that I had just woken up to take on this small task for the group, I shook off the vibe and told him to meet me outside in our usual spot when he was done. Sometimes, I hate it when I’m right. Red took it upon himself to yank a few items without me knowing, a wallet, a crappy ten dollar watch, and a fake gold necklace/locket combo for some girl he was crushing on. From this, he might as well have broken rule number one in not letting me know his intentions. As I stood waiting in the check-out line cold pop in hand, I noticed Red making his way out trying to look as though he hadn’t taken anything, a sure distinction to my eye. I had the mind to drop the pop and run over to him: not so much to help him, but rather to chew him out for being such a chud. However it was too late, the horrible scene I’d sought to rally against unfolded before me, as if I was given a front row seat. After the fact, I could only guess that this store had some idea about our group and its past debauchery, since they used three Tony’s to surround and take Red away. I wasn’t ready, we weren’t here on a mission, we were here for fucking soda! I felt like screaming at him, the mix of helplessness and anger at his dishonesty keeping me anchored to the floor as I looked on, holding the building express line up. As he was ushered past, he looked at me with those sad sorry eyes, where all I could do was look back, mouth agape. This moment also felt like a strong message for yours truly, the Tony’s eyes staring at me, warning â€Å"You’re next hot shot†. Unfortunately, this wasn’t Red’s first offense and he was later sentenced 2 years for what amounted to less than $30 worth of merchandise. Now Marty wasn’t much of a fighter, and considering his height coupled with the fact that his hair had mistakenly come out neon pink, brought a whole other hellish dimension towards the thought of time in jail for him. Yes, this was a sad day for our company indeed, but an affirmation of the rules I had laid down to begin with. I scorned the others with the story, probably because I wasn’t able to yell at Red, or more likely out of shame that I wasn’t able to do something about it myself. ?Some time has passed and I’ve all but stopped stealing. I might yoink a pack of batteries here and there, or occasionally walk out on a check if the server makes me wait too long, but these trifles are rare. Recently, I landed a position in loss prevention for a small chain of stores; the irony of this never fails to cheer me up. I even tried to stay in decent shape for the job by making it a point to run/jog in, or maybe old habits of being ready for a chase die hard. I was assigned a new store where they were going through the normal jargon, giving us the cue codes for theft in progress, blind spots to patrol, and all the other dirty little secrets I would have killed for back in the day. As I was being briefed by my new manager, I realized just how much of a royal prick he was, just from how he thought so much lesser of people that resorted to stealing. The more he talked, the more I indulged a day dream of feeding his pretentious ass to Strangler and how that would pan out. My first shift was painfully uneventful, right until the last hour as I started to get in the mindset of what to do once I was free again. It was at that time when Mr. douche-bag manager busted in to the surveillance room, like he was hopped up on too many energy drinks. â€Å"Look alive ladies, we got some kids in the liquor isle, and I’m damn sure they’re gonna grab something. They’ve been casing it for a while, looking all sorts of suspicious, so let’s get out there and NAB ‘EM! trying to be all team player, as if we were all supposed to put our hands in or something. To be honest, this was the part of my job I hated most, seeing new jacks like this give my former hobby a go in the worst way. Ducking their heads about, apprehensive yet obvious about whether or not they’re going to put an item in their jacket. Sure enough, scoping out these scrubby teens through a large fish eye mirror, I saw firsthand one of them squirrel a fifth of whiskey into his windbreaker, and make his way for the exit. Panic was written all over his face as he wrangled up the other two snots with him, simply disgraceful. The worst of it was when they neared the exit. We didn’t even have time to start in on our usual spiel before it suddenly turned into a free for all, the three of them sprinting off in unison. The two â€Å"friends† that the holder came in with, bolted in the exact opposite direction, leaving the actual target on his own. I’m not sure if they did this thinking they’d fool us with misdirection, or if they just ran out of fear; my guess was they got scared and bailed. At this point, I’m not the only one giving chase; two other Tony’s and the dick-head manager were also trailing. The manager was the first to go down, no surprise, tripping on his own stupid shoe-laces not even 20 feet from the entrance, biting off