Monday, May 25, 2020

Case Study Business Law I Essay - 1803 Words

Eider I. Espinosa ACCT 261 – Business Law I Prof R. Stein Fact Pattern 1 In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to. The diversity of citizenship clause stipulates that matters that involves two or more parties of varying citizenship, such as state of residency or country of origin, and who’s legal dispute is greater than seventy-five thousand dollars, will be protected and served by the United States law under the jurisdiction of the federal court. The privileges and immunities clause prohibits states from discriminating against one another’s citizens, they are not to be unprivileged from any legal protection, access to courts, or travel and property rights. Lastly the commerce clause permitsShow MoreRelatedThe Age Of Fourteen, I Became An Anomaly Essay1321 Words   |  6 PagesAt the ripe age of fourteen, I became an anomaly. An anomaly who was well-known throughout the fiercely competitive world of ballet; the girl who started ballet at fourteen, and worked so hard she was company ready by seventeen. I was the girl who international company directors from New York City Ballet, San Francisco Ballet, Royal Winnipeg Ballet, and more referred to as the â€Å"racehorse†. And with the snap of a finger, or rather, my back, it was all gone. All it took was forty-eight hours. You couldRead MoreA Business Perspective Of Management Discipline1299 Words   |  6 Pages 1. From a business perspective why is management discipline important? Compare and contrast the management discipline to medicine and law (how are these similar and how are they different - be specific in your explanations and provide examples to support your response). From a business perspective management discipline is as important as the next key factor to company success because it, â€Å"...drives the field forward† (Magretta, 9). Having discipline can help to set measurable goals, stay on trackRead MoreThe Issue Of Term, Legal Profession902 Words   |  4 Pagesyear Law student, I am learning about an overview of the legal profession; for instance, Legal method and Skills or Legal Systems that definitely influence my career in the future. After two first weeks studying, my plan future is becoming a solicitor right after I get the Law Degree. The thing that affected my prompt decision in studying Law is my motivation. Last year, I was attending to Business Law that was one of the units in my Business Diploma course. During that semester, the Business LawRead MoreEthical Issue And The Ethical Dilemma882 Words   |  4 Pagesasked to identify an ethical issue presented in the Devise Products Unlimited (DPU) case study. First we will discuss the issue and the ethical dilemma it creates. Next we will look at possible recommendations for the DPU CEO to handle this issue. The Ethical Issue First, let’s start by looking at what the ethical issue that DPU is facing. The issue that I have chosen to focus on is issue two from the case study: DPU outsources some of the manufacturing of parts to a Third World country. TheRead MoreContract Analysis: Case Study1500 Words   |  6 PagesCase Study 2: Contract Analysis Case Study 2: Contract Analysis Liberty University Business Law – BUSI561 Betzaida Aponte Abstract In the contract analysis of Case Study 2, we find what looks like a legal and ethical issue at play. This analysis will cover answers to the following questions: 1. What should you do about continuing to do business with Marshall? 2. If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damagesRead MoreImpact Of Csr On Human Rights Abuses Essay1635 Words   |  7 Pagesinitiative by Reebok in relation to the cost associated with code implementation. I contrast the initial critical findings with a Swiss case study of the Chinese textile industry, which presents evidence of effective CSR implementation due to the threefold cooperation of brands, factory managers, and employers. I then bring forth Milton Friedman’s attack on the entire notion of CSR as an illegitimate imposition against businesses. I contend that successful CSR implementation requires trilateral engagementRead MoreContract Analysis Case Study Example1025 Words   |  5 PagesContracts Analysis Case Study Abstract I will discuss throughout this case studies: If I should continue doing business with Mr. Marshall. If I decide to stop doing business with Mr. Marshall, what legal causes of action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? Also, how will this affect Mr. Marshall if I stop doing business with him, what are the potential impacts on Marshall’s continued exploration of his faith? WhatRead MoreWhat Should You Do About Continuing To Do Business With1386 Words   |  6 Pagesabout continuing to do business with Marshall? Upon reception of the fax from Marshall, in this scenario, I would have hired a lawyer. Prior to any business dealings, there was an unwritten implied contract between Marshall and I. Our business relationship started on good faith and throughout the years, honest dealings were the norm. According to Ala. Code 1975, 26-1-1. Infants and Incompetents, states the age of majority is 19. I would encourage a new method of business dealings. Kubasek et alRead MoreThe Legal Issues For Technologists1639 Words   |  7 Pagesmuch was learned. It directly tied into many of the topics that I have studied in other classes. Entrepreneurial studies and sustainability seem to be at the very core of many majors here at Arizona State University, my major is no exception. In my previous classes I have had to reflect on the materials of the class and demonstrate my knowledge of the curriculum, so that I may bring my skills to my practices in the real world. While I did have some general ideas about v arious concepts and topics coveredRead MoreBill Is Violating Two Laws : Hipaa ( Health Insurance Portability And Accountability Act ) And Contract Law1277 Words   |  6 PagesIn this case study, I would say Bill is violating two laws: HIPAA (Health Insurance Portability and Accountability Act) and Contract Law. The reason Bill was in strict violation of HIPAA was because he was disclosing personal information of trauma patients to his attorney friend Anna in exchange for compensation. Personal information or Protected Health Information (PHI) refers to any health data that relates to a patient’s medical condition, how the patient is receiving health care services,

