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Wednesday, September 2, 2020
Montana 1948 Practice Essay Essay Example
Montana 1948 Practice Essay Paper Development may come at any age whenever in a people life. One second the individual might be a lighthearted youngster, and afterward unexpectedly understand that they have been changed into a developed grown-up by a ground-breaking and horrendous experience, which they will recollect their entire lives. From that point onward, they were never same again. Accordingly, they quickly developed into grown-ups. In Montana, the late spring of 1948 held a progression of sad occasions which were to have a lasting and definitive effect on David and his folks. This chain of occasions were turn David’s youthful life and his family topsy turvy always which was to so rapidly lead him out of adolescence, decimating his blamelessness and young naivety all the while. Be that as it may, David’s stunning disclosures lead to his difficult picking up of knowledge. Right off the bat, David began to alter his perspective since their maid, Marie Little Soldier’s sickness. She would not see the specialist Frank which is sibling of David’s father Wes. Wes called Frank come to house, however Marie demanded Gail remain in room together. After Frank went, she revealed to Gail appalling things that Frank has been doing to Indian young ladies in reservation. David caught the discussion among Gail and Wes. â€Å"†¦I was starting as of now to consider Uncle Frank as a criminal†¦Charming, friendly Uncle Frank was away for acceptable. †P49 David thought his uncle was acceptable until he heard those alarming articulation. David realized this data would transform him until the end of time. He stepped toward adulthood by hearing and understanding what his uncle has done. Lamentably, Marie dead following a couple of days Frank went to the house. We will compose a custom exposition test on Montana 1948 Practice Essay explicitly for you for just $16.38 $13.9/page Request now We will compose a custom exposition test on Montana 1948 Practice Essay explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom exposition test on Montana 1948 Practice Essay explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer Candid guaranteed her dead due to pneumonia. Essentially, she was debilitated, however David knew better, he went to agent sheriff Len McAuley’s house. Len was tanked and uncovers the way that he likewise observed Frank strolling into house before Marie was discovered dead. David decided to mention to his folks what he knew, or if nothing else part he thought about Frank. This shows he was creating in the zone of genuineness. Previously, David would remained quiet about this, instead of face his folks with information he realizes will disappoint them. Moreover, lost David’s guiltlessness likewise shows up during his slaughtering of a live jaybird. This got an abhorrent him additionally fortifying the way that he has executed a living animal in the wild and referencing that â€Å"it should be possible in a flick of the finger†â€Å"†¦Looking in the dead bird’s eye, I understood that these peculiar, unthought-of associations †sex and passing, desire and viciousness, want and corruption †are there, there, somewhere down in even a decent heart’s chambers. †P82 Finally, Wes decided to capture his sibling. Rather f taking him to a genuine prison, he imagined that he can diminish his killer and attacker sibling some humiliation by securing him cellar. Julian Hayden sent a few men from farm came to house to break Frank free. Here David was near being a grown-up in light of the fact that he understood how he should act and the gravity of circumstance in which he and his family are included . He’s a long way from the youngster who once anticipated visits from his uncle and visits to granddads farm. As a grown-up, he is worried about the government assistance of his family and guardians prosperity inwardly. David might want to remain by his family when they are out of luck. He didn’t desert them or feel dishonorable. He remained faithful and consistent with those he thinks about and adores. Hence, he has demonstrated his capacity to go about as a grown-up should. Accordingly, in the quick excursion which David has been compelled to attempt from guiltlessness to encounter, to seeing life in an entire, honest and absolutely increasingly difficult way, he learns numerous exercises and increases significant experiences, however none more upsetting than that which promptly follows Frank’s self destruction. â€Å"You see, I knew! I knew! †I knew! That Uncle Frank’s self destruction had tackled the entirety of our issues †¦ I felt something for my uncle in death that I hadn’t felt for him throughout everyday life. It was appreciation, truly, however it was something else. It was near love†. P161-162 One can never be too certain when the guiltlessnes s of adolescence is lost, the slam dunk is that everybody turns into a grown-up in the long run, and that is the point at which they lose their blamelessness. As a rule, this change from youngster to grown-up is a cruel thing, and frequently the acknowledgment the world isn't great.