a piece of his own tongue as his chin smashed against the asphalt. One of the Tony’s was a fat guy and gave in shortly thereafter, claiming â€Å"I’m gonna see if the manager’s O. K. , you guys keep going! † pathetic. Two down, two to go, and we’re gaining on him. This kid must not have known the perimeter rule, because he cut around heading for the back of the store, towards the receiving docks. Since e insisted on staying on the grounds, as far as I was concerned it was still game on. Thanks to my daily regimen, I felt as though I could run like this forever! Primal instincts kicked in, I felt as though I were a lethal cheetah closing in on its prey. It was about the time we were rounding the docks that the defeatist thumping footsteps of the other Tony sounded, signaling his dropping out of the chase no more than 70 generous yards from the door. Never mind all that, I was about to end it, he was going down, this kid was mine! I reached out grabbing at his shoulder, my hand getting a taste of slick fabric from his blue wind-breaker, when something clicked. I stopped chasing and let him go. I didn’t even bother to gloat out loud that I could have caught him if I wanted, it didn’t even seem important anymore. I stood there watching him continue to run for his life as I caught my breath. I contemplated the awesome story that the kid would have to tell all his friends – the ones he presumably stole the fifth for – and to call out his two accomplices for bitching out the way they did. Thought flooded me near the point of tears as I recanted my own misguided youth, and the thrill of getting away from a near miss as he had just encountered. If I had brought him back, I would have had no say in his punishment, and I’m sure they would’ve done to him the same as they did to Red. I no longer wanted to be responsible for the incarceration of others this way. I strolled back acting more tired than I actually was giving the staff some bullshit excuse as to how the kid eluded me; I mean, what the hell did they know, right?

Westdeutsche Landesbank Girozentrale

Previously, the courts had only allowed awards of compound interest if the claimant could establish a property right (though this was later reversed in Samara Metals Ltd v IIRC[I]). Accordingly Westchester bank argued that when it paid over the money a re us Ting trust arose immediately, because the bank plainly did not intend to make a gift. Among t he arguments, counsel for the bank submitted that a resulting trust arose on all unjust enrichment claim s, which this was, given that the basis for the initial contract had failed.The council contended that on trade sectional trust law principles here could be no resulting trust (and therefore no property right, and comps undo interest) because the council's conscience could not be affected when it could not know (before the judgment in Hazel) that the contract was void. A resulting trust needed to be linked to a deemed intent Zion of the parties that money be held on trust, but there was none because the bank had intended t he money to pass under a valid swap agreement (even though it did not turn out that way).It followed t hat compound interest could only begin accruing from the later date of the council's conscience been g affected. On the 18 February 1 993, Hoboes J held the bank could recover the money because the council had been unjustly enriched at the bank's expense, and could recover compound I interest. Hazel v Hammerheads and Pelham LABEL] was considered and Sinclair v Brougham] was applied. On the 17 December 1993, the Court of Appeal, with Dillon U, Elegant LLC and Kennedy LLC, upheld the High Court, with Andrew Burrows acting for Collision LB, and Jonathan Assumption ICQ for Westchester.The council appealed. Judgment The House of Lords by a majority (Lord Brownstone's, Lord Slyly and Lord d Lloyd) held that Westchester bank could only recover its money with simple interest because e it only had a personal claim for recovery in a common law action of money had and received. But the e bank had no pro prietary equitable claim under a resulting trust. There was no resulting trust because t was necessary that the council's conscience had been affected when it received the money, by knoll edge that the transaction had been ultra fires and void.Consequently it was necessary that there would d be an â€Å"intention† that the money be held on trust, but this was not possible because nobody knew that the transaction would turn UT to be void until the House of Lords' decision in Hazel v Hammerheads and Pelham LB in 1991. [4] In his Lordship's view all resulting trusts (even those described by Meagerly a s â€Å"automatic† in Re Bandleader's Trusts (No depended on intention and were not connected with the law of unjust enrichment. It followed that no trust arose, and there was only a personal claim m for the money back.This meant, said the majority, that only simple interest, and not compound interest t was payable (a