Tournier v National Provincial & Union Bank of England (1924)

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As is well known, the great case of Tournier v National Provincial and Union Bank of England held that a bank owes a duty of confidentiality to its customers. The duty extends at least to information concerning account transactions and extends beyond the date of the termination of the banker customer contract. Information attained from other sources, like a credit agency, is also covered by the duty. The duty is not absolute for the bank may disclose information where the disclosure is under compulsion by law, where there is a duty to the public to disclose, where the interests of the bank require disclosure and where the disclosure is made by the express or implied consent of the customer.

Tournier had an overdraft with the defendant bank. He had made arrangements to make payments toward the reduction of the overdraft, but after only three installments ceased to make further payments. Tournier was the payee of a cheque drawn by Woldingham Traders Ld. Rather than deposit the cheque in his account with the defendant bank; he indorsed the cheque to a customer of the London City and Midland Bank. The defendant bank came to know about the cheque by virtue of the fact that Woldingham was a customer. Upon seeing the cheque presented for payment the manager rang the appropriate branch of the London City and Midland Bank to enquire as to the identity of their customer. It was learned that the endorsee was a bookmaker, a person who accepts and pays off bets.

The manager then rang the employers of Tournier and had conversations with two of the directors. The actual contents of that conversation are not clear, but it was alleged that the manager informed them that Tournier was having dealings with a bookmaker. As a consequence of that communication the employer refused to renew Tourniers contract of employment. Tournier sued both in defamation and for breach of contract. He lost at first instance and appealed with respect to both heads primarily on the grounds that the judge had instructed the jury erroneously. He succeeded in the Court of Appeal with respect to both claims, the Court ordering a new trial and Tournier eventually won the case.

This case established 4 major exceptions.

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a) With the customers consent.

Traditionally, a bank would make a status enquiry about a customers credit standing with another bank. The customer would usually have no knowledge of this enquiry. Today, the bank must seek the customers permission to release such information. However, Tourniers case laid out that an implied consent is created to disclose information if the customer gives his bank as a reference.

b) Under compulsion of law.

There are various situations where a bank may be legally compelled to disclose information about a customers affairs. One of these is compulsion by court order. This could be used to assist in the investigation of a criminal offence under

- Bankers Books Evidence Act 187

- Police & Criminal Evidence Act 184.

- Drug Trafficking Offences Act 186.

The Police, however, must have a reasonable suspicion of crime and cannot use it to search for evidence.

Another situation where a bank must disclose information legally is upon receiving a valid request from an authorized official. This could be under the following acts

Taxes Management Act 170 - Information required by the Inland Revenue.

Companies Act 185 - Company information required by DTI.

Criminal Justice Act 187 - Set up the Serious Fraud Office to investigate fraud.

Financial Services Act 186 - To investigate insider dealing.

Sometimes the bank is under no direct compulsion to disclose information, but statutory protection is given. This situation arises when a crime may be committed if the information is not disclosed.

- Drug Trafficking Act 14.

- Criminal Justice Act 1.

It is a criminal offence to assist a money launderer to obtain, hide, keep or invest funds if you know or suspect that the funds are a result of a crime. It is also a criminal offence to fail to disclose to the police knowledge or suspicion of money laundering activities related to terrorist or drug related activities. It is an offence to disclose information to a customer or third party information on money laundering that has been passed to the police. Whilst suspicion is not defined, any employee who reports any suspicions according to the banks procedures will have complied with the regulations.

c) Where disclosure is in the banks interest.

This exception applies where the bank has to reveal details of a customers account in court when taking legal action. It was successfully used in the Sunderland v Barclays Bank case in 18. The case tells that Mrs. Sunderland issued a cheque and it was dishonored because of insufficient funds in her account. She called the bank and argued with them, but when her husband picked up the phone to discuss the matter with the bank, he was told about his wifes gambling. Sunderland sued the bank for disclosing that information, but the bank succeeded as it was in the banks interest and the account balance would also be disclosed to the public in court.

Another situation where this exception applies is disclosure to credit rating agencies when the customer has failed to make payments on a loan. However, the customer must be notified of this prior to the disclosure but he cannot halt the disclosure unless he makes the payments.

d) Where disclosure is in the public interest.

