Sunday, May 24, 2020

The Game Of Basketball And The Engine - 1029 Words

The game of basketball and the engine have been around for a long time. The game of basketball was invented in December 1891 and the engine was invented in 1680. Although they seem completely different they are not. Basketball and the engine are similar regarding their equipment and supplies needed, the procedures that take place, and the way they enhance one’s life. The game of basketball was intended to condition young athletes. It started as a basic game, and as the years progressed, officials added rules that made the game how it is today. The game is played with no more than five players from each team at a time. This allows you to have team mates but not have too many people playing at one time. The engine was invented to make life and transportation easier. Over the years engines have become more complex and powerful which allows for more speed and better vehicles. Basketball may seem like a complicated sport but it is not unless one makes it complicated. In the game of basketball there is the basket which has a back board made of a sturdy glass and a net made from special rope. Then there is the basketball which is made of rubber with a leather cover for grip. The players wear shorts and a jersey with a number and sometimes the last name of the player on the back and the same number and team name on the front. The player will also wear a special shoe made for the sport. The shoes are made from different materials, and the bottom of the shoe has a good, stickyShow MoreRelatedNCAA Athletes Need Salaries Essay1505 Words   |  7 Pagesseconds left. The winner takes home the title as the 1999 National champions. The ball is snapped, Bollinger drops back, fakes the pass, and pitches it to Dayne. He dodges a tackle, bounces off 2 blue jerseys, and stumbles in the end-zone for the game winning TD. Daynes hard work and perseverance paid off and l ed Wisconsin to a victory. But who really capitalizes when Ron Dayne leads his team to a National Championship? To Dayne, Paid Off in no way means he will receive a check from the UniversityRead MoreSwot Analysis : Amazon And Salesforce Essay1279 Words   |  6 Pagesterms of compute capacity, storage, analytics and databases Compute Capacity: Compute capacity is the core competitive advantage for these three providers. Elastic Compute Cloud (EC2) AWS’s using Elastic Compute Cloud while Google’s using Compute Engine. Azure has Virtual Machines and Virtual Machine Scale Sets. The price for EC2 (AWS) and VM (Azure) will be much higher than Google’s. Storage: Google is using Could Storage charging $0.026/gb/month, Azure is suing Data Lake Store charging $0.04/gb/monthRead MoreCollege Sports Is A Multi Billion Dollar Business1226 Words   |  5 PagesHewlett- Packard, Harley Davidson, Google, Disney, Apple, and Amazon. All huge businesses. However, did you happen to think of college sports? College sports is a multi-billion-dollar business. Let me share with you an example. In 2012, the NCAA men’s basketball March Madness tournament in, â€Å"TV ad earnings along eclipsed $1 billion† (Cheney-Rice Zak, Mic.com). Furthermore, in that very same year, â€Å"The NFL playoffs generated $976 million, while the NBA, MLB and NHL playoffs combined failed to out earn MarchRead MoreOriginal Clock At The Basketball Court Essay1595 Words   |  7 Pagesspace and observing the scene unfolding in front of him nostalgically. Jade visited the basketball court everyday on his way back home after he finished working. It was part of his daily routine. He would always spend a good ten minutes walking around the perimeter of the court and studying the horde of children running across the court like lions chasing their preys. It reminded him of himself and his basketball team. However, he left later than usual today and the court was as empty as a desert.Read MoreTaking a Look at Bo Jackson1170 Words   |  5 PagesJackson first played football and baseball, two sports that was professional, then try your luck at basketball (with Michael Jordan), tennis (John McEnroe), ice hockey (with Wayne Gretzky) and athletics (with Sea and Decker). The first ad was so successful that Nike decided to do more, playing on these occasions to cycling, football (with Welshman Ian Rush), cricket, surfing, weightlifting, engine and horse riding. The American company found in Bo Jackson to a gold mine: the first athlete in history Read MoreImportant Letters Serve As A Substitute For An Ip Address Essay701 Words   |  3 Pagesrecently, URL structure was largely ignored from an SEO standpoint. Nowadays, however, SEOs are realizing the significant role URLs can play in rankings. These three important letters serve as a substitute for an IP address, informing users and search engines on what the page consists of. An ideal URL should be simple and straight to the point, without a series of confusing letters, numbers and symbols. A well structured, easily readable URL can contribute to a boost in rankings, especially for smallerRead MoreThe Between Math And Sports1680 Words   |  7 Pagesand five in a division. Create a table for your results. Look at win and loss data for teams in basketball, for example, the NBA. Compute the WL% for ten teams of your choice. Create a table for your results. What other sports use WL%? Is WL% always expressed as a percentage? Explain your answer. WebQuest 3 - The NBA Draft Lottery The NBA Draft Lottery is an annual event held by the National Basketball Association in which the teams who had missed the playoffs in the previous season participate inRead More Graduation Speech Essay1426 Words   |  6 Pagessurvive his Windows 2000 class since I hadnt taken the required prerequisites and was pretty lost. Mr. Ver Hoeven, our Sports Medicine Teacher and Athletic Trainer, stays after school every day, and taped my ankles before almost every basketball practice and every game, even though we would always mess up his room and leave inappropriate things on his computer. Mr. VanValkenburg, the Ag. Mechanics teacher, knows everything about everything. He is very hard working and teaches by example, and I cantRead MoreGoogle s Impact On The World1256 Words   |  6 Pagesis one of the most popular, and most used web search engines in the world. Google also has many services that helps you send mail, generate website pages, and create blogs. With all of these great tools come many great, user-friendly features specifically tied to Google. Google has vastly become one of the best search engines in the world, if not the best. Google averages about 12 billion searches per month, which is the most by any search engine in the world. Users can also search for photos, newslettersRead MoreThe Night - Original Writing906 Words   |  4 Pagessteps—and she grabbed her mom’s car keys carefully exiting the house, shutting the door quietly behind her. She jogged to the car, which was parked on the street in front of her house and hopped inside, starting the engine. She quickly looked back to make sure that the older car’s engine had not stirred anyone in the house. No lights were on inside the residence, which Evelyn took as a good sign that her parents had not awoken. It didn’t take her long to reach her destination. It was a small town

