The Prevention Of Computer Viruses Computer Science Essay

The Prevention Of Computer Viruses Computer Science Essay What is a computer virus? A computer virus is a computer program that can copy itself[1] and infect a computer. The term virus is also commonly but erroneously used to refer to other types of malware, including but not limited to adware and spyware programs that do not have the reproductive ability. A true virus can spread from one computer to another (in some form of executable code) when its host is taken to the target computer; for instance because a user sent it over a network or the Internet, or carried it on a removable medium such as a floppy disk, CD, DVD, or USB drive. How are viruses transmitted can be transmitted person to individual by bodily fluids like HIV. Viruses approaching the common cold can be transported through the upper air we breathe. Viruses can also be transferred from your pets to you. Fortunately our body has an immunodefense workings that is intricately designed to row these pathogens. How do you prevent viruses? List the softwareà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s name. The internet is an amazing place that allows each and every one of us easy access to a wide variety of resources. Unfortunately, there is an increasing amount of viruses, worms, spyware and spam that can easily infect your computer. Your computer in fact may already be infected and you may not even know it. If your computer is unusually slow or crashes periodically, it may be infected. In fact, if you do not address the problem with this computer it may in fact infect other computers on your network. The result of a virus or worm attack can include an inability to access the internet, missing icons on your desktop, missing files and many other potential problems. There are ways, however, that you can fight back. Of course before making any changes to your computer, it is always a good idea to make a backup. FIGHT BACK 1. Run Microsoft Windows Update often. With new viruses and worms constantly being created, it is important to keep the Microsoft Windows operating system up to date. Go to http://windowsupdate.microsoft.com and follow the instructions on screen. By installing the critical updates found on the Windows Update website, you are greatly reducing the chances of your computer from becoming infected. 2. Update the virus pattern of your Anti-Virus software frequently. Almost all Anti-Virus software programs update automatically, but you will want to check to make sure that this process is taking place. If a new virus is introduced and your pattern file is out of date, you will not be adequately protected against this new threat. I highly recommend the use of Trend Micro PC-Cillin. Unlike other antivirus software programs, it does not tap your system resources by taking up a lot of memory. It also works in a very transparent fashion with continuous pattern updates. 3. Remove Spyware and Adware. When you visit websites or install new software, you may be inadvertently installing Spyware and Adware onto your computer. Spyware and Adware allows third parties to: (a) monitor the use of your computer over the internet and (b) market specific products to you on the internet based upon the use of your computer. Go to http://www.download.com in order to download and install: (1) Ad-aware and (2) Spybot Search Destroy. Properly updated, both of these programs will remove all known Spyware and Adware. 4. Prevent Spam. A large number of worms and viruses are distributed through spam email. The first step in preventing spam is to not post your email address on a website. If you need to provide a means for contacting you via email, you will want to create a submission form that does not display your MAILTO in the code/page source of your webpage. You may need to contact a web designer in order to properly implement this process into your website. Another method is to use the Master Spambot Buster which works just like a MAILTO link but without displaying your email address in the code for bots to pick up. In addition, you should always use Private Registration when registering a domain name for a website. If you go to http://www.netsol.com and do a WHOIS on your website, you do not want to see your email address publicly displayed in your domain record. Automated programs called robots regularly crawl websites such as this looking to pick up email addresses for use by companies that spam. If robots on the internet have already picked up your email address, you will of course want to use some form of spam prevention. Many web based mail programs already allow you the ability to prevent spam. However, many mail clients on business networks do not have this functionality. There are a variety of products in the marketplace to address this problem, but one of the most popular is http://www.spamarrest.com. By using Spamarrest.com, you manage who you allow or do not allow to receive email from. When someone sends you an email for the first time, they must verify that they sent you an email. If they do not, the email is placed in your unverified folder on Spamarrest.coms web servers. All blocked mail is then placed in Spamarrest.coms spam folder. Meanwhile all approved mail is sent as it normally would directly to your computers Inbox. CONSULT A PROFESSIONAL Although the software described here is easily used, different hardware and software configurations can lead to unexpected results that may damage your computer. If you are experiencing difficulties with viruses, worms, spyware or spam, you may want to consult a professional. How do you know that your computer is infected by a virus? If you suspect or confirm that your computer is infected with a computer virus, obtain the current antivirus software. The following are some primary indicators that a computer may be infected: The computer runs slower than usual. The computer stops responding, or it locks up frequently. The computer crashes, and then it restarts every few minutes. The computer restarts on its own. Additionally, the computer does not run as usual. Applications on the computer do not work correctly. Disks or disk drives are inaccessible. You cannot print items correctly. You see unusual error messages. You see distorted menus and dialog boxes. There is a double extension on an attachment that you recently opened, such as a .jpg, .vbs, .gif, or .exe. extension. An antivirus program is disabled for no reason. Additionally, the antivirus program cannot be restarted. An antivirus program cannot be installed on the computer, or the antivirus program will not run. New icons appear on the desktop that you did not put there, or the icons are not associated with any recently installed programs. Strange sounds or music plays from the speakers unexpectedly. A program disappears from the computer even though you did not intentionally remove the program Why virus-scanning software needs to be updated regularly ? computer virus is a computer program that can copy itself[1] and infect a computer. The term virus is also commonly but erroneously used to refer to other types of malware, including but not limited to adware and spyware programs that do not have the reproductive ability. A true virus can spread from one computer to another (in some form of executable code) when its host is taken to the target computer; for instance because a user sent it over a network or the Internet, or carried it on a removable medium such as a floppy disk, CD, DVD, or USB drive.[2] Viruses can increase their chances of spreading to other computers by infecting files on a network file system or a file system that is accessed by another computer.[3][4] As stated above, the term computer virus is sometimes used as a catch-all phrase to include all types of malware, even those that do not have the reproductive ability. Malware includes computer viruses, computer worms, Trojan horses, most rootkits, spyware, dishonest adware and other malicious and unwanted software, including true viruses. Viruses are sometimes confused with worms and Trojan horses, which are technically different. A worm can exploit security vulnerabilities to spread itself automatically to other computers through networks, while a Trojan horse is a program that appears harmless but hides malicious functions. Worms and Trojan horses, like viruses, may harm a computer systems data or performance. Some viruses and other malware have symptoms noticeable to the computer user, but many are surreptitious or simply do nothing to call attention to themselves. Some viruses do nothing beyond reproducing themselves. The Academic Integrity and Plagiarism Policy: You should be ready to prove the authenticity of your work. If any form of plagiarism/reproduction of answers/work discovered, you will be awarded zero mark. Late submission of the assignment: If any late submission of your work, mark will be reduced. Your are expected to cover the following outcomes Outcome 4. You are expected to practice the skills that are related to the following graduate attribute: Recognize the importance of lifelong learning and are committed to self development Declaration by student (Hand written) TO MY LECTURER Mr. Sheik Mohammed I CERTIFY THAT ALL OF THIS WORK IS: (a) DONE BY MYSELF (b) PRINTED BY MYSELF Students signatureMahmood Khalfan Ali.. Submit ion Date: ..22j1047

