831 resultados para trustee powers and duties


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Mode of access: Internet.

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This article provides an analysis of R v Vollmer and Others, Australia’s most famous ‘exorcism-manslaughter’ case, in which a woman, Joan Vollmer, underwent an ‘exorcism’ performed by four people, resulting in her death. We examine how taken-for-granted distinctions were collapsed during the resulting trial - distinctions between crime and punishment, exorcism and punishment, church and state, the past and the present, law and religion, reason and unreason and between a demon and a woman. We show how the defence argument for the reality of demonic possession normalized the bizarre, while simultaneously exoticizing the mundane or ‘traditional’ criminal case involving a husband defendant and a dead wife. The apparent assumption on the part of the police and the media that this case was bizarre serves to veil the fact of its relative ordinariness. A wife is killed, and the lethal punishing violence inflicted on her body downplayed, to be reinterpreted in the legal context as somehow a consequence of something she herself precipitated. Our analysis of the Vollmer case provides a novel perspective on that always intriguing conundrum of crime and punishment.

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Previous research has produced contradictory findings about the impact of challenge stressors on individual and team creativity. Based on the challenge-hindrance stressors framework (LePine, Podsakoff, & LePine, 2005) and on regulatory focus theory (Higgins, 1997), we argue that the effect of challenge stressors on creativity is moderated by regulatory focus. We hypothesize that while promotion focus strengthens a positive relationship between challenge stressors and creativity, prevention focus reinforces a negative relationship. Experimental data showed that high demands led to better results in a creative insight task for individuals with a strong trait promotion focus, and that high demands combined with an induced promotion focus led to better results across both creative generation and insight tasks. These results were replicated in a field R&D sample. Furthermore, we found that team promotion focus moderated the effect of challenge stressors on team creativity. The results offer both theoretical insights and suggest practical implications. © 2013 Elsevier Inc.

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Duties owed in banker customer relationships, with reference to Greenwood duty, duty to inform customers of new accounts and services, duty of confidentiality, drawing cheques on insufficient funds and restricting lender's discretion.

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Mathematics Subject Classification: 47A56, 47A57,47A63