Saturday, August 22, 2020
Accounting Information Systems - Information Needs for the AIS Research Paper
Bookkeeping Information Systems - Information Needs for the AIS - Research Paper Example In any case, it is important that the advantages of the bundle by and large dwarf the advancement cost. Bookkeeping Information System conveys helpful data to its client in an auspicious and orderly way. The framework is used by the board for administering different authoritative capacities, for example, money exchanges, account receivables, creditor liability et cetera. In each association, the records office is liable for the board of huge volume of value-based information. The overabundance heap of the records office is facilitated by the AIS. The AIS gather these information, mastermind and store them in like manner and convey them at whatever point important. The AIS is a modernized framework containing practically totally mechanized capacities; all things considered, the segments of the framework incorporate contribution of human asset, directions, strategies, information, data innovation, safety efforts and interior controls. Thinking about every one of these elements, it tends to be learned that AIS isn't totally computerized and this is the explanation that the product is inclined to specific disadvantages. It has been seen that may corporate pioneers and administrators regularly make wrong suppositions with respect to AIS coming about to insufficient execution of the framework (Fuhong, 2012; Romney, et al., 2000). Contention: According to different creators, the extreme accessibility of data to a leader is considered as clamor to the data condition. Customers, by and by, have huge access to huge information through web and media transmission channels which therefore upgrades their choices and befuddle them. Various creators upheld that directors can settle on powerful choice just when they can intentionally recognize vital data and commotion inside a specific framework. Clamor by and large debilitates even the most creative chief, coming about to poor result (Lau, 2008). Contention: Research recommends that learning different parts of the bookkeeping data framework can be time
Friday, August 21, 2020
Testing Coursework Example | Topics and Well Written Essays - 1000 words
Testing - Coursework Example White-box test configuration permits one to look inside the container, and it centers explicitly around utilizing interior information on the product to direct the choice of test information. There are particular preferences to white-box testing like: 1. Meticulousness: As such, white-box testing is substantially more exhaustive as far as what level of the application we can test. This helped us in discovering that it will overwrite the point character on the off chance that you initially enter it and, at that point enter a number. 2. Steadiness: Delivers more prominent dependability and reusability of experiments if the items that contain an application never change like the adding machine whose augmentation is consistent however whose special case was not right. Be that as it may, there’s the other side of the coin too and every one of these accompany a couple of weaknesses too. The Black-Box Testing Techniques need precision and in spite of the usability need painstaking qu ality and it doesn’t look entirely steady to me. Different detriments incorporate the delicacy of contents and absence of thoughtfulness that accompanies no information on the inside structure. ... GUI testing JUnit testing Success of any GUI application relies upon how it associates through its UI with various clients. An application with invalid conduct or inaccurate client collaboration can prompt huge issues. GUI testing is a procedure to test the application's UI and to distinguish if the application is working fine practically. GUI Testing incorporates how the application manages console and mouse occasions, how extraordinary GUI segments like menu-bars, device bars, exchange boxes, catches, passage fields, list routes, pictures and so forth react to client input and to guarantee that the errands are proceeded as wanted. The GUI testing can be executed either physically or through robotized techniques. Manual testing is regularly blunder inclined just as a long way from thorough in this way computerized approach is liked. Robotized GUI Testing is utilization of a product program to check if the application is working fine practically. This incorporates mechanizing manual testing errands which are for the most part tedious and mistake inclined. To test a GUI, we required a decent technique for finding the parts of significant worth, choosing cells in a table, hauling things about, clicking catches, and so on. The occasions we test are like low level computing construct just these are appropriate for GUI testing. What the perfect methodology is in portraying the normal conduct is that we explain the designer's objectives before writing the code can; this abstains from overbuilding futile element and the connected capabilities. The following is the required refactoring of the Java adding machine program utilizing Test-Driven Development (TDD). There is no chance of exemption in duplication work so special case some portion of code can be considered as a dead code and can be evacuated. Open DivideByZeroExeption(String s), this capacity can
Monday, June 1, 2020