Nuclear terrorism

The most recent threat of Nuclear attack attempted on the United States has come from North Korea, as such the following essay will delve into North Korea’s investment in nuclear terrorism and the plan of action the United States has against such action.   There are several links that associate North Korea to different factions of terrorism.   The following paper will give detailed examples of North Korea’s interaction and support of each group.   The support of terrorism has many forms such as weapons or money and North Korea’s handing over of monetary funds and weapons will also be documented in this essay.   The resources necessary for terrorism to exist has a partner in government and North Korea is just such a partner. The following paper will not only address the fact of terrorism affiliation between North Korea and reputed terrorist groups and countries but also that North Korea has their own terrorist group.   This fact can be found in North Korea’s treatment toward South Korea and reported assassination attempts of their presidents on several occasions.   The terrorist affiliation North Korea harbors is one that involves not only promoting terrorism through trade with notable terrorist groups but also their own participation in Afghanistan terrorist camps and the trading of weapons technologies with such groups (Graham 20-21). North Korea is a country with a specific dichotomy between public relations.   These relations deal mainly with money.   The reason North Korea is reported to be trading with terrorists is that their funding aids in the economic growth of their country.   The support that North Korea gives to terrorist is rewarded with monetary funds from such countries as Japan, Iran, and Iraq.   This paper will organize specific examples of each country and it’s trading policy with North Korea (what items it trades for what price etc.).   The essay will also focus on how North Korea opens up trade routes covertly using bribes and coercion. The year 2000 saw the Democratic People’s Republic of Korea (DPRK) and the United States government went through a series of terrorism talks and the future state of terrorism as well as cooperation of North Korea’s government in several documented terrorism actions.   Such actions include the 1970 hijacking of a Japanese plane bound for North Korea and the subsequent sheltering of the Japanese Communist League-Red Army Faction members or hijackers, or the safe haven North Korea provided to the terrorist who were involved in the hijack.   Also, DPRK has been suspected of selling weapons to the Moro Islamic Liberation Front, as specified by the Philippine government. The monetary transaction was made possible through Middle East connections (Terrorism Files, 2002).   North Korea has been on the US terrorism list sin 1988 and continues to remain on that list because of its uncooperative procedures for information on terrorist after the September 11 attacks, as Secretary of State John Bolton stated, â€Å"’North Korea has a dedicated, national-level effort to achieve a biological weapons capacity and has developed and produced, and may have weaponized, biological weapons agents. Despite the fact that its citizens are starving,† said Mr. Bolton, â€Å"the leadership in Pyongyang has spent large sums of money to acquire the resources, including a biotechnology infrastructure, capable of producing infectious agents, toxins, and other crude biological weapons. It has a variety of means at its disposal for delivering these deadly weapons.’† (North Korea and Terrorism 2002). Another terrorism threat that North Korea poses and has been linked with is nuclear terror.   In this respect according to Pakistan and US sources (as well as Libyan) this is the current threat of North Korea:   they have been supposedly training Arab terrorists for at minimum ten years at the Kim Jung-il Political and Military University.   North Korea is also linked with Osama bin Laden in arms dealing, as Triplett (2004) states in North Korea and Nuclear Terror, of the existing relationship between North Korea and bin Laden, â€Å"This was discovered in 2000 when bin Laden financed a shipment of North Korean conventional arms to a Philippine Islamic terrorist group†. North Korean nuclear weapons were also being used as tests by Pakistan (in 1998).   Scientists at the Los Alamos National Laboratory suspect that these tests were a conglomeration between Pakistan and North Korea in nuclear testing.   Such joint ventures are not new for North Korea and their connection with terrorism.   Nuclear weapons are just the forefront of terror that North Korea has presented to the world. North Korea, since their cover-up in 1970 of the safe haven they provided to the airplane hijackers, have been affiliated with several terrorist groups as Triplett further states, â€Å"Recently a Japanese newspaper, citing military sources, reported Iranian military figures were seen at North Korea nuclear facilities. This leads allied intelligence to suspect the Iranians of trying to move their nuclear weapons program to North Korea, beyond the range of Israeli F-16 fighter-bombers†. The Pakistan, and North Korean conglomeration of trading weapons is a definite terrorism group.   The weapon testing near the Afghan border in 1998 was reported to have been the testing of Korean made missiles.   Another link between Pakistan and North Korea can be found with Major General (retired) Saltan Habib, who was responsible for covert acquisitions of nuclear technologies while presiding as the defense attachà © of Pakistan in Moscow, was posted as the ambassador to North Korea to ‘oversee the clandestine nuclear and missile cooperation between North Korea and Pakistan’ (Raman 2002). As the ambassador, Habib organized the covert shipment of missiles from North Korea to Pakistan.   Not only did Habib coordinate this shipment but he also was reported to have exchanged technology from North Korea to Pakistan on weapons technologies especially those dealing with missiles and nuclear devices as Raman states, â€Å"†¦the training of Pakistani experts in the missile production and testing facilities of North Korea and the training of North Korean scientists in the nuclear establishments of Pakistan through Captain (retired) Shafquat Cheema, third secretary and acting head of mission in the Pakistani embassy in North Korea from 1992 to 1996†. Pakistan’s Inter-Services Intelligence (ISI) is one in which North Korea has strong ties.   Prior to Habib’s position with North Korea it was filled by Major General Shujjat from the Baluch Regiment.   General Shujjat was not only working for the embitterment of North Korea but clandestine actions he performed were favoring ISI for five consecutive years as Raman states, â€Å"On Captain Cheema's return to headquarters in 1996, the ISI discovered that in addition to acting as the liaison officer of the ISI with the nuclear and missile establishments in North Korea, he was also earning money from the Iranian and the Iraqi intelligence by helping them in their clandestine nuclear and missile technology and material procurement not only from North Korea, but also from Russia and the CARs†. The limits of North Korea’s involvement in terror seem boundless.   Not only have they delivered ballistic missiles to Pakistan but also they are using very covert methods by which to trade.   The beginning of 2002 was witness to mass movements of nuclear weapons across the Karakoram Highway.   These weapons were being transported from China to Pakistan with the envoy containing spare parts and other assortments.   