This hardly ever arises in practice, banks preferring to rely on the customers consent or on compulsion of law. It has been suggested that it may apply to trading with the enemy in time of war. In 186, then President Ronald Reagan ordered the freezing of Libyan assets held in the US right after the US obtained information about Libyan government accounts with Bankers Trust [Libyan Arab Foreign Bank v Bankers Trust (18)]. The court, however, never made clear if the disclosure in public interest exception applied in this case. • Roberts, Graham. Law Relating to Financial Services. London Chartered Institute of Bankers, 00.

• Confidential Information, Microsoft® Encarta® Online Encyclopedia 00

• Alan L Tyree, Does Tournier apply to Building Societies? 17. http//www.law.usyd.edu.au/~alant/tournier.html.

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What are the Effects of War?

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War, as a rule, changes all aspects of society and beyond. Women, as an example, had very few rights or opportunities before WWI, but, during the war there was a shortage in the amount of people who were left behind to perform tasks such as working in factories. The cure for this became the placement of women in factory jobs, which raised the percentage of women who had employment up to 40%. Considering that women were not even considered people at this time this number is outstanding, and really gave women a hope of being considered an important part of society. It also provided a change in the standard family. After war, when the men return, there is a significant shift in the way things worked once again. Many men who left to fight in wars as productive, healthy men return to their homes as disfigured, sickly, or completely useless. Societies with men who are returning disfigured do have to adjust to their needs. An example is the men without faces. These men returned with horrible disfigurements which caused then to have issues with depression and self image. Advances in technology were made and prosthetics became available to people so that they could resume their lives, and gain better self perception. From war advances in technology were also made regarding weaponry. In WW1 the need for a drastic new weapon was established, and thus came the tank. It not only evolved from a self propelled gun, but changed drastically with new improvements in armament and teething throughout WW. In WW advances were made in many other weapons such as the monoplanes which by the end of the war had become jet planes. Because of the advances in weaponry the style that wars were fought in also changed from trench warfare to field because of the German realization that they could not efficiently fight and win a war if they simply fought it in trenches. Despite their best efforts, the German's did not manage to win either WW1 of WW. This caused a drastic change in the government. Before WW1 Germany had been a monarchy, and afterwards it evolved into a republic, and then a dictatorship once Hitler had been voted in, and then once again after WW the country became a Republic. The governmental systems changed because they were not efficient or because they had angered another country, however, without the wars the governments may have stayed the same, Germany may still be a monarchy, and Hitler may not have been a problem. The fact that Hitler was left in power for so long was a clear statement about the attitude that other countries had after WW1. Because war had been so glorified before WW1 people were more eager to go and fight in it, countries were more eager to have their war, even if the basis for it was just an assassination. After the countries realized the effects that war had on their country they were not as eager to partake in one again, even though they had a more justifiable reason. It is quite common to see peace protestors, such as the hippies, in times of war and it seems that with each passing war more and more people become opposed by the idea, and realize the lack of romanticism in that act. Destruction of this idea occurred as the lives of families and the infrastructure of cities was also being destroyed. Many changes took place in the architecture of cities because during the WW1 and WW many buildings were destroyed. Historical places such as the Residenz, which housed Kings in Munich, were nearly destroyed by enemy forces. This forces not only the rebuilding and restoring of many buildings, but also a complete change in the appearance of cities from those with many Victorian structures, to more modern buildings. War causes major changes to everything that it touches.

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The Sixth Beatitude

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The Sixth Beatitude can be generalized into three particular teachings which each person must acquire in order to be affluent in his or her life, explicitly, love, respect and concern for others.

A person is likely to love others the same way as he loves himself. This Beatitude is teaching us to love endlessly not only ourselves but also others. It teaches us that in order to continue living in this society, we should learn and discern how to cooperate with one another. It is true that it is very difficult to just always get along or in other words, parating nakikisama (Filipino; always getting along). Though it is reasonable for a person to refuse or to stop loving in the end, we should understand that in this world, there can¡¯t be two people always accepting, there should always be one giving. Like in a family, all the members must be considerate. Take for instance a family whose padre de familia (Spanish; head of the family) works all day, waking early in the morning, sending his children to school and then going home late because he still waits for his children to finish studying in their tutor. And then when they reach home, the father just wanted his kid to make him a cup of tea, but the kid refuses. This example just show how inconsiderate the kid is, after all his father has done for him, which is very tiring, the father just wanted a very simple favor from him and he still has the nerve to rebuff.