The Doctrine of Ultra Vires under Malaysian Company Law - Free Essay Example
Discuss the doctrine of ultra vires and its effect in Malaysian Company Law. According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Besides, it also show the company power, its purpose and the legal capacity of the company.[1] Furthermore, the purpose of the object of M/A should be lawful as stated in s14 (1) Company Act 1965. The consequence of unlawful purpose and incompatible to peace, welfare, security, public order, good order or morality in Malaysia will be Registrar of Company will refuse for the registration of the company as followed to s16(8)(a) Company Act 1965. As it has been stated that object of M/A function as recognize the legal capacity of the company, in the same time, it has limited the company which it require the company to act based on the statement. If the operation of the company is different with the object of M/A, ultra vires will be recognized. Ultra means à ¢Ã¢â€š ¬Ã…“beyondà ¢Ã¢â€š ¬Ã‚ whereas vires means à ¢Ã¢â€š ¬Ã…“powerà ¢Ã¢â€š ¬Ã‚ where ultra vires happened when an act is against the object clause. Although the company want to ratify the act, the act is void at initio. This can be further explained by the common law and statue. However, if the company wants to prevent ultra vires, the company must alter the object clause. There are certain requirement as stated s28 Company Act 1965. In s28 (1) Company Act 1965, it stated that alteration can be made based on a special resolution. Besides, by holding this special resolution, members and debentures holder of the company should be given 21days of notification to the special resolution as according to s28 (2) Company Act 1965. Common Law The doctrine of ultra vires under common law refers to the rules that company must act within their objects clause that is stated in the memorandum of association. Any activity that is outside from the company capacity is void. Neither the company nor the third party could enforce this. In other words, ultra vires act is void and the contract cannot be ratified even if the company wishes to. Under common law, the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s contract is void due to internal or external context. Externally, when a third party contracting with a company, if the contract was not fulfill the objects of company that stated in memorandum of association, then the contract was ultra vires and void. Internally, if the company and the director enter into an ultra vires contract, the company may immediately stop the act of the director and claim damages from the director who breach his fiduciary duties by entering into the contract which is outside from the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity. If the company could not fulfill the main object in their memorandum, then they would have to be wound up. According to Ashbury Railway Carriage Iron Company v Riche (1875) LR 7HL 653, the case stated that the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects in their memorandum was to make, sell and hire railway carriages. The company entered into contract with Riche and the contract was approved by the shareholders at general meeting, then the company agreed to give Riche and his brother a loan to build a railway in Belgium. After that, the company changed their mind and refused the agreement. Riche sued the company. The court held that the construction of a railway was ultra vires, because construct a railway was not stated in their companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s memorandum of association. Thus, the contract is void because the construction of a railway is outside from the company capacity. Furthermore, since it is outside from the company capacity, so the company could not ratify the contract. Therefore, ultra vires exist and the contract is void even if all of the shareholders approved the contract. From Ashbury Railway Carriage case, we can see that the company could not sue or be sued by the third party for not performing the contract. This is because the contract is null and void. Thus, the company could avoid for not performing the contract and could not be sued by the third party because it is outside form the companyà ¢Ã¢â€š ¬Ã¢â€ ž ¢s capacity. Although it seems unfair for the other party but the object clause of a company is available at public for inspection. The other party should have checked whether the company has the capacity to enter into contract with them or not. Need to say if company itself can sue the director and SH? Shareholders pay less concerned on the corporation on how the director corporate as long as the business generates dividend to them. However this will put the creditor in high risk. This is because if the creditors credit sales the goods and services to the particular company, and the company has insolvent in later dates, the creditor could not claim any debts. Common law stated that an ultra vires act is null and void to protect the member or the creditors of the company who has invested the money into the company and expect the investment is only used for the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s business. According to Cotman v Brougham (1918) A.C. 514, the objects clause of company c ontained 30 sub clauses, however, the first sub clause stated the company to develop rubber plantations. In the fourth