The transportation of this shipment however has ties with North Korea because China may have accepted this movement from Pakistan only in regards to North Korea’s wishes (Raman). North Korea, Iran, and Iraq are infamously known as the Axis of Evil, because of their terrorist ties and promotion of illegal arms dealing.   North Korea has managed to become well versed in terrorism through biological, chemical, and nuclear means.   In 1988 North Korea or DPRK as well as Kim Jong-il were suspected (and this probability is almost certain) of committing to assassinate South Korean president Chun in Rangoon (or Yangun as it is known today). The assassination was to take place by strategically placing bombs atop the Martyr’s Masoleum (in dedication to Aung San the founder of independent Burma).   Although president Chun was delayed in traffic and did not succumb to the bombings, â€Å"The huge blast ripped through the crowd below, killing 21 people and wounding 46. Among the dead were the Korean foreign minister, Lee Bum Suk, the economic planning minister and deputy prime minister, Suh Suk Joo, and the Minister for Commerce and Industry, Kim Dong Whie. The rest of those killed were presidential advisers, journalists, and security officials, most of them South Korean† (Wikipedia Online Encyclopedia). In finding evidence to support North Korea has having terrorist ties, it is presumably difficult.   The suspects who were responsible for the Rangoon bombings committed suicide by detonating hand grenades.   Such suspects are common in assisination attempts and thus true evidence is difficult to come by in linking North Korea directly with terrorism in some cases.   However, the 1970 safehaven as well as arms dealing that Philippine officials attest to are some of the supporting materials that accumalte against North Korea (Graham 80-85). In lieu of specific evidence to support terrorism affilitations from North Korea president Kim Jong-il admitted to the United States in 2000 that DPRK had willfully exported missiles abroad.   These missiles are traded to Syria and Iran in exchange for monetary compensation.   While Syria was reportedly a main buyer of missiles, Iran was said to be a primary buyer of not only ballistic missiles but technology as well (Wagner 2000).   The specific terrorism that exists in North Korea trading missiles to such countries exists in those countries’ intent for such exported ‘goods’.   In order for North Korea to stop association and trading of missiles, as Wagner states of the conference between the United States and North Korea held in July-August of 2000, Einhorn characterized the talks as â€Å"very useful† and said that he hopes to meet again with the North Koreans in the near future. However, on July 12, Jang â€Å"clarified† that North Korea would only continue the talks if the United States compensated Pyongyang â€Å"for the political and economic losses to be incurred in case we suspend our missile program.† During the meeting, the United States had once again rejected North Korea's long-standing demand for $1 billion per year in return for the cessation of missile exports. â€Å"North Korea should not be receiving cash compensation for stopping what it shouldn't be doing in the first place,† Einhorn said. This compensation is coercion and is a type of terrorism in and of itself.   North Korea should not be given compensation pay for ending its affilitation with terrorism simply because their economy would suffer slightly from the lose of funds selling missiles etc. had given the DPRK. North Korea has remained in close contact with different terrorist groups.   The Japanese Red Army who were given safehaven in 1970 after the plane hijacking are coherts of Middle Eastern terrorists and in this connection lies the bridge by which North Korea exports weapons (Fulford 2001).   As said prior Pakistan has a standing trade relationship with North Korea as missile buyers. The funding for such North Korean weapons development as Fulford states, â€Å"However, cutting off one of ruler Kim Jong Il's main sources of finance–illegal activities in Japan–might prove easier. North Korea's government has been manufacturing large quantities of heroin, amphetamines, weapons and counterfeit U.S. dollars to finance its weapons development programs. It sells them either through criminal gangs in Japan or via Russia and China to the U.S. and Europe, the Korea experts say.† Pakistan is also a main supporter of the Afghanistan Taliban regime and terror weapons that are used by Taliban are subsequently provided by North Korea (Fulford). Other avenues by which North Korea finds funding for weapons is through Japan’s Liberal Democratic Party.   The Party solicits succor toward North Korea in exchange for bribes as Fulford further states, â€Å"†¦when Japan gave 500,000 tons of rice aid to North Korea last year, politicians received kickbacks from North Korea, Lee says. â€Å"I was with a North Korean official as he phoned a Japanese member of parliament and told him a shipment of free fish had been sent to a company he owns,† he says.† This bribe system works by committing North Korean businessmen, who reside in Japan, to a loan.   This loan, or lend, is given by a bank and is paid back directly to North Korea and Japan.   Thus, the money cannot easily be traced.   Public money is being used to generate a working arms dealing relationship between North Korea and Japan. Public money is not the only money being used in corrupt manners:   The Japanese government aided North Korea’s atomic weapon development through its Fuji bank.   Fuji bank is one of the largest banks in the world and its involvement in the deal between North Korea and Japan was a catalyst in North Korean weapons building and trading.   Essentially Fuji paid approximately $350 million to a myriad of North Korean businesses and organizations who were prospering in Japan.   This money was given in exchange for debt collection services (Graham 61-63). The funding for weapons development in North Korea as it is funded by Japan and public money is the key component of rising terrorism at a global scale.   Due to North Korea’s association with several aforementioned terrorists groups, global terror does exist.   North Korea’s trade of missiles to different terrorist organizations promotes multilateral trade in a negative fashion because what North Korea is truly promoting is terrorism through trade. There also exist unofficial reports of North Korea terrorist involvement.   It has been established that North Korea has dealt ballistic missiles to countries: It gained the raw materials for the construction of these missiles from such countries as China.   These missiles are capable of delivering mass destruction in the form of biological as well as chemical warfare.   In late 2001 P’yongyang continued a type of global scavenger hunt for technologies dealing with the making of nuclear weapons. The procurement of the necessary plutonium for at least one nuclear weapon has set the world on edge.   As the Unclassified Congress Report (2001) states, â€Å"Spent fuel rods canned in accordance with the 1994 Agreed Framework contain enough plutonium for several more weapons.†Ã‚   Along this train of potential arms dealings P’yongyang laid the path to trade with Russia by signing the Defense Industry Cooperation Agreement. Among the trading partners that North Korea has established ties with include Pakistan, Iran, Iraq, Angola, Burma, Cuba, Libya, and Syria.   Through trade with these countries North Korea is able to consistently manage its immense military operation (14% of its economic gross goes to the military despite calling in international aid to its starving people).   The trading that continues between the aforementioned countries and North Korea involves ‘arms, chemical and biological weapons materials, and even ballistic missile technology–in clear violation of the Missile Technology Control Regime. Libya, for example, recently bought 50 Rodong-1 missiles from North Korea with a range of 1,000 kilometers’ (Hwang, 2001). Among the trading countries that North Korea has ties and the materials thar are reportedly being traded, North Korea has also been invovled with overtly selling weapons to various terrorist groups such as the Liberation Tigers of Tamil Eelam and the United Wa State Army.   The United Wa State Army is a drug affiliated Burma terrorist group residing in the golden triangle.   