As we all know, we are created in the image and likeness of God. Therefore, we are expected to respect not only ourselves but also others. This Beatitude instructs us that respect should not only apply to influential, wealthy and prominent people, but also to the deprived, because in the eye of God, we are all equal. We are brothers and sisters in Christ, and in a family, it is very important to have respect with each other. In order to earn the respect of other people, we should also learn how to respect them. At home, we already consider our maids as an extension of our family, though they still do not eat with us, we make sure that every Sunday, they are still able to attend mass. We are certain that they eat the right kind of food, sleep in a comfortable place, and receive the right amount of salary, for the reason that we deem that they are like us who wants to be treated as human beings.

Showing concern for a person makes the person feel that he is not alone. We constantly covet to have that kind of feeling because we know that whatever we do, we are accompanied and escorted. There is someone who supports us. A baby needs a mother¡¯s care while he is still young. A family¡¯s support is very important for a person especially when he needs to make a very big decision. We cannot say that a person doesn¡¯t need the concern of other people, because a person can¡¯t live alone, he needs a companion. That is why I agree that even a person is already old, he can still get married to have someone to live with when the time comes he needs someone to care for him.

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Truly, love, respect and concern for others can be the generalization of the teachings of the Sixth Beatitude which is ¡°Blessed are the pure in heart, for they shall see God.¡±

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Bi Polar Disorder

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Bipolar disorder is a brain instability which causes bizarre changes in a person's mood, energy, and ability to function. It is also called manic- depression. There are more than two million American adults have this disorder. These mood swings are unlike the normal ups and downs that people experience. Symptoms can be very critical and affect their entire life. This results in broken relationships, mediocre job or school performance, and suicide. Each case is very different. Some patients can come across symptoms in their early adolescence or later in life.

Manic-depression distorts a person's moods and thoughts. For example, they have racing thoughts one minute and the next they feel worthless and feel disconnected from the world. The different periods of highs and lows are called mania and depression.

Signs of a manic episode include increased energy, overly good mood, extreme irritability, racing thoughts, talking fast, jumping from one idea to another, can't concentrate well, and little sleep is needed. Also, they may have unrealistic beliefs in one's abilities and powers, poor judgment, spending sprees, a lasting period of behavior that is different from usual and increased sex drive. More signs to look for are aggressive behavior, denial that anything is wrong, and abuse of drugs or alcohol. A manic episode will be diagnosed if this elevated mood occurs with three or more of the other symptoms most of the day and nearly every day, for one week or longer.

Signs of a depressive episode include lasting sad or empty mood, feelings of hopelessness and guilt, loss of interest in activities they once loved, decreased energy, feeling of fatigue, and difficulty concentrating. Other symptoms consist of restlessness, irritability, sleeping too much or can't sleep, difficulty remembering or making decisions. Additional signs are change in appetite, unintended weight loss or gain, chronic pain that is not caused by physical injury, thoughts of death, and suicide attempts. A depressive episode will be diagnosed if five or more of these symptoms last most of the day and nearly every day, for a period of two weeks or longer.

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There is also a mild to moderate level of mania called hypomania. Hypomania may feel good to the person who experiences it resulting in good functioning and enhanced productivity. One of the most important things to look out for is that the person will deny that anything is wrong. But without treatment, hypomania can become severe mania or can switch to depression.

In some people, symptoms of mania and depression may occur all together in what is called a mixed bipolar state. These symptoms comprise of agitation, trouble sleeping, significant change in appetite, psychosis, and suicidal thinking. That person may have a very sad, hopeless mood while at the same time feeling extremely energized. This is all very hard to imagine if you have never experienced any of this. But if you have experienced some of the symptoms, you have a better understanding of the pain a bipolar patient has to deal with. They are confused with what to think and do with all the thoughts this disorder causes them.

There are many factors scientists have discovered that cause bipolar disorder. It has a tendency to run in families, which means it can be genetic in some cases. In addition, this disorder does not occur because of a single gene. But more likely that many different genes put together and in combination with other factors of the person or their environment that cause bipolar disorder. Finding these specific genes is very complicated job. With the technology we have today, brain-imaging studies are helping scientists learn what goes wrong in the brain to produce bipolar disorder and other mental illnesses.

Bipolar disorder can be somewhat controlled with therapy and medications. This combination takes time to have its affect on the patient. Working closely with the doctor and communicating openly about the treatment concerns and options can make a great difference in its effectiveness.

Medications known as mood stabilizers are usually prescribed to help control manic-depression. In general, most continue treatment with mood stabilizers for long periods of time. Medications available are lithium, anticonvulsant medications, or a combination of both for a stronger effect.