Wednesday, May 13, 2020

Reflection Of Biblical Counseling - 815 Words

Biblical counseling is a ministry of the local church whereby transforming individual’s beliefs into following the family of Christ. It is sanctioned to empower us as believers in Christ Jesus, allowing all to know that we can do all things through Him. If one believes in Christ, He can help lead us, guide us, counsel us, provide remedies for us, and show us how to handle any situation through the word of God. In the process He will allow us to let His wisdom shine and to teach us how to help others in this world of sin. We as biblical counselors can learn to help people in every circumstance. I learned there are many different ways to counsel. The main thing I learned was that Scripture is superior to anything†¦show more content†¦One focus of biblical counseling is to help others develop a biblical worldview of their life and recognize the core truth that guides right thinking and actions. The goal of biblical counseling is spiritual maturity. True change is the result of the Holy Spirit working in one’s heart. This work often includes intervention by other people such as a pastor, a mentor, or a counselor. The biblical counselor helps people identify their problems in biblical terms that may involve a renaming of the problem, such as, alcoholism versus drunkenness. As this is done, the individual’s view of his or her problem is changed and becomes biblical. This process is filled with grace and is ultimately redemptive. The gospel of Jesus Christ is the foundation for the work of biblical counseling. In order to go forth with any counseling session; one needs to study the Bible passage carefully to discover biblical principles applicable to each person and what they are going through, then one will need to utilize said Godly principles. Consequently, one will need to be creative in how the Bible is used in each counseling session. One will need to ensure that they get to know the person that they are counseling, the issues that they face, and what their spiritual belief is. There are many different methods that exist for using the Bible in counseling. One should determine, with the discernment of the Holy Spirit, which methods to use in each situation. However, in order to beShow MoreRelatedEssay on Theory Critique: Crabb and Hawkins1241 Words   |  5 Pagesof the Content Both authors express many overlapping elements of revealed truth in regard to the process of counseling and the problems that are derived in the life of clients and people suffering from disorders and psychologically unhealthy mindsets. Hawkins utilizes a theory of 5 concentric circles defining the human psyche and physiology. Hawkins goes on to relay his theory of counseling that utilizes 4 phases in which the counselor and the client work through the issues that hinder the clientRead MoreFree Essay Is a Scam1711 Words   |  7 Pagestruth cultural mandate multiple perspective and co-operative learning (van leeuwen) Science is not based on faith that physical laws will apply forever ,or in different places in the inverse. Page 67. As ecological findings drove biblical scholars to reread the biblical mandates concerning our environmental stewardship, so recent psychological findings have stimulated new questions among people of faith. One example shows new information about sexual orientation. These findings have prompted someRead MoreCrabb Theory Critique1057 Words   |  5 PagesIntroduction/Summary The integrative Christian perspective of Lawrence Crabb in his book, Effective Biblical Counseling is enlightening on the simplest level. The overall presentation and concept creates much introspection of motives, which threaten ones biblical thinking and behavior patterns that create relationship and personal problems. There are many strengths and positive points to adopting this counseling style the most prevalent being the focus on restoring others to God through correcting the assumptionsRead MoreTheory Critique1539 Words   |  7 Pages Summary Psychology has been primarily viewed as a methodical system that seeks empirical evidence to explain nature, while theology is often viewed as reasoning based on man’s eternal destiny as discussed in biblical teachings. Falsities are held within both of these historical beliefs. Psychology often â€Å"considers questions for which empirical evidence is not available, or even possible,† (Entwistle, 2010, p. 125). Theology must not â€Å"ignore the fact that manRead MoreIntegrating Religious And Spirituality Within Counseling, Explicit Integration, And Integration954 Words   |  4 Pages Summary There are several key concepts in this study. Religion and spirituality are discussed and compared to the knowledge and skills one learns when dealing with multicultural counseling. Walker, Gorsuch, and Tan (2004), there are three approaches to integrating religious and spirituality in counseling, explicit integration, implicit integration, and intrapersonal integration. Explicit integration â€Å"is a more overt approach that directly and systematically deals with spiritual or religious issuesRead MoreAnnotated Bibliography On Family Therapy1629 Words   |  7 Pagesissue that families, couples, singles, Christian counselors, and therapists might encounter in their scope of practice. The book entitled, â€Å"Christian Counseling Third Edition: A Comprehensive Guide† by Gary R. Collins, Ph.D. main focus or purpose is staying undated by every revenue in the broadest areas of family counseling, the hospital, ethical data, society current issues, and religious views. The background and credibility of the author’s contents of this book receiveRead MoreInterpersonal Effectiveness : The Principle Of Mindfulness1368 Words   |  6 Pagesallows the client to interact with other group members in a positive learn environment. Inconsistencies to DBT Approach The principle of mindfulness is based on Zen Buddhism which can be problematic when mindfulness and acceptable are not based on Biblical truth (Tan, 2011, p. 247). Mindfulness principle is emerged from spirituality and religious beliefs and involves self-regulation of attention and adopting a particular orientation to event around an individual. Self-regulation is done through maintainingRead MoreA Reflective Paper On Integration852 Words   |  4 PagesIntegrative Advantages According to McMinn (2010), one of the advantages is the reflection of diversity and its implications for counselors as we â€Å"look through two lenses simultaneously† (p. 4), those of â€Å"tradition validity† and employment in advance of, but not to the exclusion of, empirical science and applied practice (Johnson, 2010 p. 174). A second advantage is in that of the counselor who demonstrates the Spirit of Truth, biblical traits of stewardship, shepherding and servanthood and acknowledges theRead MoreProspects For Future Study1169 Words   |  5 PagesRecommended Revisions As this project is brought to a close, a reflection can be made on what should be done differently. The project did not struggle with a timeline or gathering information on soldier suicides at the state level. The project did not suffer from lack of participation by chaplains who heard the initial phase 1 introduction to CALLS training and enlistment for more information. However, the Project Director acknowledges that there was an underestimate to the sheer volume of informationRead MoreTheory Critique of Crabb and Hawkins Essay826 Words   |  4 Pageschecking secular concepts in light of Biblical truth. The third view â€Å"Nothing Buttery†, fails in that it disregards psychology altogether. This view says that all that is needed is Christ. The fourth â€Å"Spoiling the Egyptians†, is the most balanced of the four approaches (Crabb, 1977). This approach teaches that psychology is under the authority of God’s word. The bible is God’s infallible, inerrant, inspired revelation. Scripture is to have priority over non-biblical opinion in a functional capacity