The golden triangle is the area between Thailand, Laos, and Burma. Not only is North Korea coordinating trading efforts with these terrorist groups but North Korea also has been training in Afghanistan terrorist camps (Hwang).   The Deputy Director of the Central Intelligence Agency, John E. McLaughlin stated of North Korean involvement of terrorism, â€Å"North Korea's challenge to regional and global security is magnified by two factors†¦first, the North's pursuit of weapons of mass destruction and long-range missiles, and two, its readiness–and eagerness–to become missile salesman to the world† (Hwang). Not only is North Korea associated and in league with terrorist groups by harboring hijackers and participating in terrorist camps but North Korea is a terrorist.   In 1987 North Korean agents bombed a South Korean airplane.   North Korea has continuously be involved with terrorist attacks on South Korea a reported 300 instances.   North Korea has participated in covert assassination attempts of South Korean presidents and has traversed passed South Korean borders 15 separate times (Hwang). Not simply has North Korea been fully participatory in these incidences but as Hwang further states, â€Å"In one of the most blatant, 26 North Korean commandos in a submarine landed off the South Korean coast in September 1996; they, along with 17 South Koreans, were killed in the ensuing manhunt. Their mission is believed to have been to assassinate South Korean dignitaries†.   Therefore, North Korea guilty of fully participating in aiding terrorists through weapons and technologies and they are also delving into the leagues of terrorism by their chronic attack on South Korea (Graham 43-44). Along the lines of defining North Korea as having terrorist groups within its borders who are North Korean Hwang states that North Korea has kidnapped an unprecedented 3,600 Korean citizens since the year 1953.   In this fact there exists relevant material to consider North Korea as having terrorist intentions and actions.   Not only has North Korea abducted Koreans but reportedly also foreigners, of which ten Japanese foreigners are the most noted. In conclusion, North Korea is not only a country who supports terrorism through trade of weapons and technology but it is also a country which participates in terrorism through assassinations, and kidnappings.   North Korea then exists as a country spurned by monetary gain and by lines of distinction between trading partners and the uses those countries may have for nuclear weapons. Although the above pages attest to the development of North Korea and its invovlement with terrorism it must also be noted that the United States with the advocacy of the United Nations, has established an administration of foreign policy which will attribute to the goals of nuclear disarmament. Work Cited Allison, Graham.   (2005).   Nuclear Terrorism, The Ultimate Preventable Catastrophe.   Owl Books, New York. Editorial.   North Korea and Terrorism.   2002.   (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.ibb.gov/editorials/09924.htm Fulford, Benjamin.   North Korea, Another Outcropping of Terrorism.   Forbes.   September 2001. (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   www2.gol.com/users/coynerhm/north_korea_another_outcropping_of_terrorism.htm Hwang, Balbina.   North Korea Deserves to Remain on US List of Sponsors of Terrorism. Asia and the Pacific.   November 2001.   (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.heritage.org/Research/AsiaandthePacific/BG1503.cfm Raman, B.   Pakistan and the North Korea Connection.   Asia Times, October 2002.   (Online). Available:   http://www.atimes.com/atimes/South_Asia/DJ22Df01.html. Terrorism Files.   State-Sponsored Terrorism North Korea.   2002.   (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.terrorismfiles.org/countries/north_korea.html Triplett, William C.   North Korea and Nuclear Terror.   The Washington Times.   2004.(Online).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Available:http://www.washingtontimes.com/commentary/20040406-101023-7315r.htm Wikipedia Online Encyclopedia.   Rangoon Bombing.   (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://en.wikipedia.org/wiki/Rangoon_bombing  Ã‚  Ã‚  Ã‚  Ã‚   Unclassified Congress Report.   2001.   (Online).   Available:  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   https://www.cia.gov/cia/reports/721_reports/jan_jun2001.htm#5 Wagner, Alexander.   US-North Korea Terrorism Talks Resume; North Korea Admits to Exporting Rocket Technology.   Arms Control Association, September 2000. (Online).   Available:   http://www.armscontrol.org/act/2000_09/nkoreasept00.asp      

What Is Operant Conditioning Definition and Examples

Operant conditioning occurs when an association is made between a particular behavior and a consequence for that behavior. This association is built upon the use of reinforcement and/or punishment to encourage or discourage behavior. Operant conditioning was first defined and studied by behavioral psychologist B.F. Skinner, who conducted several well-known operant conditioning experiments with animal subjects. Key Takeaways: Operant Conditioning Operant conditioning is the process of learning through reinforcement and punishment. In operant conditioning, behaviors are strengthened or weakened based on the consequences of that behavior. Operant conditioning was defined and studied by behavioral psychologist B.F. Skinner. Origins B.F. Skinner was a behaviorist, which means he believed that psychology should be limited to the study of observable behaviors. While other behaviorists, like John B. Watson, focused on classical conditioning, Skinner was more interested in the learning that happened through operant conditioning. He observed that in classical conditioning responses tend to be triggered by innate reflexes that occur automatically. He called this kind of behavior respondent. He distinguished respondent behavior from operant behavior. Operant behavior was the term Skinner used to describe a behavior that is reinforced by the consequences that follow it. Those consequences play an important role in whether or not a behavior is performed again. Skinner’s ideas were based on Edward Thorndike’s law of effect, which stated that behavior that elicits positive consequences will probably be repeated, while behavior that elicits negative consequences will probably not be repeated. Skinner introduced the concept of reinforcement into Thorndike’s ideas, specifying that behavior that is reinforced will probably be repeated (or strengthened). To study operant conditioning, Skinner conducted experiments using a â€Å"Skinner Box,† a small box that had a lever at one end that would provide food or water when pressed. An animal, like a pigeon or rat, was placed in the box where it was free to move around. Eventually the animal would press the lever and be rewarded. Skinner found that this process resulted in the animal pressing the lever more frequently. Skinner would measure learning by tracking the rate of the animal’s responses when those responses were reinforced. Reinforcement and Punishment Through his experiments, Skinner identified the different kinds of reinforcement and punishment that encourage or discourage behavior. Reinforcement Reinforcement that closely follows a behavior will encourage and strengthen that behavior. There are two types of reinforcement: Positive reinforcement occurs when a behavior results in a favorable outcome, e.g. a dog receiving a treat after obeying a command, or a student receiving a compliment from the teacher after behaving well in class. These techniques increase the likelihood that the individual will repeat the desired behavior in order to receive the reward again.Negative reinforcement occurs when a behavior results in the removal of an unfavorable experience, e.g. an experimenter ceasing to give a monkey electric shocks when the monkey presses a certain lever. In this case, the lever-pressing behavior is reinforced because the monkey will want to remove the unfavorable electric shocks again. In addition, Skinner identified two different kinds of reinforcers. Primary reinforcers naturally reinforce behavior because they are innately desirable, e.g. food.Conditioned reinforcers reinforce behavior not because they are innately desirable, but because we learn to associate them with primary reinforcers. For example, Paper money is not innately