The basic facts are here but there is so much more to know if you or someone close to you has been diagnosed with this disorder. There is no simple way to sum up this devastating chemical disorder.

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Driving Restrictions and Smog Control

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In Bill Dawson's December th article in the Houston Chronicle, he discusses several possible solutions to the smog problem here in Houston. One solution under consideration by the Texas Natural Resource Conservation Commission (TNRCC) is a driving restriction calling for a 5% reduction in "vehicle miles traveled." Although a specific method has not yet been adopted, a possible interpretation could mean a ban on vehicle use every fourth day.

While this possible solution is ethically good, it is completely impractical. A 5% reduction in on-road vehicle use would eliminate 48.75 tons of smog-producing nitrogen oxides daily, which is only 15.65% of the 76 tons that need to be eliminated daily by 007 in order to comply with the Clean Air Act of 10. Combined with other solutions, a reduction in vehicle use could prove to be very useful in smog reduction, if only it could be enforced.

Take, for example, a similar situation in Mexico City in 188 In one of the largest and most polluted cities in the world, local government limited and enforced car use through a complex system of license plate identification numbers and colors. For the first few months, the measures seemed to be effective, until people began to purchase additional vehicles with differently numbered and colored license plates. Those who could afford them bought new cars, while the poorer families bought older, more polluting vehicles. Today, after 11 years of this system, the pollution and traffic congestion in Mexico City is worse than ever.

Ironically, just as state officials were discussing driving restrictions, a group of air quality experts from California were recommending against such "lifestyle" restrictions to combat air pollution. James Lentz, the former director of the Los Angeles area's South Coast Air Quality Management District, said, "We haven't done a very good job with anything involving lifestyles. We got cleaner air with technology." Ralph Marquez, one of commissioners of the TNRCC adds, "We can write all the regulations we want, but if people are unwilling to change their lifestyles, we can't put them in jail."

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So regardless of how environmentally friendly a driving restriction would be, forcibly changing the lifestyles of drivers isn't really an option. Technology, however, could prove to be much more useful. A Chronicle subscriber writes, "I spent 1 years in the auto industry and recall the mandates in the late '60s for a fuel-efficient, clean-burning automobile." He goes on to say that auto manufacturers "…spent millions eliminating the downdraft carburetor system and replacing it with a fuel-injection system, coupled with a catalytic converter to scrub the exhaust…." The technological advancements of the 160s produced the cleanest-burning and most fuel-efficient automobiles up to that point in history.

Now, in 000, technology may be a better answer to the smog problem than driving restrictions. For example, on May 1, President Clinton proposed a major reduction in the allowable levels of smog-boosting sulfur in gasoline. Sulfur build-up can damage pollution control devices, such as the catalytic converter, rendering them ineffective in removing smog-forming nitrogen oxides, fine particulate matter, and other air pollutants from engine exhaust. The proposed 0% reduction in gasoline sulfur would be "the environmental equivalent of taking 54 million vehicles off the road overnight," says Bill Becker, director of two national organizations representing state and local air quality officials.

However, the refining industry warns that a dramatic lowering of sulfur could increase the price of gasoline by as much as 10 cents per gallon, although EPA officials say that new technology could eventually lower the price of a major sulfur reduction to 1 or cents per gallon. Currently, the most-often-used method of removing sulfur from gasoline is the addition of hydrogen, which might require the installation of hydrogen facilities at refineries. Another problem refineries would have to confront is the resulting removal of octane due to the lowering of the sulfur content.

While there are certainly pros and cons to the idea of lowering sulfur in gasoline, the idea itself is much more feasible than modifying drivers' lifestyles. Air pollution is regional and multi-source in nature. Environmental regulators increasingly believe that region-wide strategies are needed because air pollutants can drift great distances, and no single source can cause or fix the entire problem. Besides automobiles, other sources, such as the Ship Channel plants and Baytown-area refineries, are major contributors to the brown haze settling on our city and must be held to strict emissions�control standards.

Certainly no one is arguing that protecting the environment is ethically bad. As one Chronicle subscriber puts it, Who would knowingly exchange good health for the unrestricted right to emit poisons into this regions air? Regardless how ethically sound the issue is, (in this case, sacrificing the personal right to drive a car for the greater good of protecting our environment) the fact remains that the solution of restricted driving isn't able to be implemented and enforced. A 5% reduction in "vehicle miles traveled" is a wonderful idea in theory, but the TNRCC itself has no idea how to begin to achieve it.