clause, it empowered the company to deal in any shares of any company. Besides, the memorandum also stated that each sub clauses acts as the independent objects for the company. The company underwrote and had allotted to it shares in an oil company. After that, the oil company wound up and their company was on the list of contributories. The question arose is that whether this is intra vires the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s objects. The court held that the 30 independent object clause in the rubber companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s memorandum was an independent. Hence, the power to deal with the share in an oil company was within the legal power. Therefore, the company is liable for the underwriting. From the Cotman case, the company did not clearly specify the main object where constitution of Memorandum are not limited by using plain business language. Companies could n o longer avoid a contract based on the grounds that it was beyond the company objects which they have been done in the traditional ultra vires doctrine. This has increased a wider range of object clauses in the Memorandum as a result of each sub clause is independent which are not interrelated with the main clause. Hence, the object are not restricted to review on the main clause. This has rendered the companies to introduce a standard type of object clause to render almost all potential commercial objectives intra vires. Position under Companies Act 1965 According to s20 (1) of Companies Act 1965, any act or transfer of property that made by the company shall not be invalid with the reason that company dont have the power or capacity to do act. The effect for this section is transaction will become irrelevant with the fact that the company did not have the capacity to enter into it, even though a certain transaction is otherwise valid. Besides, the company can sued or be sued as acts against its object clause. In order to protect the interest of the shareholders and creditors, s20 (2) Companies Act 1965 has provided the remedies to restrain the ultra vires act. According to s20 (2) (a) Companies Act 1965, company is liable if a member of the company or the company itself has issued the debentures are available with a floating charge. The shareholders and debenture holders can sue the company for the taking any action outside the company and they can claimed the compensation from it. Besides, it also stated that the relief of s20 Companies Act 1965, the ultra vires only apply to specific person and not an outsider as refer to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd [1988] 3 MLJ 346. According to Pamaron Holdings Sdn Bhd v Ganda Holdings Bhd case, the Plaintiff and the Defendant entered into an agreement for sale and purchase of shares in a private limited company. The Defendant defaulted in the payment of the purchase price and the plaintiff applied for summary judgment against it. In opposing the application, the defendant proclaim that among the transaction was ultra vires the plaintiff company. Allowing the application, the court held that under s.20 a person other than a debenture holder or the minister may not raise ultra vires. The defendant being an outsider and not a debenture holder or the minister had no right under the section. The Defendant was liable for not being able to settle the payment of the purchase price. The Defendant also didnt purchase any shares or debentures from the Plaintiff Company, thus it cannot raise ultra vires. Defendant should purchase the shares or debenture from the plaintiff in order for the defendant have the right to raise ultra vires. From this case, only the person that are sufficient proximate to the company can apply ultra vires. Ultra vires is an action This act will only available to the contract that has been entered, yet to be completed as refer to the Hawkesbury Dev elopment Co Ltd v Landmark Finance Pty Ltd ( 1969 ) 2 NSWR 786. According to Hawkesbury Development Co. Ltd v Ladmark Finance Pty Ltd case, Plaintiff holds all of the shares in the Landmark Finance Pty Ltd. Landmark Finance has issued two debentures to United Dominion Corp (UDC). A request has been sent to court by Plaintiff about declaring both debentures to be invalid due that it is a company object ultra vires. Plaintiff also request that the court to prohibit the enforcement of UDC of the debentures. However, application that request by the plaintiff is rejected and the approval of court to void the declaration of the UDC had failed to be obtained. Due that the plaintiffs are the shareholders of the Landmark Finance, the application should make to Landmark Finance instead of UDC is a third party. If the company is make the act of ultra vires by issuing the debentures to the outsiders, the shareholders or debenture holders have the right to sue the company. However, s20 (2) (a ) Companies Act 1965 does not given its protection to debentures holders that secured by float charge and creditors who did not have any charge. According to s20 (2) (b) Companies Act 1965, officers are personally liable for any action taken by member of the company or the company itself. The shareholders or the company itself can sue the officers either former or current that who committed any Ultra Vires transactions which must be completed and realized. However, if any law suit against the officer will not