desirable, but it can be used to acquire innately desirable goods, such as food and shelter. Punishment Punishment is the opposite of reinforcement. When punishment follows a behavior, it discourages and weakens that behavior. There are two kinds of punishment. Positive punishment (or punishment by application) occurs when a behavior is followed by an unfavorable outcome, e.g. a parent spanking a child after the child uses a curse word.Negative punishment (or punishment by removal) occurs when a behavior leads to the removal of something favorable, e.g. a parent who denies a child their weekly allowance because the child has misbehaved. Although punishment is still widely used, Skinner and many other researchers found that punishment is not always effective. Punishment can suppress a behavior for a time, but the undesired behavior tends to come back in the long run. Punishment can also have unwanted side effects. For example, a child who is punished by a teacher may become uncertain and fearful because they don’t know exactly what to do to avoid future punishments. Instead of punishment, Skinner and others suggested reinforcing desired behaviors and ignoring unwanted behaviors. Reinforcement tells an individual what behavior is desired, while punishment only tells the individual what behavior isn’t desired. Behavior Shaping Operant conditioning can lead to increasingly complex behaviors through shaping, also referred to as the â€Å"method of approximations.† Shaping happens in a step-by-step fashion as each part of a more intricate behavior is reinforced. Shaping starts by reinforcing the first part of the behavior. Once that piece of the behavior is mastered, reinforcement only happens when the second part of the behavior occurs. This pattern of reinforcement is continued until the entire behavior is mastered. For example, when a child is taught to swim, she may initially be praised just for getting in the water. She is praised again when she learns to kick, and again when she learns specific arm strokes. Finally, she is praised for propelling herself through the water by performing a specific stroke and kicking at the same time. Through this process, an entire behavior has been shaped.   Schedules of Reinforcement In the real world, behavior is not constantly reinforced. Skinner found that the frequency of reinforcement can impact how quickly and how successfully one learns a new behavior. He specified several reinforcement schedules, each with different timing and frequencies. Continuous reinforcement occurs when a particular response follows each and every performance of a given behavior. Learning happens rapidly with continuous reinforcement. However, if reinforcement is stopped, the behavior will quickly decline and ultimately stop altogether, which is referred to as extinction.Fixed-ratio schedules reward behavior after a specified number of responses. For example, a child may get a star after every fifth chore they complete. On this schedule, the response rate slows right after the reward is delivered.Variable-ratio schedules vary the number of behaviors required to get a reward. This schedule leads to a high rate of responses and is also hard to extinguish because its variability maintains the behavior. Slot machines use this kind of reinforcement schedule.Fixed-interval schedules provide a reward after a specific amount of time passes. Getting paid by the hour is one example of this kind of reinforcement schedule. Much like the fixed-ratio schedule, the response rate increases as the reward approaches but slows down right after the reward is received.Variable-interval schedules vary the amount of time between rewards. For example, a child who receives an allowance at various times during the week as long as they’ve exhibited some positive behaviors is on a variable-interval schedule. The child will continue to exhibit positive behavior in anticipation of eventually receiving their allowance. Examples of Operant Conditioning If you’ve ever trained a pet or taught a child, you have likely used operant conditioning in your own life. Operant conditioning is still frequently used in various real-world circumstances, including in the classroom and in therapeutic settings. For example, a teacher might reinforce students doing their homework regularly by periodically giving pop quizzes that ask questions similar to recent homework assignments. Also, if a child throws a temper tantrum to get attention, the parent can ignore the behavior and then acknowledge the child again once the tantrum has ended. Operant conditioning is also used in behavior modification, an approach to the treatment of numerous issues in adults and children, including phobias, anxiety, bedwetting, and many others. One way behavior modification can be implemented is through a token economy, in which desired behaviors are reinforced by tokens in the form of digital badges, buttons, chips, stickers, or other objects. Eventually these tokens can be exchanged for real rewards. Critiques While operant conditioning can explain many behaviors and is still widely used, there are several criticisms of the process. First, operant conditioning is accused of being an incomplete explanation for learning because it neglects the role of biological and cognitive elements. In addition, operant conditioning is reliant upon an authority figure to reinforce behavior and ignores the role of curiosity and an individuals ability to make his or her own discoveries. Critics object to operant conditionings emphasis on controlling and manipulating behavior, arguing that they can lead to authoritarian practices. Skinner believed that environments naturally control behavior, however, and that people can choose to use that knowledge for good or ill. Finally, because Skinner’s observations about operant conditioning relied on experiments with animals, he is criticized for extrapolating from his animal studies to make predictions about human behavior. Some psychologists believe this kind of generalization is flawed because humans and non-human animals are physically and cognitively different. Sources Cherry, Kendra. â€Å"What is Operant Conditioning and How Does it Work?† Verywell Mind, 2 October 2018. https://www.verywellmind.com/operant-conditioning-a2-2794863Crain, William. Theories of Development: Concepts and Applications. 5th ed., Pearson Prentice Hall. 2005.Goldman, Jason G. â€Å"What is Operant Conditioning? (And How Does It Explain Driving Dogs?)† Scientific American, 13 December 2012. https://blogs.scientificamerican.com/thoughtful-animal/what-is-operant-conditioning-and-how-does-it-explain-driving-dogs/McLeod, Saul. â€Å"Skinner – Operant Conditioning.† Simply Psychology, 21 January 2018. https://www.simplypsychology.org/operant-conditioning.html#class

A Simple Definition of a Trust - Free Essay Example

Sample details Pages: 12 Words: 3747 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Trust Essay Did you like this example? à ¢Ã¢â€š ¬Ã‹Å"It is simply not possible to formulate a single, simplified definition of à ¢Ã¢â€š ¬Ã‹Å"a trust.à ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã…“The word à ¢Ã¢â€š ¬Ã‹Å"Trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ refers to a duty or aggregate accumulation of obligations that rests upon a person as a person described as a trustee. The responsibilities are in relation to property held by him or under his control. He will be compelled by a court in its equitable jurisdiction to administer that property in the manner lawfully prescribed by the trust instrumentà ¢Ã¢â€š ¬Ã‚ ¦ As a consequence the administration will be in such a manner that the consequential benefits and advantages accrue, not to the trustee, but to the persons called the beneficiaries.à ¢Ã¢â€š ¬Ã‚ [1] A trust essentially is a relationship between the trustee and the beneficiary. Don’t waste time! Our writers will create an original "A Simple Definition of a Trust" essay for you Create order The trustee (formerly known as a à ¢Ã¢â€š ¬Ã‹Å"foefee to usesà ¢Ã¢â€š ¬Ã¢â€ž ¢) will hold property on trust for the benefit of another person who is regarded as the beneficiary (formerly known as à ¢Ã¢â€š ¬Ã‹Å"cestui qui useà ¢Ã¢â€š ¬Ã¢â€ž ¢). For a trust to be valid there must be: capacity, three certainties, formality and constitution. A person must have legal capacity in order to create a trust. This means that a minor cannot do so unless they are soldiers.