controversial decision that was overturned in Samara Meta ls Ltd v IIRC[6]). The two dissenting judges, Lord Goff and Lord Wolf, also thought that there would be no resulting trust of the money because if a proprietary claim were available, in other case s like this it would have an unfair impact on other creditors of an insolvent debtor, and similarly because it could potentially be unfair if assets could be traced.However, they would have held that compound d interest should be available on personal claims. Lord Goff, however, expressly did not enter into a discussion of the points about unjust enrichment that went beyond the scope of the present case. Lord d Wolf quoted De Havilland v Powerboat[7] where Lord Mansfield CA stated, â€Å"that though by the common law, book debts http://en. Kipped. Org/wick/ do not of course carry interest, it may be payable in consequence of the usage e of particular branches of trade; or of a special agreement†.There was no reason why compound intern SST should not be awarded if it was ordinary com mercial practice. Lord Goff gave his judgment first, agreeing that there was no resulting trust of r different reasons, but in dissent arguing that compound interest should be awarded on personal claim (2) A proprietary claim in restitution have already stated that restitution in these cases can be achieved by means off personal claim in restitution. The question has however arisen whether the Bank should also have the benefit of an equitable proprietary claim in the form of a resulting trust.The immediate reaction must be why should it? Take the present case. The parties have entered into commercial transaction. The transaction has, for technical reasons, been held to be void from the beginning. Each party is entitled to recover its money, with the result that the balance must be repaid. But why should the plaintiff Bank be given the additional benefits Lord Goff. Which flow from a proprietary claim, for example the benefit of achieving priority in the event of the defendant's inso lvency?After all, it has entered into a commercial transact Zion, and so taken the risk of the defendant's insolvency, just like the defendant's other car editors who have contracted with it, not to mention other creditors to whom the defendant t may be liable to pay damages in tort. Feel bound to say that I would not at first sight have thought that an equitable proprietary claim in the form of a trust should be made available to the Bank I n the present case, but for two things.The first is the decision of this House in Since air v Brougham [1 914] AC 398, which appears to provide authority that a resulting trust may ended arise in a case such as the present. The second is that on the authority sees there is an equitable jurisdiction to award the plaintiff compound interest in cases who ere the defendant is a trustee. It is the combination of those two factors which has pr vided the foundation for the principal arguments advanced on behalf of the Bank in sup port of its submission that it was entitled to an award of compound interest.Lord Goff considered points about compound interest, suggesting there as no particular reason why compound interest should not be awarded for persona I claims. He then continued on the issue of proprietary restitution†¦ In a most interesting and challenging paper published in Equity: Contemporary Y Legal Developments (1992 deed. Goldstein). Professor Birds has argued for a wider roll e for the resulting trust in the field of restitution, and specifically for its availability in ca sees of mistake and failure of consideration. His thesis is avowedly experimental, writ ten to test the temperature or the water.I feel bound to respond that the temperature o f the water must be regarded as decidedly cold: see. E. G. , Professor Burrows in [1995] RL R 15. And Mr.. W. J. Swaddling in (1996) 16 Legal Studies 133. In the first place, as Lord Brownstone's points out, to impose a resulting try just in such cases is inconsistent with t he traditional principles of trust law. For on re accept of the money by the payee it is to be presumed that (as in the present case) the Eden itty of the money is immediately lost by mixing with other assets of the payee, and at the at time the payee has no knowledge of the facts giving rise to the failure of consideration.By the time that those facts come to light, and the conscience of the payee may there ebb be affected, there will therefore be no identifiable fund to which a trust can attach h. But there re other difficulties. First, there is no general rule that the property in money paid under a void contract does not pass to the payee: and it is difficult to escape the con occlusion that, as a general rule, the beneficial interest to the money likewise passes to the p aye.This must certainly be the case where the consideration for the payment fails after the payment is made, as in cases of frustration or breach of contract: and there a appears