Wednesday, May 6, 2020

Policing in Angola Free Essays

Abstract With a need to maintain order and protect the citizens, nations such as Angola are grappling with how to create and maintain a police force. This study assesses the strengths and weaknesses of using non-state police forces in a law keeping and enforcement capacity. The results of this study illustrate that there is a high potential for corruption, yet, the need for protection is greater than the possibility of abuse. We will write a custom essay sample on Policing in Angola or any similar topic only for you Order Now This study will be of interest to any person delving into the strengths and weaknesses of a non-state policing solution. 1 Introduction The need to ensure the security of the ordinary citizens in the nation of Angola on a day to day basis has prompted the consideration of creating and applying non-state policing actors (Hallsworth et al., 2011; Baker, 2006). With too little money from the regional government given for a police force, outside actors including businesses, private citizens and foreign nations can be utilized as investors in order to provide the service of policing the community. Non-state police forces are often unregulated and have the potential to take on a wide variety of forms that will speak to the characteristics of the surrounding population (Wood et al., 2007; Gill, 1994). Yet, it is necessary to avoid varied forces including vigilante groups that seek their own goals to neighbourhood watches and instead seek to stabilize a community made up of equally varied members giving the population to find them working against the same mutual enemy. Violent crime as well as rampant civil rights abuses has continuously promoted the need for a policing force throughout Angola and the entire African continent (Johnston et al., 2003; Wood et al., 2007). Alongside the need to keep the peace is the inherent need of the underlying community to support the force and the policies resting behind the enforcement of the tenants of the region. What cannot be denied is that despite the potential for abuse, there is a need for a centred and recognizable police force, whether a state or non-state actor, in order to ensure that day to day activities that contribute to the long term health of the nation are attended to. This brief illustrates the pro and con arguments surrounding the non-state police agenda and highlights the strengths and weaknesses of the system. 2 Non state policing in Angola 2.1 Pro non state policing There is several sound reasons that a government such as Angola’s would choose to create and implement a non-state policing force (Wood et al., 2007; Hallsworth et al., 2011). Ranking as the primary motivation is the need for community security that allows for day to day activities to progress without hindrance. Furthermore, this perception of cultural stability aids in the operation of the underlying and associated financial and consumer markets that are themselves integral to the stability of the state (Crank et al., 2007; Baker, 2010). With a law abiding citizenry comes the opportunity to build a sound financial base that allows the operation of external and internal projects. With high crime rates to blame for abuses against the most vulnerable of Angola, the absence of a police force allows the criminal element to come to the fore, which in turn is directly against the needs of the regional population to grow and prosper (Hallsworth et al., 2011; Baker, 2006). Enforcement of the law is only one facet of any regions police force, making the need for a working unit critical to Angola (Johnston et al., 2003). Absent the taxpayer funds to establish and operate a working force, the non-state police option provides a method that can accomplish the goals of both the government and the consumer community. With a private force the tax payer does not typically feel the sting of payment that these forces need to remain relevant in the states interest (Gill, 1994; Baker, 2006). This element provides many opportunities for private investors to step forth and equip the non-state police force in a manner that some of the poorer nations, such as Angola, can only hope to afford. Furthermore, a key advantage of many outside or private police entities are the established outside contacts and expertise that is brought into the region as a result of the engagement (Crank et al., 2007; Baker, 2006). In many cases the skilled labour may not be present in the im mediate area, requiring the need to look to the outside community for better talent and resources. Another opportunity provided by the consideration of a non-state police force in Angola is the potential to transform relations with neighbour nations or allies by incorporating elements of their working infrastructure (Gill, 1994; Johnston et al., 2003). It is become more common of multinational police forces to work together towards a goal that serves to benefit the entire international outlook by ensuring the stability of the region. Furthermore, this form of non-state or shared policing builds bridges and understanding between enforcement departments that often have work across national and international borders in order to address the issue at hand (Hallsworth et al., 2011). In summary, the primary positives resting behind the non-state police force in Angola is the increase in talent, decrease in state funds spent and the opportunity to find international partners that will assist to maintain order in the long run. 2.2 Against Non-state policing As with any employee or outside agency, bringing in an outside police force to Angola, holds the potential to be abused and subverted to the interests of others (Hallsworth et al., 2011; Baker, 2010). Private interests often play a pivotal role in choosing, maintaining and implementing any form of non-state policing, making the persons behind the effort at once suspect and complicit in the case of corruption. Lending itself well to the spectre of corruption, non-state policing can have chilling impact on the target community by stifling business and community activities to the point that there is a visible loss of enthusiasm and production (Johnston et al., 2003; Wood et al., 2007). Furthermore, this perception of public abuse on the part of the policing efforts contributes to criminal activity and unproductive behaviour on the part of the local population. A secondary concern when dealing with a non-state police force in Angola is the need for the organisation to properly understand the community that they are assigned to protect (Wood et al., 2007; Crank et al., 2007). Many times an outside operator will mistake a cultural element as a risk, which in turn may lead to an issue that should never have been created in the first place. Furthermore, the local populace may not hold a great deal of confidence in the outside force, which can become a substantial hindrance in the operation of day to day policing activities (Baker, 2002; Wood et al., 2007). If the community is not helpful many opportunities will be lost to the non-state police effort. Yet, this can many times turn into a private citizenry that expects special favours of the police force, leading to another issue that has the potential to lead to widespread abuse and corruption. The level of training and professionalism among these private forces can quickly become a liability in the effort to sustain a working police force (Johnston et al., 2003; Baker, 2002). With many forces seeking to cut corners and save money whenever possible, there is a real potential to provide a undertrained and ill equipped force that could possible cause more harm than good in the region. Furthermore, the less training provided to the force enhances the opportunity for corruption and the skewing of the original effort to protect the citizenry (Baker, 2010; Crank et al., 2007). Finally, with a force that relies on funding there is the real possibility for a rich person or outside organisation to negatively influence the operation of the police force, making the need for oversight both critical and expensive (Wood et al., 2007; Gill, 1994). In summary, the negative aspects of using a non-state police force include possible corruption, lack of training and the absence of cultural sensitivity that aids in conducting many day to day police centred operations. Furthermore, there is the very real opportunity for a well-funded outside entity to have a substantial impact on the operation of the police force, which in turn can produce a range of further negativity. 3 Conclusion The need to ensure the security of the ordinary citizen on a day to day basis throughout Angola has prompted the consideration of a non-state policing system. As this brief indicates, there is a need for a police force in order to create a sustainable and liveable condition in the nation of Angola. Yet, as the evidence insists, the presence of corruption and abuse is likely. However, the need for citizenry protection and stability outweighs the possibility of negative policy. It would seem possible for an Angolan effort to keep the policing force transparent would lead to a working force that benefits the population more than the special interests. Coupled with the reduction in overall state costs, the prospect of a working police force provides outside investors with a reason to hope for stability, thereby increasing the likelihood of investment which aids in the building Angolan infrastructure. In the end, no matter the negative potential, the evidence suggests that a non-state policing force offers more benefit than detriment, leading to the recommendation of creating and implementing a non-state policing force in the African nation of Angola. References Baker, B. (2002). Living with non-state policing in South Africa: the issues and dilemmas. The Journal of Modern African Studies, 40(01). Baker, B. (2006). The African post-conflict policing agenda in Sierra Leone. Conflict, Security Development, 6(1), pp.25-49. Baker, B. (2010). Grasping the Nettle of Nonstate Policing. Journal of International Peacekeeping, 14(3-4), pp.276-300. Crank, J. and Giacomazzi, A. (2007). Areal policing and public perceptions in a non?urban setting: one size fits one. Policing: An International Journal of Police Strategies Management, 30(1), pp.108-131. Gill, P. (1994). Policing politics. London: F. Cass. Hallsworth, S. and Lea, J. (2011). Reconstructing Leviathan: Emerging contours of the security state.Theoretical Criminology, 15(2), pp.141-157. Johnston, L. and Shearing, C. (2003). Governing security. London: Routledge. Wood, J. and Shearing, C. (2007). Imagining security. Cullompton: Willan. ZIMBABWE: Security Sector Reform Deadlock. (2011). Africa Research Bulletin: Political, Social and Cultural Series, 48(7), pp.18921C-18923C. How to cite Policing in Angola, Essay examples