affect the validity as stated in s20 (1) CA 1965, the act will be valid to the ground. According to s20 (2) (c) Companies Act 1965, any petition that may conducted by the Minister to the court to wind up the company that had committed ultra vires actions. The court will conducted its discretion when the company has changed the business totally from its original business. According to s20 (3) Companies Act, if any party has suffered any damage or loss due to the unautho rized act or transfer is yet to be performed and to be restrained under s20 (2) Companies Act 1965, the parties who have sustained the damage can be compensated. By comparing the common law and Companies Act 1965, under the doctrine of ultra vires, it is prefer to go for common law. This is because, under common law, the act of ultra vires is null and void, so the company could avoid for not performing the contract which is outside from their capacity. Besides, the company could not sue or be sued by others party just because they did not perform the contract. However, under the Companies Act 1965, it provides completed transactions remain valid as between the company and the third party and both of the party may sue each other. Letà ¢Ã¢â€š ¬Ã¢â€ž ¢s compare the case of Ashbury Railway Carriage Iron Company v Riche under common law and the case of Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd under Companies Act 1965, we can see that under Ashbury case, the ultra vir es are meant to protect the company by voiding the contract because it is outside the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s capacity. The other party could not sue the company although they had entered into the contract because ultra vires exist. Whereas, under the Hawkesbury case, the plaintiff failed to declare the debentures to the third party although it is a company object ultra vires because the plantiff are the shareholders of the Landmark Finance and it should make declaration to Landmark Finance instead of the third party. Conclusion For under the common law, the contract entered by the director of the company or the company itself is ultra vires, the contract is considered void due that it is beyond the companys capacity to perform it. If the contract made by the company with the third party is not fulfill the objects of the company that stated in memorandum of association also considered as ultra vires thus become void. When the contract has become void, the company could not sue or be sued by the third party for not performing the contract. For under the Companies Act 1965, any act that made by the company cannot be declared as invalid by using incapable to perform the act as an excuse. The transactions still remain valid between both the company and the third party that they may able to sue or be sued by each other. Thus, both companies and the third party should consider the capabilities of the company to perform the any act from the contract in order to avoid any ultra vires that may happen and cause the loss to the creditors, shareholders, debenture holders or any related parties. [1] Pg 205 principle of business law and corporation
Wednesday, May 6, 2020
Nike A Global Audience - 871 Words
Nike Nike is an American multinational company that sells, design and manufacturing clothing, footwear, sports equipment and accessories. Because Nike is a multinational company, Nike needs to have a great marketing strategy plan to be able to gain customers around the world. The strategy marketing can have pros and cons. Some of the pros are Nike is a mega brand, Technology and relations. Because Nike is a mega brand this helps the company to be more successful around the World, at this moment Nike continues to be the World’s largest athletic apparel and footwear company. One of Nike’s strategy plan to gain customers, is sponsoring Soccer teams and athletics around the World. In a recent article from BusinessofSoccer.com, â€Å"Nike the National Team: How Nike is Promoting the New USA Away Kits†Phillip Cunha write, A global audience tunes in and sees the United States team; to the common eye, consciously or unconsciously, what the team wears is a symbol of American culture and society. From the manufacturer’s perspective, this challenge is a major opportunity for Nike, especially in an American market, where average income and spending habits make the United States a major market for the Company and their soccer division. (Phillip Cunha). Sponsoring teams around the world helps Nike to gain access to markets that other companies can get access. Sponsoring national teams and athletics helps Nike to create relationships with countries and citizens. 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Tuesday, May 5, 2020
Tax Pack Dumped Online Returns Encouraged â€Myassignmenthelp.Com