[2] A person may also be deemed to be unfit for capacity if they are held to be mentally disabled under the Mental Capacity Act2005.[3] However, if they made a trust when they were of sound mind, then this may be held valid as they were capable of understanding the conditions laid out. There must also be three certainties contained within a trust to make it valid. These three certainties were established in the case of Knight v Knight (1840).[4] Lord Langdale stated the criteria à ¢Ã¢â€š ¬Ã…“First if the words were so used, that upon the whole, they ought to be construed as an imperative; secondly, if the subject of the recommendation or wish is certain; and thirdly, if the objects or persons intended to have benefit of the recommendation or wish also be certain.[5] Therefore, the three certainties are: certainty of intention, certainty of subject matter and certainty of objects. Without these certainties, the trust will not be validly à ¢Ã¢â€š ¬Ã‹Å"declaredà ¢Ã¢â€š ¬Ã¢â€ž ¢ as such. The wording of a trust is fundamental to get correct and the wording may be sub-divided into imperative words and precatory words. In the cash of Jones v Lock (1865)[6] it was held that a cheque in the testators name, which he wished to give to his baby before dying, could not be held to be a valid trust or an absolute gift. When creating a trust, the Administration of Estates (NI) Act 1955 s2(3) must be adhered to. This states à ¢Ã¢â€š ¬Ã…“A grant of probate or letters of administration shall, unless contain ing an express limitation to the contrary, have effect as well over the real as over the personal estate and the personal representatives of a deceased person shall hold his real estate as trustees for the persons by law entitled thereto.à ¢Ã¢â€š ¬Ã‚ [7] The certainty of intention is key in order to remove any ambiguity in wording. However, it must be acknowledged that the word à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ does not have to be present for a trust to occur. This was shown in Re: Kayford [1975][8] with Megarry J stating: As for the requisite certainty of words, it is well settled that a trust can be created without using the words à ¢Ã¢â€š ¬Ã…“trustà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“confidenceà ¢Ã¢â€š ¬Ã‚  or the like: the question is whether in substance a sufficient intention to create a trust has been manifested.[9] He later went on to add that à ¢Ã¢â€š ¬Ã…“It is well settled that a trust can be created without using the word à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬ â„ ¢ or à ¢Ã¢â€š ¬Ã‹Å"confidenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ or the likeà ¢Ã¢â€š ¬Ã‚ .[10] Another example of wording being important was the case of Re: Adams Kensington v Vestry (1883)[11] where the testator used the phrase à ¢Ã¢â€š ¬Ã…“I give, devise and bequeath all my real and personal estateto my dear wife Harrietin full confidence that she will do what is right.à ¢Ã¢â€š ¬Ã‚  Even though proper wording had been used, the court held this as an absolute gift as opposed to a trust as precatory words only were not sufficient. The most recent case in regards to certainty of intention is the case of Paul v Constance (1977).[12] This was in regards to a bank account where bingo winnings were deposited. The two people in question were not married however, the court ruled that there was a trust due to the fact that the two peoples conduct amounted to its validity. The second of the threefold criteria is the certainty of subject matter. It is vital that the property is described an d no ambiguity can occur as was the problem in the case of Palmer v Simmonds [1854][13] when it was deemed that the word à ¢Ã¢â€š ¬Ã…“bulkà ¢Ã¢â€š ¬Ã‚  could not be used as it was too problematic to describe. In Re: Golay (1965)[14], it was deemed that the statement of à ¢Ã¢â€š ¬Ã…“one of my flats and a reasonable incomeà ¢Ã¢â€š ¬Ã‚ , was enough to satisfy the criteria that it could be regarded as a valid trust. The case of Re: Goldcorp[15] was a key decision as it was decided that the subject matter within the trust was not to be held separate from other assets and therefore this did not amount to a valid trust. However, in contrast, the case of Hunter v Moss [1994][16] stated that property must be identified or else it will be void for uncertainty. This was a matter which dealt with segregation of property when it is in regards to intangible, identical property. However, Alastair Hudson was quite critical of this decision and states à ¢Ã¢â€š ¬Ã…“doctrinally, it is sug gested that the decision inHunter v Mossis wrong and should not be relied upon.à ¢Ã¢â€š ¬Ã‚ [17] The final criteria is the certainty of objects. This relates to the actual recipient of the trusts who is regarded as the beneficiary. The beneficiary must be clearly outlined or else this may lead to a voidable trust. Lord Denning commented on this strand of the criteria by stating It is clear law that a trust (other than a charitable trust) must be for ascertainable beneficiaries.[18] In Re: Gulbenkianà ¢Ã¢â€š ¬Ã¢â€ž ¢s Settlement Trust [1970][19] it was deemed that the list of beneficiaries was too ambiguous and therefore the à ¢Ã¢â€š ¬Ã…“is or is notà ¢Ã¢â€š ¬Ã‚  test was established by Lord Upjohn to determine whether or not a debateable person is or isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t a beneficiary.[20] This test was then used in the subsequent case of McPhail v Doulton [1970][21] however, Lord Wilberforce added an extra dimension added to it and it was amended to à ¢Ã¢â€š ¬Ã…“Can it be said with certainty that any given individual is or is not a member of the class?à ¢Ã¢â€š ¬Ã‚ [22] The significance of this case was that, if a person is outlined as a beneficiary or not, then this will amount to the creation of a discretionary trust. Yet again, the à ¢Ã¢â€š ¬Ã…“is or is notà ¢Ã¢â€š ¬Ã‚  test was also used in Re: Badens Trusts Deed (1973)[23] which addressed the issue of differentiating between conceptual certainty and evidential certainty. It was concluded that just because a person cannot be established to be in or out of the class as such then this does not render a trust to be void for uncertainty. Constitution is an important factor in the process of creating a trust. Constitution of a trust will enable each party to know their role as such. It will outline who the settlor/testator is, who the trustee is and who the beneficiary is. It places a duty upon the trustee to make sure the trust is enforced and it also gives a right to the beneficiary to profit from it. During the constitution phase, it is fundamental that the testator makes his intention clear that he wishes for it to be held as a trust. If he does not, constitution may be held to be incomplete. There are many different types of trusts. It is important to investigate whether the trust is public or private. If it is public, it will usually be a charitable trust however, if it is privates, this then can be sub-divided into 5 trusts. These 5 trusts include: Express, non-charitable resulting, constructive and statutory.[24] An express trust is created or implied by an instrument of declaration or imposed by an enactment.[25] à ¢Ã¢â€š ¬Ã…“These trusts are the product of an express and expressed intention of the settlor to create a trust.à ¢Ã¢â€š ¬Ã‚ [26] An express trust can be further separated into fixed trusts and discretionary trusts. à ¢Ã¢â€š ¬Ã…“The beneficiaries of fixed trusts have a definable, fixed claim to a share of the trust proceeds or tru sts capital.à ¢Ã¢â€š ¬Ã‚ [27] However, on the other hand, à ¢Ã¢â€š ¬Ã…“discretionary trusts have no definable claim to a share or trust capital.à ¢Ã¢â€š ¬Ã‚ [28] Therefore, in essence, a person who is a beneficiary of fixed trust is guaranteed to receive something from the trust whilst a beneficiary, under a discretionary trust, are seen as principally à ¢Ã¢â€š ¬Ã…“potential beneficiaries and are incapable of disposing of their potential interests by way of a trust.à ¢Ã¢â€š ¬Ã‚ [29] à ¢Ã¢â€š ¬Ã…“A non-charitable trust benefits a person or persons or an institution that is not considered a charitable institution.