Monday, May 4, 2020

Company Accounting McCarthy’s Cafes Ltd

Question: Discusss about theCompany Accounting for McCarthys Cafes Ltd. Answer: To, Mary McCarthy Managing Director, McCarthys Cafes Ltd, Suite 6889, Level 18, Cafe Plaza Building, 685 Charles Street, Adelaide SA 5000 Respected Madam, At first I would like to thank you for asking us to assist you in the process of making decision regarding various relevant sources that would guide the accounting team of the firm McCarthys Cafes Ltd. It has been found that there are various problems that are related to the financial condition of the firm Piper, Pepper and Associates. In this regard, the computation of the depreciation and the asset valuation are considered as the significant issues that pose a threat to the particular business regarding its sustainability in the present competitive market. The financial statement preparation is based on the guidelines of accounting that are ubiquitous at the particular point of time (Leo, Hoggett Sweeting, 2012). Additionally, any other inconsistencies that exist in the present policies of accounting might be determined and might have an influence on the businesss various financial strategies. A detailed study of the financial condition of the firm is mandatory in order to determine the significant financial strategies for development of the business venture (Vanderhoof Altman, 2013). Moreover, the present market share and the type of industry to which the firm belongs to is considered a vital factor as these help the organization to develop various financial strategies based on the condition of both home and international market (Needles, Powers Crosson, 2013). The financial policies are required to prepare the policies of the business and it has been found that the particular firm had obtained a business segment of Karens Coffees Ltd for $950000. Nevertheless, the book value was recorded as $650000 for the total transaction. Therefore, this inequality in measuring the assets should be rectified in the annual reports of the firm in order to reflect the proper financial situation of the organization. It has been found that McCarthys Cafes Ltd proposes to bridge up this gap in the book as goodwill. However, the valuation of intangible properties (such as goodwill) should be treated in an accurate way in order to assess the relevant financial situation of the organization. Generally, intangible assets are considered as a vital component of financial policies (Singh, 2014). Therefore, these assets should be measured and accounted separately for the operational policies of the business. The economic value of properties for a particular period ha s to be assessed with the aim to measure the value of the intangible assets of the firm (Christensen, Baker Cottrell, 2014). In addition to this, the increase in the goodwill is not involved in the assets as it is stated in the AASB 138, in the paragraph 48 that the goodwill that has been generated internally should not be considered as the property in the financial statements. The valuation of the firm is measured on the basis of the condition of the external market environment, which includes spontaneous creation, volatility and the issues regarding re-enforcement and protection (Predko, 2015). Thus, business analysts play a vital role in an organization as he can relate the exchange between estate owners and gift tax purposes. On the basis of the financial condition of the firm, its marketing and operational policies are generally determined (Christensen, Glover Wood, 2013). Thus, business transactions are considered as goodwill and it has an influence on both the marketing and operational policies (Bierstaker, Janvrin Lowe, 2014). The intangible assets value should be evaluated in a proper way to evaluate the value of original assets accurately. It has been noted that intangible assets are mainly documented in the financial statements only if it brings economic advantages to the organization (Christensen, Glover Wood, 2013). As per AASB 116, paragraph 15, it can be said that any plant, property and equipment (PPE) that gets qualified for the recognition criteria of a property should be considered at its cost. On the other hand, AASB 116, paragraph 29 states that a business is eligible is to select either the revaluation model or cost model as the accounting policy and the whole class of PPE should be implemented with the policy. According to paragraph 36, PPE should be revalued and not just one asset. However, I am afraid that this gain might not be considered as the sales revenue. According to AASB 116, paragraph 39, the gain is not considered within the sales revenue. Additionally, if the carrying value of assets is increased due to revaluation, the increased amount is mentioned in the comprehensive income and is collected in equity under the revaluation surplus. The operational policies of business should be restructured to evaluate the various issues of an organization (Hribar, Kravet Wilson, 2014). On the other hand, the revised budget and profit and loss statement imply that it fall short by 10 to 15%. Thus the value of land should be revised to meet the present value of the firm. For bridging this gap, profits of the firm have been raised to $2500000. The revised budget will help the firm to allocate accurate costs for its operations and this will help to set organizational goals (Needles, Powers Crosson, 2013). For the particular firm, the assets and liabilities should be revaluated for assessing its pertinent value. The firms balance sheet and income statement should be prepared based on the recognition criteria of the Australian Accounting Standard Board (Messier, 2014). Therefore, internal auditing, which is considered as an efficient financial instrument should be implemented within the firm. This will help to prevent financial