Question: Discuss About The Tax Pack Dumped Online Returns Encouraged? Answer: Introducation It can be seen in the given case that Eric has bought some assets since the last year and because the given case does not mention an appropriate time for holding of such assets, it can be presumed that the same has been held for less than a year. Whenever the sale consideration of a specific asset exceeds its cost base, the taxability of capital gain arises and since in the given case, the assets are presumed to be held for less than a year, indexation benefit shall not accrue upon Eric. Eric has bought the following assets in the last year. Firstly, he has acquired assets for his own use excluding collectibles. These assets consist of a home sound system with an acquisition cost of $12,000. Besides, based on the law, if the acquisition cost of personal use assets is less than $10,000, then taxability of capital gain does not incur. Secondly, Eric has bought few collectibles that are usually to address his own benefits and enjoyment. Such collectibles consist of an antique chair with an acquisition cost of $3000, painting with an acquisition cost of $9000, and an antique vase with an acquisition cost of $2000 respectively. Besides, based on the law, if the acquisition cost of such assets does not exceed $500, then taxability of capital gain does not incur upon the transaction. Lastly, Eric has also bought few shares in a listed company for an acquisition cost of $5000 that attracts capital gain tax according to the law (Sadiq et. al, 2017). Nonetheless, in order to compute taxability of capital gain for the assets held for less than a year, the acquisition cost of such assets can be deducted from their capital proceeds that can derive the net capital gain or loss for the year (Kobestky, 2005). (Amounts in dollars) Assets Acquisition cost of the assets Net Capital Proceeds Net Capital Gain or Loss Home Sound System 12,000 11000 (1000) Painting 9,000 1000 (8000) Antique Vase 2,000 3000 1000 Listed companys shares 5,000 20000 15000 Antique Chair 3,000 1000 (2000) Net Capital Gain 5000 Therefore, it can be seen from the above computation that the net capital gain in relation to Eric comes to $5000 and the same is liable to be paid by him respectively. In relation to the previously mentioned computation, many points must be taken into account. Firstly, every personal asset bought by Eric have been purchased at an acquisition cost of more than $10,000 and that is why they are applicable for taxability of capital gain. Secondly, the collectibles bought by Eric have also been bought for an acquisition cost of more than $500 and that is the reason why these are taken into account for computing net capital gain or loss for the year (Pratt Kulsrud, 2013). Lastly, the net capital gain of $5000 has been derived by setting off the capital losses from the capital gain in the particular year It can be seen from the given case that the employer of Brian has granted him an opportunity to avail a three-year loan amounting to $1 million at a special rate of interest that must be paid by him in monthly installments. This criterion is also popularly known as loan fringe benefits wherein an employer offers loan facility to his employee at a special rate of interest that is lesser than the statutory interest rates of the market (Renton, 2005). Further, since the statutory interest is not known in the given case, it can be presumed that the loan provided on April 1, 2016, with an interest rate of 5.65% shall be the statutory interest rate of the given loan. Moreover, to compute the taxability of such loan fringe benefit, various steps can be carried out. Firstly, the taxable value of such benefit can be computed by excluding the deductible rule. In relation to this, the actual interest rate of such loan must be subtracted from the statutory rate of interest on such loan. Therefore, the interest as per the actual rate of interest shall amount to $1000000 * 1% = $10000. Similarly, the interest as per the statutory rate of interest shall amount to $1000000 * 5.65% that is $56,500 respectively. Thus, the taxable value shall amount to $56,500 - $10,000 = $46,500 Secondly, Brian must calculate the loan interest as per the statutory interest rate after assuming that the same was payable in relation to the loan. Therefore, interest as per the statutory rate of interest shall amount to $10,00,000 * 5.65% = $56,500 Thirdly, it can be observed that around forty percent of the loan has been utilized for settling the future obligations and other purposes. Therefore, the imaginary amount of tax deductible interest expense must amount to $56,500 * 40% = $22,600 Fourthly, just like the previously mentioned step, the actual interest amount of the tax deductible interest expense must amount to $10,000 * 40% = $4000 Fifthly, the actual amount given in the fourth step shall be subtracted from the imaginary amount in the third step. Therefore, it gives $22,600 - $4000 = $18,600 Lastly, after computing all the above-mentioned requirements, the final taxable figure can be ascertained by subtracting $18,600 from $46,500 that gives $27,900 respectively. After evaluating the previously mentioned steps, it can be stated that if the interest was payable after termination of the loan in place of payment through monthly installment basis, then the deemed time of such loan would have been considered from the time when such interest became payable or would have been paid (Nethercott et. al, 2013). An agreement has been entered into between Jack and Jill for the purpose of renting a property, and they are liable to share the property as joint tenants with no other disputes. Further, Jill is entitled to 90% share of the profits in relation to the sale of property whereas Jack will be liable to the remaining amount. Besides, in the event of losses, every loss must be borne by Jack alone and Jill does not take any responsibility for the same. Nonetheless, in the given case, it