à ¢Ã¢â€š ¬Ã‚ [30] However, it should also be noted that these types of trusts do not benefit from certain advantages that a charitable trust would benefit from e.g. tax exemption. Non-charitable trusts are not created fora human beings benefit and it is usually left for a purpose for example to save an animal. However, non-charitable trusts have 3 objectio ns against their validity. The first one is that the wording of the trust must be specific and unambiguous. This was shown in the Re: Astor [1952][31] case which dealt with shares of the observer newspaper. The trustees were required to apply the shares for à ¢Ã¢â€š ¬Ã…“the maintenance of good understanding between nationsà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“the preservation of the independence and integrity of newspapersà ¢Ã¢â€š ¬Ã‚ . The trust was ruled void as a result of the vagueness of the request. The second objection is the aspect of the beneficiary principle with many arguing that the trusts cannot be properly enforced. The case of Morice v Bishop of Durham (1805)[32] stated à ¢Ã¢â€š ¬Ã…“Every trust must have an object; there must be somebody in whose favour the court can decree specific performance.à ¢Ã¢â€š ¬Ã‚  Therefore, the validity of these trusts often comes into question due to the sheer fact there is no beneficiary to actually enforce them which results in the trusts failure.[33] The second argument is over perpetuity duration. Common law states that if no particular life is specified, then the specified time for the trust will be 21 years and, if the trust eclipses this 21 year period, it will be ruled void for perpetuity. It is also important to note that, if there is a chance that the trust will exceed the 21 year period, it will automatically be ruled void. Section 1 (1) of the Perpetuities and Accumulations Act 1964[34] states that, under statute, the perpetuity period is 80 years.[35] A resulting trust happens when a à ¢Ã¢â€š ¬Ã…“legal title is vested in a trustee, while the settlor and the beneficiary are actually the same person.à ¢Ã¢â€š ¬Ã‚ [36] à ¢Ã¢â€š ¬Ã…“The term à ¢Ã¢â€š ¬Ã‹Å"resulting trustà ¢Ã¢â€š ¬Ã¢â€ž ¢ is derived from the Latin à ¢Ã¢â€š ¬Ã‹Å"resalireà ¢Ã¢â€š ¬Ã¢â€ž ¢, meaning to à ¢Ã¢â€š ¬Ã‹Å"jump backà ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã¢â‚¬Å" that is, the equitable interest in property à ¢Ã¢â€š ¬Ã‹Å"ju mps backà ¢Ã¢â€š ¬Ã¢â€ž ¢ to its original beneficial owner.à ¢Ã¢â€š ¬Ã‚ [37] It may be argued that the beneficial interest of the owner never actually leaves them and therefore this concept of the trust à ¢Ã¢â€š ¬Ã…“jumping backà ¢Ã¢â€š ¬Ã‚  is actually a paradox. This presumption was supported in Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972][38] with Megarry VC stating à ¢Ã¢â€š ¬Ã…“A resulting trust is essentially a property concept; any property that a man does not effectually dispose of remains his own.à ¢Ã¢â€š ¬Ã‚ [39] This was further backed by Plowman J in the case of IRC v Vandervell [1967][40] when he stated à ¢Ã¢â€š ¬Ã…“As I see it, a man does not cease to own property simply by saying à ¢Ã¢â€š ¬Ã‹Å"I donà ¢Ã¢â€š ¬Ã¢â€ž ¢t want it.à ¢Ã¢â€š ¬Ã¢â€ž ¢ If he tries to give it away the question must always be, has he succeeded in doing so or not?à ¢Ã¢â€š ¬Ã‚ [41] It can be difficult to distinguish between an implied a nd a resulting trust with Richard Edwards arguing that à ¢Ã¢â€š ¬Ã…“definitions in the law of trusts are usually difficult, and resulting trusts are no exception.à ¢Ã¢â€š ¬Ã‚ [42] A resulting trust will arise in three instance à ¢Ã¢â€š ¬Ã¢â‚¬Å" where an express trust fails, when an entire beneficial interest is not disposed of or when a trust purpose is achieved and money is left over. Alastair Hudson describes a concept which he dubbed à ¢Ã¢â€š ¬Ã…“the magic triangleà ¢Ã¢â€š ¬Ã‚ .[43] This is a threefold theory which consists of a settlor, a trustee and a beneficiary. Essentially, this theory states that a trust is formed when a settlor passes the legal title in land to the trustee whilst passing the equitable interest in land to the beneficiary. The trustee will eventually pass the legal title in land to the beneficiary given the terms set forth by the settlor. In the case of Re: Vandervells Trusts (no.2) [1974][44] Megarry VC stated that resulting trusts could be divid ed into two types: Presumed (based on the apparent intention of the testator) or automatic which occurs when a surplus is left. However, as Lord Browne-Wilkinson highlighted in the Westdeutsche v Islington [1996][45]a trust can not be à ¢Ã¢â€š ¬Ã…“automaticà ¢Ã¢â€š ¬Ã‚  as such and thus criticised Megarry VCà ¢Ã¢â€š ¬Ã¢â€ž ¢s theory. He stated: Megarry J. inIn re Vandervell (No 2)suggests that a resulting trust of type (B) does not depend on intention but operates automatically. I am not convinced that this is right. If the settlor has expressly, or by necessary implication, abandoned any beneficial interest in the trust property, there is in my view no resulting trust: the undisposed-of equitable interest vests in the Crown as bona vacantia[46] It may be argued that this precedent, laid out in Westdeutsche[47], would have led to a different outcome in many preceding cases including the Gillingham Bus Disaster Trust [1958].[48] However, in essence, for a resulting trust to occur there must be a transfer of property and no permanent intention to create a beneficial interest for the recipient. This intention must only be temporary or else it will not be held as a resulting trust. à ¢Ã¢â€š ¬Ã…“Aconstructive trustarises where the evidence shows that the parties had a common intention that the one who is not the legal owner should have a beneficial interest and, in reliance on that understanding the non-owner acts to his or her detriment.à ¢Ã¢â€š ¬Ã‚ [49] A judicial based definition of a constructive trust was shown in the case of Paragon Finance v DB Therakar[1999][50] when Millet J tried to define it as being: A constructive trust arises by operation of law whenever the circumstances are such that it would be unconscionable for the owner of propertyà ¢Ã¢â€š ¬Ã‚ ¦ to assert his own beneficial interest in the property and deny the beneficial interest of another.[51] A constructive trust is derived from the conduct of the parties involved and unlike an express trust, it requires no formalities as per S. 53(2) of the Law of Property Act 1925.[52] For a constructive trust to be valid, it requires legal title in ascertainable property to be vested in one person and equitable or beneficial title in the other person. However, this may not be wholly true as highlighted by LJ Edmund Davies in Carl Zeiss Stiftung v Herbert Smith (no.2) [1969][53] when he said: English law provides no clear and all-embracing definition of a constructive trust. Its boundaries have been left perhaps deliberately vague so as not to restrict the court by technicalities in deciding what the justice of a particular case might demand.[54] A constructive trust can arise out of three situations. First, where parties show a common intention by both contributing to a mortgage, then this will amount to a constructive trust as was shown in Lloyds Bank v Rossett (1991).[55] Lord Bridge outlined what a à ¢Ã¢â€š ¬Ã…“modern constructive trustà ¢ â‚ ¬Ã‚  was and he stated that, essentially, intention can be established by agreement or by party conduct and this intention must be created expressly prior to the purchase of the property. Second, when a contract is formed which outlines the agreement between both parties to transfer rights, then it will be deemed that the equitable interest will be transferred.[56] Lord Browne-Wilkinson commented on the agreement aspect in Gissing v Gissing [1970][57] à ¢Ã¢â€š ¬Ã…“when he said the Court cannot devise agreements which the parties never made. The Court cannot ascribe intentions which, in fact, the parties never had.à ¢Ã¢â€š ¬Ã‚ [58] Lastly, a constructive trust may arise where land is deemed to be misused. As was the principle derived from Pallant v Morgan [1953][59], an agreement may arise between two parties however, if one abuses this agreement, they will have to sell the land and give the other party half of the profit. This principle was further elaborated upon in Ban ner HomesGroup plcv LuffDevelopments Ltd[60] by LJ Chadwick who stated that, for such an agreement to occur, a pre-requisite must be present between both parties. He continued to state that the acquiring party can object to the agreement but must do so before they gain an advantage or they will be bound to split any profit they make from the sale with the non-acquiring party. Therefore, in conclusion, à ¢Ã¢â€š ¬Ã…“Despite its long history there is no satisfactorydefinition of à ¢Ã¢â€š ¬Ã‹Å"trustà ¢Ã¢â€š ¬Ã¢â€ž ¢. The best attempt at a description is probably that of Sir Arthur Underhill: Atrust is an equitable obligation, binding a person (who is called a trustee) to deal with the property over which he has control (which is called thetrust property), for the benefit of persons (who are called the beneficiaries orcestuis quetrust), of whom he may himself be one, and any one of whom may enforce the obligation.