Thursday, May 14, 2020

Islam and Diane Frost Essay example - 1483 Words

Islamophobia: Links between terrorism, Muslim and â€Å"race hate’’. By Mbalu Sillah English 101 Professor Caldwell 16 June 2011 Thesis: Millions of people from different races, nationalities and cultures around the world are united by their widespread Islamic faith. Introduction I. What is Islamaphobia? A. What cause it? B. Where it was use the most? C. Who did it affect the most? 1. Muslims 2. United State 3. Europe II. Terrorism A. September 11, 2001 B. Europe bombing 2005 III. Media A. Effect on Islamaphobia B. Spread of racism IV. Discrimination A. Muslims B. At work C. Home D. Public Places V. Conclusion A. Damage B. Effect in community†¦show more content†¦The CPS stated that at the beginning of 2005 it had dealt with 4,728 cases of â€Å"racially aggravated’’ crimes in the past 12 months; More than half of the victims were Asian, with Islam the â€Å"actual or perceived’’ religion of those attacked. The criminal attacked and insulted victims of Muslims because Muslims were view as supporters of Osama bin laden or Saddam Hussein. Muslim communities have been targeted in various forms, since the 2001 attacks either because of this or the combination of factors. Moreover, when London was bombed in July 2005, this could only mean an increase in anti-Muslim emotion and an increase in race hate against Muslims nationally. According to the Metropolitan police, religious hate crimes, mostly against Muslims, rose 6-fold in London in the three weeks after the July 2005 bombings. Many of these involve verbal abuse and minor assaults, and damage to mosques and property with a great â€Å"emotional impact’’ was also part of the report. This includes assaults, criminal damage or public order offences, and included four murders (BBC News, August 4, 2005). The independent (2 April, 2005) reported the research into the effects of september11 and the invasion of Iraq found â€Å"Islamophobic tendencies’’ filtering down into the younger generation, including school children as young as 13. Kundnani has look at the after effects on one Muslim community following the 9/11 attacks;Show MoreRelatedStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition Ne w Jersey: Prentice Hall393164 Words   |  1573 PagesUniversity of Florida Edward Fox, Wilkes University Alison Fragale, University of North Carolina at Chapel Hill Lucy Franks, Bellevue University Dean Frear, Wilkes University Jann Freed, Central College Crissie Frye, Eastern Michigan University Diane Galbraith, Slippery Rock University Carolyn Gardner, Radford University Janice Gates, Western Illinois University Ellen Kaye Gehrke, Alliant International University James Gelatt, University of Maryland University College Joe Gerard, University of