can be observed that a loss of $10,000 had taken place and based on the agreement, Jack alone is responsible to bear the same. However, he has full right to set off such losses with his other income so that the net income or loss for the year can be determined. Similarly, if no gains have accrued to him, he can also carry forward such losses for the upcoming years (Kenny et. al, 2017). Therefore, if Jack and Jill sell the mentioned property in the given case, it is assured that either gain or loss may incur. In the case of profit from the sale of such property, the same must be borne by both the tenants in the ratio of 90:10 wherein Jill shall attain 90% of the profits and Jack shall attain the rest. Besides, Jack can also set off the loss of $10,000 that has accrued last year in contrast to the profits that may arise from the sale of such property. Moreover, if there is a loss, Jill will not participate in the same, and Jack shall take responsibili ty for the entire amount wherein he can set off the same with other income or carry forward it to subsequent years. On a whole, the net outcome is that Jack has the right to set off his past losses with the profits of the current period so that net income or loss can be determined. Similarly, if by selling the property, losses are incurred, Jack is entirely responsible for the same and he can utilize his right to set off or carry forward the same. Therefore, Jill cannot be affected by any tax treatment in the provided case It can be observed from the case of IRC v Duke of Westminster [1936] that an individual has full right to make use of legal methods in a manner that can allow him or her to minimize his total income or total tax payable as a whole. Besides, no superior authority has jurisdiction in restricting him from doing so. However, if lawful methods are not adopted to manage the accounts, then the authorities have complete jurisdiction to restrict the same and ask for an increased amount of tax payable by him (Fullerton et.al, 2017). Further, the prevalence of authenticated documents in relation to managing the books of accounts is sufficient to prove that the methods adopted for decreasing total tax are genuine in nature. Nonetheless, the given case has proved to be of utmost significance until the emergence of other case laws in relation to accounting and taxation policies. As a result, the perception of people regarding the previously mentioned case has become distinct in nature. In relation to the current situation, this case has been of significant importance because it plays a key role in preventing organizations from influencing relevant details from their books of accounts and allows them to proceed only with genuine means (Saunders, 2015). This can be illustrated through an example wherein a business X suffering from major losses owing to high debts in the business can make use of the case law to change its details in the balance sheet or write off its fixed assets to their carrying values. In simple words, the organization X can alter its financials if it is facing major losses and even if authenticated documents are not shown, the mere transaction of writing off fixed assets will be enough t o validate the same (Fullerton et. al, 2017). Furthermore, if such business attempts to make use of fraudulent methods to do the same, then the case law plays a vital role in preventing the same from happening. On a whole, if any transaction or event that can assist an organization in doing a business efficiently and in a lawful manner, then it is appropriate for the business and not immoral or illegal It can be seen from the given case that there are various pine trees in a land that is owned by Bill and in order to graze sheep in the land, Bill has no other option than to cut the trees. If he hires a logging company to the same, he shall receive $1000 for every 100 meters of timber provided to them. Since, the given case does not provide relevant information about the total amount of receipts attained by Bill from the logging company, the same can be regarded as a revenue receipt, and capital gain tax must not incur upon the same. Further, if Bill attains a lump sum amount of $50,000 for providing the right to such logging company for clearing out the timber trees from his land, the same receipt cannot be regarded as a revenue receipt. This is because it is a non-recurring receipt and is associated with a lump sum payment that is received only after giving the right to perform the required task (Barcokzy, 2010). Nonetheless, this receipt must be considered as a capital receipt and the same must be taxable under the heading capital gain tax for the year. On a whole, it can be seen in both the cases that Bill receiving some amount of money. However, the major difference in both the cases is that in the first case, it is a recurring receipt and is not a lump sum payment that has been received after provision of the right to perform the required task. In contrast to this, it can be witnessed in the second case that the lump sum amount of $50,000 is a non-recurring figure because, after removal of timber from the land, it will surely take some time to grow again. Therefore, since Bill has offered a right to the logging company for clearing the timber from the land, and in exchange, he has received a lump sum amount, the same cannot be considered as a revenue receipt and