irregularities and will also abolish the wastage of financial resources. The firm should focus mainly on the development of effective forecasting policies for the firm (Hribar, Kravet Wilson, 2014). This will help to protect the business from any kind of financial crisis. The assessment of the depreciation on the machinery is a major problem as it damages the firms financial processes. The depreciation rate has been recorded as 2% in context of 20%, whereas, the rate of building depreciation is recorded as 0.5% instead of 5% in the books of accounts. It has been analyzed that the present rates of depreciations that are followed in the firm has been much lower than the original rate of depreciation that has been accepted by the firm (Needles, Powers Crosson, 2013). The depreciation on machinery is considered as an important part of the firms financial policies. Thus, the business has to opt one from the marketing strategies of business and accounting for depreciation. In order to assess the proper costs of depreciation, the firm can select any one among both the methods of depreciation straight line and written down method (Bierstaker, Janvrin Lowe, 2014). Therefore, it can be said that implication of proper financial policies helps a business to re move all its discrepancies from its operational policies. Moreover, the measurement method of the firm should be shifted to the method of fair value in order to assess the present market condition based on the present value of the assets. Treatment of errors: When any error is identified within the financial report, the most important thing is to assess the errors materiality prior to the treatment as the material errors are only needed to be adjusted in the earlier financial reports. As per the AASB 108, paragraph 5, an item is counted as a material, only if the misstatement of the particular item influences the decision making skills on the basis of the financial statements. The particular firm can also follow the guidelines that are provided in the AASB 108 in order to identify the materiality by comparing the pre-determined base amount with the error percentage. At the time, when this percentage is greater than 10%, error is counted as material and if it less than 5%, then it is considered as immaterial. On the basis of the errors nature, fair judgment should be applied in order to determine materiality. The journal entries are required to be structured in a proper way and should also be adjusted accordingly and accurately as this will help to diminish the gap in between the depreciations of various accounts (Hribar, Kravet Wilson, 2014). Additionally, by rectifying the journal entries, the adjustments in the books of accounts can also be done that help the firm to run in right direction. In case of computer systems, the life span has been miscalculated that resulted into financial inconsistencies. Therefore, the firm should e-calculate the life span of all the assets in order to get accurate and relevant data. On the basis of the provided information related to third issue, the error would result into an overstatement of property as an amount of accounts receivable, which should be significantly higher. For a material error, a retrospective restatement should be implemented for error of earlier period. However, if the retrospective adjustments are not applicable, then the changes should be done in future accurately. Thus, the organization should take some measures and should also develop some strategies both marketing and operational to decrease its discrepancies and to identify the depreciation amount of the assets (Needles, Powers Crosson, 2013). The additional amount at the end of three years should be replaced for developing accurate financial policies. Moreover, the transformation of the firm from proprietary to public company might also affect the financial and operational policies of the firm, along with these; legal complexities might also occur (Christensen, Glover Wood, 2013). Thus, adequate resources and time is required for running the business successfully (Bierstaker, Janvrin Lowe, 2014). Therefore, it can be said that the particular business organization McCarthys Cafes Ltd might require sufficient amount of financial resources in order to meet the working capital or the daily expenses for operating the business effectively and efficiently. Lastly, I would again like to thank you for asking help from our organization. We will look forward to continue working with your company. Regards Peter Senior Manager, Piper, Pepper and Associates 59889, George Street, Unley, SA 5061 References Bierstaker, J., Janvrin, D., Lowe, D. J. (2014). What factors influence auditors' use of computer-assisted audit techniques?.Advances in Accounting,30(1), 67-74. Christensen, B. E., Glover, S. M., Wood, D. A. (2013). Extreme estimation uncertainty and audit assurance.Current Issues in Auditing,7(1), P36-P42. Christensen, T. E., Baker, R. E., Cottrell, D. M. (2014).Advanced Financial Accounting. The McGraw-Hill Companies, Inc. Hribar, P., Kravet, T., Wilson, R. (2014). A new measure of accounting quality.Review of Accounting Studies,19(1), 506-538. Leo, K. J., Hoggett, J., Sweeting, J. (2012).Company Accounting, Google eBook. John Wiley Sons. Messier, W. F. (2014). An approach to learning risk-based auditing.Journal of Accounting Education,32(3), 276-287. Needles, B. E., Powers, M., Crosson, S. V. (2013).Principles of accounting. Cengage Learning. Predko, I. (2015). Accounting-and-Control Support for the Companies Activity in the Context of Crisis.Accounting and Finance, (4), 61-66. Singh, M. (2014). Simplifying Private Company Accounting Standards: Understanding the Costs.CFA Institute Magazine,25(3), 51-51. Vanderhoof, I. T., Altman, E. (Eds.). (2013).The fair value of insurance liabilities(Vol. 1). Springer Science Business Media.