Wednesday, May 6, 2020

Marketing Structure and Pricing Decisions - 5312 Words

MARKET STRUCTURE AND PRICING DECISIONS BY ONIKOYI O. OLUWATOBI M.sc. Marketing A Presentation submitted to the department of business Administration and marketing Management and Social Sciences. In partial Fulfilment on ECONS 801 (MANAGERIAL ECONOMICS) Taught by Associate Prof. Didia P. O November, 2011 Introduction In order to maximize profits or shareholder wealth, managers must use the information that they have relating to demand and costs in order to determine strategy regarding price and output, and other variables. However, managers must also be aware of the type of market structure in which they operate, since this has important implications for strategy; this applies both to short-run decision making and to long-run†¦show more content†¦Although there are several grades, all wheat of a given grade sells for the same price in a given market. Buyers are usually not told who produced the wheat, nor do they care. If properly graded, wheat from one supplier is as good from another. Product differentiation is an important characteristic because it indicates a firm’s ability to affect price. However, products considered less desirable will be purchased only if seller is willing to accept a lower price. * Conditions of Entry and Exit Ease of entry and exit are crucial determinants of the nature of a market in the long run. When it is extremely difficult for new firms to enter, existing firms will have much greater freedom in making pricing and output decisions than if they must be concerned about new entrants who have been attracted by the lure of high profits. Consider a drug manufacturer that holds a patent that prohibits other firms from making the drug. If there are no close substitutes for the product, that firm will essentially be free from competition now and for the duration of the patent. Thus its managers can make pricing decisions without worrying about losing market share to new entrants. However, if the drug can be easily copied, and if prices are substantially above costs, new firms may enter the market. Ease of exit also affects managerial behaviour. Suppose that certain firms in a market have been earning less than the normal rate of profit, if the resources used to produce the productShow MoreRelatedPurchasing and Supply Chain Management: Pricing Decision1061 Words   |  5 PagesWeek 4 Assignment Pricing Decisions BUS 612-Advanced Project Procurement October 01, 2012 Pricing Decision One of the most important and complex decisions a firm has to make is how much to pay for its items and services. The buying professional should be able to detect easily exceptionally high prices. Thus, it is necessary to give meticulous consideration to pricing decision when buying products and services. Pricing is one of the most important decisions a marketer makes regarding a productRead MoreCollaborative Learning Community640 Words   |  3 PagesAssignments Collaborative Learning Community: Pricing Decisions 1) Within your CLC, choose a publicly traded company and identify one of its products that the group will analyze. Describe the strategic implications that would need to be considered in setting a price for that product, and determine whether the group would use a market-based pricing approach or a cost-based pricing approach to setting the product price. Explain the rationale behind choosing the pricing approach. Identify the costs that theRead MoreImplementing Pricing Strategy1015 Words   |  5 PagesRunning head: IMPLEMENTING PRICING STRATEGY Implementing Pricing Strategies Janaina Logan Strayer University Strategic Market Pricing – MKT 402 Professor Charla Session-Reed March 18, 2011 Abstract Implementing pricing strategy decisions requires properly addressing organizational issues related to how decisions are made and enforced as well as motivational issues that encourage managers to engage in more profitable behaviors. Pricing decisions are strategic and criticalRead MoreTerm Paper925 Words   |  4 PagesMarket Structure University of Phoenix Introduction When a product is produced, the company that produces that particular product falls into one of four categories: pure competition, monopolistic competition, oligopoly, and monopoly. Depending on how many companies are producing a product determines what market structure the company is labeled. Each category determines how a company will use pricing and non-pricing to advance in the economy. The United States economic market is competitiveRead MoreEconomic Analysis Section of Weight Watchers1707 Words   |  7 PagesECONOMIC ANALYSIS SECTION OF WEIGHT WATCHERS 3 Economic Analysis Section of Weight Watchers Economic Analysis Section of Weight Watchers Identify market structure Weight Watchers is a company that has been around for the last 50 years and has been developing their brand of giving out weight loss services and products that make them a leading weight management service all over the world. Weight Watchers, without a doubt the largest single player in the highly disjointed industry has over 45 yearsRead MoreHarley Davidson Case Analysis1201 Words   |  5 PagesIV. INTERNAL ENVIRONMENT: STRENGTHS AND WEAKNESSES (SWOT) A. Corporate Structure 1. How is the corporation structured at present? a) Is the decision-making authority centralized around one group or decentralized to many units? The decision-making authority is decentralized around domestic and foreign operations. b) Is the corporation organized on the basis of functions, projects, geography, or some combination of these? Read MoreFuture Analysis For Pricing Structure Essay874 Words   |  4 PagesFuture Analysis for Pricing Structure tely or scale back usage without a significant negative penalty. Implicit in this type of offering is that users have an understanding of the value per use of the offering, but have either After reflecting on Terry’s original strategy of potentially placing some of the functions of SAM in the hands of the providers on a give-a-way basis, it made me think what represented the best way to penetrate this market, while attracting initial investment for the startRead MoreValue Pricing Strategy Of Marketing897 Words   |  4 PagesValue-pricing strategy in marketing is essentially a business strategy utilized in companies to set prices and promote products based on how much benefit and usefulness customers identify a product, good, or service to have (Thibodeaux, 2016). Furthermore, value-pricing strategy is a concept of determining a price that captures a greater portion of customers and what they are willing to pay for that product or service. Moreover, it s how customers base their decisions when they intentionallyRead MoreCigna Paper1060 Words   |  5 Pagesï » ¿ Competition, Marketing Mix, and Pricing Gigs Foster HSA 305 Professor Charmaine Rhames June 3, 2013 Today, most people purchase health care insurance through their employers. Since the rise of the Obamacare and other global insurance companies have made their way to the market people are now choosing individual insurance company. Some insurance companies may offer individual or family policies or even student policies, but finding the best policies and provider depends on how wellRead MoreDhl Strategic Marketing Managment954 Words   |  4 PagesCategory: Marketing Case Summary  of DHL Worldwide Express Ali Sarrahfzadeh, DHL’s worldwide sales and marketing manager, had to present his recommendations on pricing at DHL’s annual director’s meeting.   Options: Pricing Strategy – Price leadership, charge premium prices and aim to deliver superior value-added services in all markets OR market response, setting prices independently in each country, according to customer usage patterns and competitive pressures. Pricing Structure – Weekly