instead, it must be regarded as a capital receipt (Thorpe, 2012). This is because it is mainly associated with the selling of an asset to the logging company and hence, taxable under capital gains. Similarly, the first case shall be taxable under the normal rate of taxes. References Barcokzy, S 2010, Australian Tax Casebook, CCH Australia Ltd Fullerton, I.G, Deutsch, R, Friezer, M.L, Hanley,P Snape, T 2017, The Australian Tax Handbook Tax Return Edition 2017, Thomson Reuters: Australia Kenny, P, Blissenden, M, Villios, S 2016, Australian Tax 2017, Thomson Reuters: Australia Kobestky, M 2005, Income Tax: Text, Materials and Essential Cases, Sydney: The Federation Press Nethercott, L, Richardson, G Devos,K. 2013, Australian Taxation Study Manual, Sydney. Pratt, J. W Kulsrud, W N 2013, Federal Taxation, Oxford university press. Renton N.E 2005, Income Tax and Investment, 2nd edition, Sydney Sadiq, K, Coleman, C , Hanegbi, R, Jogarajan,S, Krever, R, Obst, R, Teoh, J Ting, A 2017, Principles of Taxation Law 2017, Law book Australia Saunders, C 2015, The Australian Constitution, Carlton: Constitutional Centenary Foundation Thorpe, C 2012, Tax Pack dumped online returns encouraged ABC News, viewed 14 September 2017 https://www.abc.net.au/news/2012-07-09/tax-pack-dumped-online-returns-encouraged/411778
Saturday, April 18, 2020
Lower Voting Age In Canada Essays - Elections, Youth Rights
Lower Voting Age In Canada The young as well as the older people of Canada seem to be in a deadlock. The question of if the federal government should or should not lower the voting age is a question debated surely around the dinner tables of families in Canada, as well as in the ranks of the government. Some people even suggest that the age needs to be raised. What would make people want the voting age to be lowered to an even lower age than the young adult age of 18? On the other hand how can the youth of Canada who have their own individual views be able to make a difference without being able to vote? Both sides provide for an intriguing look into the facts and resolutions for an appropriate way to either change the voting age or keep it the same. Throughout this paper I will look at and analyze the arguments of the youth who claim to be 'disenfranchised', as well as others who see the lowering of the voting age to be detrimental rather than an improvement to the Government of Canada's political process. In 1854, before Canada became a responsible government the only people allowed to vote were people who had a high value of land which they owned, and had a high income. Women and people with other ethnic backgrounds and religious beliefs were also denied the right to vote. This did not mean that these people did not have their views and beliefs on who and what they wanted in their government but rather they were denied the right. These laws have changed since then drastically and Canada has become a democratic country (rule by the people). However, the frustration of not being able to vote and support their ideals and politicians does live on in the hearts and minds of thousands of young Canadians under the age of eighteen. The youth of Canada between the ages of ten to eighteen years old accounts for approximately 12.5 percent of the overall population of Canada. Thousands of these young adults are politically informed, politically active and have the concerns and demands many of the people who actually vote have. However, the youth of Canada also have concerns of their own which they are unable to address substantially. People under the age of eighteen for the most part are concerned in matters much different than say an employed thirty five-year-old. The youth under eighteen still are in high school they are concerned about as a grade 10 student from Western Canada High School put class sizes, teacher disputes, and minimum wage, (Thompson) among other things. He later goes on to state the fact that by the time he has indeed graduated and become eighteen years old, he will no longer be interested in class sizes nor teacher disputes, therefore he will not address them in his decision on who he decided to vote for. This is a very valid argument and it is also true for the most part to say that the voices of these concerned children should be heard via the vote of their parents. The government of Canada sees the parents as a voice for their children, however parents inevitably will vote in a bias towards their needs such as tax cuts. Without the availability and opportunity to vote and voice their opinions in an electoral system the youth of Canada are left to impact the political process in other ways. Thousands of youth are involved in political parties, political rallies and interest groups all over the country and as the country starts recognizing these groups more it has become increasingly easier to voice one's opinion and join. This is a valid argument to the point that most youth can already impact the result in politics by voicing their opinions and informing others rather than voting. Interest groups are an influential part of politics in Canada and if one under the age o f eighteen does feel the need to voice their opinion and influence politics this can be argued to be easier and sometimes more efficient than actually voting. On the other hand, an interest group never can or will have the
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