Saturday, March 28, 2020

Actionable Misrepresentation free essay sample

Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation. citation needed] According to Gordon v Selico (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, although not everything said or done is capable of constituting a misrepresentation. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation. [1] If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact. We will write a custom essay sample on Actionable Misrepresentation or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2] As enacted by the Misrepresentation Act,[3] the statement in question may constitute a representation even if later incorporated into the contract as a term (i. e. a warranty, condition or innominate term). An alternative approach, applied in parallel but in exclusivity to, is to find a collateral contract by interpreting the representation as a promise accompanied by some sort of consideration (see Heilbut, Symons Co. v Buckleton [1913] A. C. 30 (H. L. )). The collateral contract will have the effect of adding the representation as a term to the contract. If the representation is found to be a term then the normal remedies for breach of contract apply. [edit] Criteria for Misrepresentation Misrepresentation is one of several vitiating factors that can affect the validity of a contract. A misrepresentation occurs when one party makes a false statement, inducing another party to contract. For an action to be successful, some criteria must be met in order to prove a misrepresentation. These include: †¢ A false statement of fact has been made, †¢ The statement was directed at the suing party and †¢ The statement had acted to induce the suing party to contract. edit] Distortion of Fact A representor may make a statement which prima facie is technically true; however this may tell only half the story. If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurred. In Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563, Krakowski agreed to enter into a contract to buy a shop premises from Eurolynx as long as a strong tenant had been organised. The contract proceeded on the grounds that such a tenant had been arranged. Unbeknown to Krakowski, Eurolynx had entered into an additional agreement with the tenant to provide funds for the first three months rent to ensure the contract went ahead. When the tenant defaulted on the rent and subsequently vacated the premises, Krakowski found out about the additional agreement and rescinded the contract with Eurolynx. It was held that Eurolynx’s failure to disclose all material facts about the strong tenant was enough to constitute a misrepresentation and the contract could be rescinded on these grounds. [edit] Learned Falsity The negotiating stage of a contract can be a time consuming process. Because of this, new information may arise and circumstances may change. This can result in two situations which can result in a misrepresentation if silence is kept. The first is if the representor subsequently discovers that the statement was false, the second being if the statement becomes false at a later time. If a statement is made and it is subsequently made known to the representor that it is false, it would obviously be inequitable to allow the representor to remain silent with the new information. In Lockhart v. Osman [1981] VR 57, an agent had advertised some cattle as being â€Å"well suited for breeding purposes†. Later on it was discovered that the stock had been exposed to a contagious disease which affected the reproductive system. It was held that the agent had a duty to take remedial action and correct the representation. The failure by the agent to take such measures resulted in the contract being set aside. Should a statement be made which is true at the time, but subsequently becomes untrue due to a change in circumstances, the representor is obligated to amend the original statement. In With v O’Flanagan [1936] Ch. 575, the plaintiff entered into a contract to purchase O’Flanagan’s medical practice. During negotiations it was said that the practice produced an income of ? 2000 per year. Before the contract was signed, the practice took a downward turn and lost a significant amount of value. After the contract had been entered into the true nature of the practice was discovered and the plaintiff took action in misrepresentation. In his decision, Lord Wright said a representation made as a matter of inducement to enter into a contract is to be treated as a continuing representation. . 4] This means that the representation must be true till the contract is made; creating the obligation mentioned above and accordingly the plaintiff’s petition was successful. [edit] Special Relationships Some relationships also provide that silence can form the basis of an actionable misrepresentation. †¢ Fiduciary Relationships A fiduciary relationsh ip is one of trust and confidence; it involves one party acting for the benefit of another. For this reason, when entering into a contract, it is important for a fiduciary to disclose all facts which could be considered material even if not expressly asked about. 5] In Lowther v Lord Lowther (1806) 13 Ves Jr 95, the plaintiff handed over a picture to an agent for sale. The agent knew of the pictures true worth yet bought it for a considerably lower price. The plaintiff subsequently discovered the pictures true worth and sued to rescind the contract. It was held that the defendant was in a fiduciary relationship with the plaintiff and accordingly assumed an obligation to disclose all material facts. Accordingly the contract could be rescinded. †¢ Contracts ‘Uberrimae Fidei’ A contract uberrimae fidei is a contract of ‘utmost good faith’. Similarly to fiduciary relationships, the parties are required to make known all material facts influencing the contract. Contracts uberrimae fidei usually arise when one party has knowledge which the other does not have access to. Contracts which are commonly considered to be of such a nature include contracts of insurance and family agreements. When applying for insurance, the person or entity must disclose all material facts so that the insurer can properly assess the risk involved with the offering of insurance. Since the insurer annot have access to all information relating to the insured and their situation which could affect the risk involved, it is necessary for this disclosure so that both parties are entering into the contract on equal grounds. Lord Blackburn addressed the issue in Brownlie v Campbell (1880) 5 App Cas 925 when he noted the concealment of a material circumstance known to you avoids the policy. [6] Another contract considered uberrimae fidei is that of famil y agreements. In Gordon v Gordon (1821) 3 Swan 400, two brothers had reached an agreement regarding the family estate. The elder brother was under the impression that he was born out of wedlock and thus not their fathers true heir. The agreement was reached on this basis. The elder brother subsequently discovered that this was not the case and that the younger brother had knowledge of this during the negotiation of the settlement. The elder brother sued to set aside the agreement and was successful on the grounds that such a contract was one of uberrimae fidei and the required disclosure had not been executed. [edit] Statement of Fact It is a general requirement that for an action in misrepresentation to proceed, that the statement in question be one of present or past fact. This has its grounding in that only facts can be distinguished as being true or untrue at the time they are made. [edit] Opinion Statements of opinion are not often seen as sufficient to produce a misrepresentation. [7] Obviously it would be unreasonable to treat opinions in the same manner as truths as opinions can be based purely on personal beliefs with no additional foundation. There are however some exceptions where opinions can give rise to an action in misrepresentation: †¢ where an opinion is expressed yet this opinion is not actually held by the representor, †¢ where it is implied that the representor has facts on which to base the opinion,[8] †¢ or where one party should have known facts on which such an opinion would be based. [9] [edit] Intention and the Future Statements which are made in relation to the intention of a party or the occurrence of some event in the future do not constitute misrepresentations should they fail to eventuate. This is because at the time the statements were made they can not be categorised as either true or false. However, similarly to the first point above, an action can be brought if the intention never actually existed. This can be illustrated by the decision in Edgington v Fitzmaurice (1885) 29 Ch. D. 459, which deals with a statement of intention by the directors of a company to use loaned money to alter company buildings and make purchases to expand the company’s operating options. It was found that the directors actually intended to repay current debts and according it was held by the judges that the contract was voidable. 