to be no good reason why the sa me should not apply in cases where, as in the pres .NET case, the contract under which the payment is made is void ABA monition and the considerate on for the payment therefore fails at the time of payment. It is true that the doctrine of mistake might be invoked where the mistake is fundamental in the orthodox sense of that word.But that is not the position in the present case: moreover the mistake in the p resent case must be classified as a mistake of law which, as at the law at present stands, c rates its own special problems. No doubt that uncircumcised doctrine will fall to be race insider when an appropriate case occurs: but I cannot think that the present is such a case, since not only has the point not been argued but (as will appear) it is my opinion the t there is any event jurisdiction to award compound interest in the present case.For all of these reasons I conclude, in agreement with my noble and learned friend, that there e is no basis for holding that a resulting tru st arises in cases where money has been paid u ender a contract which is ultra fires and therefore void ABA monition. This conclusion has t he effect that all the practical problems which would flow from the imposition of a rest Ting trust in a case such as the present, in particular the imposition upon the recipient o f the normal duties of trustee, do not arise.The dramatic consequences which would occur re detailed by Professor Burrows in his article on ‘Swaps and the Friction between n Common Law and Equity' in [1995] RL 1 5, 27: the duty to account for profits accruing f room the trust property; the inability of the payee to rely upon the defense of change of position: the absence of any limitation period: and so on. Professor Burrows even goes so far as to conclude that the action for money had and received would be rendered otiose SE in such cases, and indeed in all cases where the payer seeks restitution of mistaken p aments.However, if no resulting trust arises, it al so follows that the payer in a case such h as the resent cannot achieve priority over the payee's general creditors in the even OTF his insolvency a conclusion which appears to me to be just. For all these reasons conclude that there is no basis for imposing a resulting trust in the present case, and I therefore reject the Bank's submission that it was here .NET title to proceed by way of an equitable proprietary claim. I need only add that, in area Chining that conclusion, I do not find it necessary to review the decision Of Colluding J. N C hash Manhattan Bank AN v Israelites Bank (London) Ltd [1 981] Chi 105. Lord Brotherliness's judgment, agreed with by the majority, followed. Was there a Trust? The Argument for the Bank in Outline The Bank submitted that, since the contract was void, title did not pass at the date of payment either at law or in equity. The legal title of the Bank was extinguish d as soon as the money was paid into the mixed account, whereupon the legal title be came me vested in the local authority.But, it was argued, this did not affect the equitable inter est., which remained vested in the Bank (â€Å"the retention of title point†). It was submitted t hat whenever the legal interest in property is vested in one person and the equity blew interest n another, the owner of the legal interest holds it on trust for the owner of the e equitable title: â€Å"the separation of the legal from the equitable interest necessarily import TTS a trust. † For this latter proposition (â€Å"the separation of title point†) the Bank, of course, relies on Sinclair v Brougham [1914] AC 598 and Chase Manhattan Bank [1981] Chi 105.The generality of these submissions was narrowed by submitting that the trust t which arose in this case was a resulting trust â€Å"not of an active character†: see per Vise count Holland L. C. In Sinclair v Brougham, at p. 421. This submission was reinforced , after implosion of the oral argument, by sen ding to your Lordships Professor Pete r Birds' paper Restitution and Resulting Trusts,† Goldstein, Equity: Contemporary Leg al Developments (1992). P. 335. Unfortunately your Lordships have not had the advantage of any submissions from the local authority on this paper, but an article by Wi Lima Swaddling â€Å"A new role for resulting trusts? 16 Legal Studies 133 puts forward c enter arguments which I have found persuasive. It is to be noted that the Bank did not found any argument on the basis that t he local authority was liable to repay either as a constructive trustee or under the in p reason liability of the wrongful recipient of the estate of a deceased person establish deed by In re Diploid [1 948] Chi. 465. Therefore do not further consider those points. The Breadth of the Submission Although the actual question in issue on the appeal is a narrow one, on the AR GU meets presented it is necessary to consider fundamental principles of trust law.

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