à ¢Ã¢â€š ¬Ã‚ [61] à ¢Ã¢â€š ¬Ã…“Many attempts have been m ade to define a trust, but none of them has been wholly successful. It is more useful to describe than to define a trust, and then to distinguish it from related but distinguishable concepts.à ¢Ã¢â€š ¬Ã‚  [62] As has been illustrated, trusts come in many different forms and this is why it is so hard to give a single, complete definition. Therefore, with regards to the statement in question, I would have to agree and say that it is indeed not possible to formulate a single, simplified definition of a trust. Bibliography Books Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th Edition, (Routledge Cavendish Publishing, 2013) Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th edition, (Routledge Publishing, 2009) D Hayton, à ¢Ã¢â€š ¬Ã‹Å"Law Relating to Trusts and Trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢, (London, Sweet Maxwell, 2010) Frank Maitland, à ¢Ã¢â€š ¬Ã‹Å"Equity: A Course of Lecturesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2nd Edition, (Cambridge University Press, 1936) Gary Watt, à ¢Ã¢â€š ¬Ã‹Å"Todd Watts Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 9th Edition, (Oxford University Press, 2013) Graham Moffat, à ¢Ã¢â€š ¬Ã‹Å"Trusts Law: Texts and Materialsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 4th Edition, (Cambridge University Press, 2005) John Mowbury, à ¢Ã¢â€š ¬Ã‹Å"Lewin on Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 17th Edition (Sweet Maxwell, 2000) Michael Gau, à ¢Ã¢â€š ¬Ã‹Å"Estate Planning and Administration, (Thompson and Delmar Learning, 2005) Mohamed Ramjohn, à ¢Ã¢â€š ¬Ã‹Å"Text, Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 4th Edition, (Routledge Publishing, 2008) Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11th Edition (Pearson Publishing, 2013) Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 8th edition, (Pearson Longman, 2007) Sarah Wilson, à ¢Ã¢â€š ¬Ã‹Å"Todd Wilsons Textbook On Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11 Edition, (Oxford University Publishing, 2013) Case Law Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372 Carl Zeiss Stiftung v Herbert Smith (no.2) [1969] 2 Ch 276 Gillingham Bus Disaster Trust [1958] Ch 300 Gissing v Gissing [1970] UKHL 3 Hunter v Moss [1994] 1 WLR 452 IRC v Vandervell [1967] 2 AC 291 Jones v Lock (1865) CA Knight v Knight (1840) 49 ER 58 Lloyds Bank v Rossett (1991). McPhail v Doulton [1970] UKHL 1 Morice v Bishop of Durham (1805) 10 Ves 522 Pallant v Morgan [1953] Ch 43 Palmer v Simmonds [1854] 2 DREW 221 Paragon Finance v DB Therakar [1999] 1 All ER 300 Paul v Constance (1977) UKCA Re Vandervellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Trusts (no 2) [1974] Ch 239 Re: Adams Kensington v Vestry (1883) HL Re: Astor [1952] 1 All ER 1067 Re: Badens Trust Deed (1973) Re: Golay (1965) Re: Goldcorp (1995) Re: Gulbenkians Settlement Trust [1970] Re: Kayford [1975] 1 WLR 279 Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972] 2 All ER 439 Re: Vandervells Trusts (no.2) [1974] Ch 269 Westdeutsche v Islington [1996] UKHL 12 Journals Adrian Shipwright, à ¢Ã¢â€š ¬Ã‹Å"Back To Basics à ¢Ã¢â€š ¬Ã¢â‚¬Å" Trusts and Settlementsà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2003, Tax Journal, Issue 681 Volume 13 Oliver Arter, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Banking Relationships à ¢Ã¢â€š ¬Ã¢â‚¬Å" Who is a Beneficial Owner?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2012), 1 TL 3-31 Roderick Ramge, à ¢Ã¢â€š ¬Ã‹Å"The Law in 101 Wordsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010), 160 NLJ 1268 Yvonne Simmons, à ¢Ã¢â€š ¬Ã‹Å"Breaking Up Is Hard To Doà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2001, CCN 3 (26) [1] John Mowbury, à ¢Ã¢â€š ¬Ã‹Å"Lewin on Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 17th Edition (Sweet Maxwell, 2000) Page.3. Taken from: Graham Moffat, à ¢Ã¢â€š ¬Ã‹Å"Trusts Law: Texts and Materialsà ¢Ã¢â€š ¬Ã¢â€ž ¢ 4th Edition, (Cambridge University Press, 2005) Page 3. [2] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 8th edition, (2007, Pearson Longman) Page 90 [3] Mental Capacity Act 2005 [4] Knight v Knight (1840) 49 ER 58 [5] [6] Jones v Lock (1865) CA [7] Administration of Estates Act (Northern Ireland) 1955 S.2(3) [8] Re: Kayford [1975] 1 WLR 279 [9] Gary Watt, à ¢Ã¢â€š ¬Ã‹Å"Todd Watts Cases and Materials on Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 9th Edition, (2013, Oxford University Press) Page 38 [10] Ibid [11] Re: Adams Kensington v Vestry (1883) HL [12] Paul v Constance (1977) UKCA [13] Palmer v Simmonds [1854] 2 DREW 221 [14] Re: Golay (1965) [15] Re: Goldcorp (1995) [16] Hunter v Moss [1994] 1 WLR 452 [17] Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th edition, (Routledge Publishing, 2009) Page 105-106 [18] Lord Denning in Re Vandervells Trusts (No 2)[1974] Ch 239 at 319 [19] Re: Gulbenkians Settlement Trust [1970] [20] Hudson Supra at 15, Page 123-124 [21] McPhail v Doulton [1970] UKHL 1 [22] Ibid at 454 [23] Re: Badens Trust Deed (1973) [24] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11th Edition (Pearson Publishing, 2013), Page 15. [25] Roderick Ramge, à ¢Ã¢â€š ¬Ã‹Å"The Law in 101 Wordsà ¢Ã¢â€š ¬Ã¢â€ž ¢, (2010), 160 NLJ 1268 [26] Op. Cit. at 3. [27] D Hayton, à ¢Ã¢â€š ¬Ã‹Å"Law Relating to Trusts and Trusteesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2010, (London, Sweet Maxwell), Page 84. [28] Oliver Arter, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Banking Relationships à ¢Ã¢â€š ¬Ã¢â‚¬Å" Who is a Beneficial Owner?à ¢Ã¢â€š ¬Ã¢â€ž ¢, (2012), 1 TL 3-31 [29] Mohamed Ramjohn, à ¢Ã¢â€š ¬Ã‹Å"Text, Cases and Materials on Equity and Tr ustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 4th Edition, (Routledge Publishing, 2008) Page 92. [30] Michael Gau, à ¢Ã¢â€š ¬Ã‹Å"Estate Planning and Administration, (Thompson and Delmar Learning, 2005) Page 50. [31] Re: Astor [1952] 1 All ER 1067 [32] Morice v Bishop of Durham (1805) 10 Ves 522 [33] Richard Edwards, à ¢Ã¢â€š ¬Ã‹Å"Trusts and Equityà ¢Ã¢â€š ¬Ã¢â€ž ¢8th Edition, (2007, Pearson Longman Publishing) Page 188. [34] Section 1(1) Perpetuities and Accumulations Act 1964 [35] Ibid à ¢Ã¢â€š ¬Ã…“Subject to section 9(2) of this Act and subsection (2) below, where the instrument by which any disposition is made so provides, the perpetuity period applicable to the disposition under the rule against perpetuities, instead of being of any other duration, shall be of a duration equal to such number of years not exceeding eighty as is specified in that behalf in the instrument.à ¢Ã¢â€š ¬Ã‚  [36] Sarah Wilson, à ¢Ã¢â€š ¬Ã‹Å"Todd Wilsons Textbook On Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 11 Edition, (Oxford University Publishing, 2013), Page 146 [37] Alastair Hudson, à ¢Ã¢â€š ¬Ã‹Å"Equity and Trustsà ¢Ã¢â€š ¬Ã¢â€ž ¢, 6th Edition, (Routledge Cavendish Publishing, 2013), Page [38] Re: Sick and Funeral Society of St Johnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Sunday School, Golcar [1972] 2 All ER 439 [39] Richard Edwards Supra at 11, Page 247 [40] IRC v Vandervell [1967] 2 AC 291 [41] Richard Edwards Supra at 11, Page 247 [42] Ibid [43] Hudson Supra at 35, Page 51. [44] Re: Vandervells Trusts (no.2) [1974] Ch 269 [45] Westdeutsche v Islington [1996] UKHL 12 [46] Ibid Lord Browne-Wilkinson at Para 385-389 [47] Supra at 43 [48] Gillingham Bus Disaster Trust [1958] Ch 300 [49] Yvonne Simmons, à ¢Ã¢â€š ¬Ã‹Å"Breaking Up Is Hard To Doà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2001, CCN 3 (26) [50] Paragon Finance v DB Therakar [1999] 1 All ER 300 [51] Ibid Millet J at Para 408 [52] S.53(2) LPA 1925 [53] Carl Zeiss Stiftung v Herbert Smith (no.2) [1969] 2 Ch 276 [54] Ibid LJ Edmund-Davies at Para 300 [55] Lloyds Bank v Rossett (1991) [56] Hudson, Supra at 17, Page 508. [57] Gissing v Gissing [1970] UKHL 3 [58] Ibid Lord Browne-Wilkinson [59] Pallant v Morgan [1953] Ch 43 [60] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372 [61] Adrian Shipwright, à ¢Ã¢â€š ¬Ã‹Å"Back To Basics à ¢Ã¢â€š ¬Ã¢â‚¬Å" Trusts and Settlementsà ¢Ã¢â€š ¬Ã¢â€ž ¢. 2003, Tax Journal, Issue 681 Volume 13 [62] Frank Maitland, à ¢Ã¢â€š ¬Ã‹Å"Equity: A Course of Lecturesà ¢Ã¢â€š ¬Ã¢â€ž ¢, 2nd Edition, (1936, Cambridge University Press) Page 44