10] [edit] Law Statements of law were, in the past, considered to be free from claims of misrepresentation because it is equally accessible by both parties and is as much the business of the plaintiff as of [the defendants] to know what the law [is]. . [11] This has since changed and it is now more recognised that statements of law should be treated as aki n to statements of fact rather than occupy a special isolation. [12] As stated by Lord Denning the distinction between law and fact is very illusory. . [13] [edit] Statement to the Misled An action in misrepresentation can only be brought by a representee. This means that only those who were an intended party to the representation can sue. This principle can be seen in Peek v Gurney (1873) LR 6 HL 377, where the plaintiff sued the directors of a company for indemnity. The action failed because it was found that the plaintiff was not a representee (an intended party to the representation) and accordingly misrepresentation could not be a protection. It is not required that in order to be a representee, the representation must be received directly. It is sufficient that the representation was made to another party with the intention that it would be made known to a subsequent party and ultimately acted upon by them as a representee. [14] [edit] Types of misrepresentation Four types of misrepresentations are identified with different remedies available: †¢ Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly. [15] †¢ Negligent misrepresentation at common law occurs when the defendant carelessly makes a representation while having no reasonable basis to believe it to be true. This type of misrepresentation is relatively new and was introduced to allow damages in situations where neither a collateral contract nor fraud is found. It was first seen in the case of Hedley Byrne v Heller [1964] A. C. 465 where the court found that a statement made negligently that was relied upon can be actionable in tort. Lord Denning in Esso Petroleum Co Ltd v Mardon [1976] Q. B. 801 however, transported the tort into contract law, stating the rule as: if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another†¦with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable †¢ Negligent misrepresentation under Statute, enacted by the Misrepresentation Act 1967. When dealing with a negligent misrepresentation it is most lucrative[16] (joint with fraudulent misrepresentation, Contributory Negligence notwithstanding[17]) for an action to be brought under statute law as the burden of proof that is required passes to the person who made the statement. So it is for the person who made the negligent statement to prove that the statement was either not one of fact but opinion and that had reasonable ground to believe and did believe up to the time the contract was made that the facts represented were true[18] the so-called innocent defence. Innocent misrepresentation occurs when the representor had reasonable grounds for believing that his or her false statement was true. [19] Prior to Hedley Byrne, all misrepresentations that were not fraudulent were considered to be innocent. This type of representation primarily allows for a remedy of rescission, the purpose of which is put the parties back into a position as if the contract had never taken pla ce. Section 2(2) Misrepresentation Act 1967, however, allows for damages to be awarded in lieu of rescission if the court deems it equitable to do so. This is judged on both the nature of the innocent misrepresentation and the losses suffered by the claimant from it. [edit] Misrepresentation (in India under IPC section-90) In India, the federal laws defines misrepresentation under Misconception Of Fact. This is dealt with under the Indian Penal Code in Section 90, which states: Consent given firstly under fear of injury, and secondly under a misconception of fact, is not consent at all. That is what is explained in the first part of Section 90. There are two grounds specified in Section 90 which are analogous to coercion and mistake of fact which are the familiar grounds that can vitiate a transaction under the jurisprudence of India and other countries. The factors set out in first part of Section 90 are from the point of view of the victim; the second part of Section 90 enacts the corresponding provision from the point of view of the accused. It envisages that the accused has knowledge of or reason to believe that the consent was given by the victim in consequence of fear of injury or misconception of fact. Thus the second part lays emphasis on the knowledge or reasonable belief of the person who obtains the tainted consent. The requirements of both parts should be cumulatively satisfied. In other words, the Court has to determine whether the person giving the consent has done so under fear or misconception of fact; the court should also be satisfied that the person doing the act (i. e. the alleged offender) is conscious of the fact or should have reason to think that but for the fear or misconception, the consent would not have been given. This is the scheme of Section 90 which is couched in negative terminology. edit] Remedies [edit] Rescission Main article: Rescission Generally, the effect of misrepresentation is that it makes the contract voidable not void ab initio. This is important for two reasons. Firstly because the representee can continue to be bound by the contract at his or her will. Secondly because the transactions and effects of the (voided) contract are recognised as to have taken place, therefore if a party transfers title of property to a third party of which the former only holds title to pursuant to the voided contract, the third party can retain legal title. 20] Rescission can be done either by informing the representor or by requesting an order from the court. There are certain circumstances where rescission is not possible though. The idea behind rescission is that the parties are restored to the positions they were before entering into the contract. Therefore, if this is not possible, rescission is not an option. [21] If the representee discovers the misrepresentation and fails to take steps to avoid the contract, then he may not be able to rescind it. [22] The time limit for taking such steps varies depending on the type of misrepresentation. In cases of fraudulent misrepresentation, the time limit runs until when the misrepresentation ought to have been discovered, whereas in innocent misrepresentation, the right to rescission may lapse even before the representee can reasonably be expected to know about it. [23] In certain circumstances, third party rights may interfere with rescission and render it impossible. For example, if B contracts with A to sell a house with a misrepresentation and then A sells the house to C, the courts are not likely to permit rescission as that would require C to give up the house. In England and Wales, under Misrepresentations Act 1967 s. 2(2) of the Misrepresentation Act 1967, the court has the discretion to award damages instead of rescission. [edit] Damages In cases of fraudulent misrepresentation, a claim for damages is under the tort of deceit, making the damages tortious, in other words, only actual losses are recoverable. If the losses are calculated under the Misrepresentation Act 1967, damages for misrepresentation are calculated as if the defendant had been fraudulent, even if he has been only negligent. This is a wider scope than usual tortious liability, as it protects the claimants loss even if not reasonably foreseeable. Inclusion of the representation into the contract as a term will leave the remedy for breach in damages as a common law right. The difference is that damages for misrepresentation usually reflect Cs reliance interest, whereas damages for breach of contract protect Cs expectation interest, although the rules on mitigation will apply in the latter case. In certain cases though, the courts have awarded damages for loss of profit, basing it on loss of opportunity.