Forcing individuals to change their lifestyles will not work because the average individual only has a passing concern for the environment. We all agree that it is important, but other social issues, like crime, healthcare, and taxes will always take precedence because they hit much closer to home, so to speak. A single mother of two on welfare will be much more concerned with what will help her particular situation than with how the refinery where she is applying for a job affects the air she breathes. As imperative as it is to control and improve our environmental pollution, changing individuals' lifestyles will not work.

Albin, Enrique. Viewpoints. Houston Chronicle 18 Dec. 1, STAR A47

Coody, Jim. Viewpoints. Houston Chronicle 7 Dec. , STAR A5

Dawson, Bill. "Cleaner air could be painful…" Houston Chronicle 0 Dec. 1, STAR A1

Dawson, Bill. "Ladies and gentlemen…" Houston Chronicle Dec. 1, STAR A7

Dawson, Bill and Michael Davis. "Pollution cut sought…" Houston Chronicle 1 May 1, STAR A1

Hoffheiser, Chuck. Viewpoints. Houston Chronicle 1 Dec. 1, STAR A5

Wood, Joe L. Viewpoints. Houston Chronicle 18 Dec. 1, STAR A47

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POS 101

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"He who has the gold, rules all." This was a popular way of thinking long before kings, queens, emperors, or presidents. James George Frazer wrote a book back in 1 named, The Golden Bough. Frazer, who was a Scottish anthropologist, wrote about how "leaders" came to be. Primitive man in Africa, Asia, and America began to follow medicine men, men who would perform public magic. These men would cast spells, use charms, perform rituals, and bring upon their village and all of its inhabitants good health, wealth, and happiness. Soon after, the villagers began to rely on these men for whatever may be ailing them. The medicine men become the most envied and powerful among all the villagers. Therefore being the best candidate for the tribes chief.

Although the medicine men constantly kept their villagers entertained, they did not always have the fates on their side. They began to lie and create excuses of why their spell didn't work, and why the weather had not changed. Frazer tells us that only the most "unscrupulous" liars survived, because they always had a perfect explanation of why their magic failed to meet the expectations of his tribe. Thus, over time the leaders of these villages came to be the men with the most intelligence, and truth bending skills.

Frazer continued to write in his narrative that the people were better off with the "intelligent scoundrels" that with the "sincere fools." Men who could be the most callous and hardheaded would become, in the end, the ones who were most knowledgeable and admired by the villagers. The fools, on the other hand, would never meet their standards for a great leader. If a foolish person were given a position of great power, the decision to have them as a leader would only end in disaster. As James Frazer said, "once a fool always a fool."

As time progressed the world began to look at their leadership roles in a different light. Europe, for example, replaced primitive tribes with city-states. The Prince, written in 151 by Niccolo Machiavelli, gave leaders an insight on how to retain their power of authority. Machiavelli wrote that it is "much safer to be feared than loved." He believed that if a ruler were soft on his people, the people would feel more confident if at any time they needed to turn against him. But, if the ruler were a feared man then his people would then be less likely to go after someone that they are truly afraid of.

Help with essay on POS 101 IS THIS THE CASE TODAY? (Do you think that that our leaders should be feared or loved?)

WHY?

Leader's who have followed Machiavelli's advice have been seen as "unscrupulous without seeming too cruel." The United States 16th President, Abraham Lincoln, took advice from what Machiavelli had taught. Many people saw Lincoln as a great man, and although he is just that, when he declared the "Emancipation Proclamation" in 186, he DID free the slaves but only the ones in rebel states. The loyal states were able to keep their slaves until after the war. Going back to Machiavelli's idea of having a leader who is feared or loved. Lincoln had proven a point with the Proclamation, saying that anyone who disobeys or rebels against his leadership will be punished. With this idea the freeing of the slaves has very little with the entrapment of a human being as much as it does with the fact that he just wanted to make it very clear not to stand in his way. Lincoln knew the power he held and he used it to better gain political positioning. This brings us to wonder if Former President Richard Nixon might have speculated that the "Emancipation Proclamation" was just a way for Lincoln to raise his political influence.

WHAT DO YOU THINK ABOUT THIS? (Was Nixon right in thinking that Lincoln was just trying to "make points" or do you think that he truly felt that slavery was wrong and slaves should be freed?)

Please note that this sample paper on POS 101 is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on POS 101, we are here to assist you. Your cheap custom college paper on POS 101 will be written from scratch, so you do not have to worry about its originality.

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