Saturday, March 7, 2020

101 Argument Peer Review Professor Ramos Blog

101 Argument Peer Review Elevator Pitch Elevator Pitch Imagine you have one minute to present yourself and your ideas to someone who can implement your solution or make a change. What would you say in that one minute elevator ride to convince this person that your ideas are worthy of attention. You have ten floors to make a compelling case. Take a few minutes to figure out how to make your proposal professional, succinct, and interesting. Then, write it down. Today we will be peer reviewing the Solution Argument essay. Introductions Writing Effective Introductions Introductions are very important. The link above has some great examples and explanations for writing introductions. Much like an elevator pitch, an introduction has to make a good impression, grab your reader’s interest, and make them want to keep reading. Take the elevator pitch you just wrote and figure out how to work it into your introduction. The elevator pitch can work as the intro, or add to your intro, to make a case for reading the rest of the essay. Revise Using the Templates Starting on page 139, go through the questions looking at your own essay. Peer Editing Check their citations. Do they look correct? Are they missing any citations? Peer edit the same way you revise your own work.  Pay attention to global issues first. Don’t worry about grammar or sentence structure yet. Focus on improving and clarifying the ideas. Be specific in identifying problems or opportunities.  Explain what the problem you see if. Avoid vague language like â€Å"awkward.† Explain what it is that is awkward and give suggestions for how to improve. Offer suggestions for improvement.  If they are not mentioning a major counterargument, suggest it for them to address. If a point is unclear, explain how they can clarify it. Praise what is genuinely good in the paper.  No false praise. If you like a particular point or passage, let them know. Use proofreading symbols, if you know them. Otherwise, mark up the paper directly so that they will have a reference from which to revise their work. Keep comments tactful.  Treat other’s work as you would like to have your efforts treated. Stay on topic and don’t be mean or harsh, that is not productive. Class Review In groups of 4, come up with a list of the most helpful lessons, classes, readings, etc. from the course and why. Make a list of four or five and explain why. We will share these. 10 minutes to come up with the list.

Wednesday, February 19, 2020

Leadership Competency Models Research Paper Example | Topics and Well Written Essays - 750 words

Leadership Competency Models - Research Paper Example Greater inclination towards some traits than others reduces all-roundedness. The perfect college president has an equal spread of these traits. Thus, the closer one is to being an all-rounded person, the more they are fit for college the presidency. A scale can be used to rank different competency levels. The competency model can be divided into specific skills and knowledge areas that determine the success of a college president. The specific skills include teamwork, professionalism and leadership skills. Financial skills, management skills and a peek into psychology are knowledge areas important for leadership (Sanghi, 2007). For the specific skills, teamwork involves being able to comfortably work with others in solving the problem. A good college president should know how to work with others since their job involves representing students in the school. He or she has to work with the students, school administration and other student leaders solve school problems. Professionalism involves acting in a professional or ethical manner when working, such as solving issues amicably rather than inciting students to demonstrate. The college president should also have leadership skills. This is the ability to lead people and having them listen to you. Some people are natural leaders, having the ability to convince people to follow them without putting in much effort. Others are complete leadership failures, with no one listening to them no matter how important their message is. A good college president should be partly defined by knowledgeable areas. These are skills acquired mostly academically, or through experience and apprenticeship.†Leadership is developed through education and experience†, where a balance of both is required (Hughes, 2012). Such include financial skills, where the leader should know how to account for money spent on school leadership projects and