Tuesday, May 5, 2020

Evolution of ATO Compliance Model †Free Samples to Students

Question: Discuss about the Evolution of ATO Compliance Model. Answer: Introduction: The present case study raises the issue relating to whether or not the sale of property can be held taxable under defined under section 6-5 of the Income tax assessment act 1997 (Barkoczy 2016). The existing issue is associated with Smith and Jones who are engaged in the business activities of development of property and also used the block of land for sheep grazing. Upon assessment, it is discovered that the business resulted in loss, which led the taxpayer to subdivide the land and selling the same. Application: The consequences of transacting in property or land will be taken into the considerations for assessment defined under several different portions of taxation law (Anderson, Dickfos and Brown 2016). There are two elements that have been taken into the considerations while determining the regimes of taxation, which is application on the disposal of sale or property or land, represents the nature of the dealings together with the taxpayers summary. According to the general rule selling of land forms the part of the trading stock or revenue asset in nature and such selling of land will be considered as the ordinary income. Conversely, if the land is disposed it is considered in the form of capital asset and the revenues that is generated from the selling of land forms the part of the capital gains tax for treatment (Brooks 2016). Division 70 of the ITAA 1997 defines that if the selling of property forms the part of business that is associated with the development then such kind of property will be considered as trading stock. Therefore, the issue that has arisen in this context is to determine whether the business activities of property is related to development (James 2016). As defined under section 995-1 of the Income Tax Assessment Act 1997 business is defined as the profession or trade carried out with the purpose of profit. As defined under the case of Ferguson v FC of T (1979) whether the business that is executed symbolizes as the subject matter related to fact. Furthermore, section 70-10 of the Income Tax Assessment Act 1997, states trading stock that is associated with the manufacturing, purchasing, acquiring or holding anything during the ordinary course of business (Braithwaite and Braithwaite 2016). As defined under the case of FC of T v St Huberts Island Pty Limited 78 land can be regarded as the part of trading stock if the same is acquired with the purpose of reselling it again (King 2016.). Hence, it forms obligatory in ascertaining the purpose of property development. On viewing the business nature, the block of land can be treated in the form of inventory. On the other hand, on evaluating the current scenario it is ascertained that the taxpayer with the objective of sheep grazing primarily used the block of land and the land was improved for that same objective. On analysing the current situation, it is understood that the particular block of land could not be treated as land that was primarily acquired with the objective of carrying trading stock (Jones 2016). It is noteworthy to denote that the land not acquired by Smith and Jones with the objective of reselling it, subsequently the land was held for that same purpose. As stated under the taxation rulings of 92/3 it lays down the guidance in determining the whether the income generated from selling of Isolated transaction should be held for assessment at the time of determining the assessable income defined under section 25 (1) of the ITAA 1936 (Long, Campbell and Kelshaw 2016). Furthermore, Para 6 of the taxation rulings 92/3 states that income that is derived from the isolated transaction should be considered as ordinary income given that the primary intention of selling such land was to derive profit during the ordinary course of business. Para 7 of the taxation rulings 92/3 provides th at the original purpose of the taxpayer should be to derive profit on the basis of facts and it should not be subjective. As defined under the Para 8 of the taxation rulings 92/3 the primary purpose of the generating profit does not need to be the ultimate reason of entering into the transaction (Morgan, Mortimer and Pinto 2016). Hence, it forms essential to possess the objective of making profit at the time of acquiring land. As defined under Para 13 of the taxation rulings 92/3 there are certain kinds of criterion that needs to be met in order to determine whether or not the isolated transaction should be taken into the considerations under the heads of ordinary income. As evident from the following case study that Smith and Jones acquired land with the objective of carrying out the objective of sheep grazing. On suffering loss in their business they undertook the decision of subdividing the block of land to generate profit. Therefore, the profit that is generated from the business activities would be considered as isolated transactions and will be included for assessment as ordinary income under sect ion 6-5 of the ITAA 1997 (Robin, Barkoczy and Woellner 2016). Conclusion: To conclude with as defined under the taxation rulings of 92/3 it is found that the business transaction of selling land will be held for assessment under the heads of isolated transaction. Therefore, the sum of income that is generated from such kinds of transaction should be treated under the heads of ordinary income under section 6-5 of the ITAA 1997. According to the Para 18 of the taxation rulings 98/1 income generated by the employer should be held under the cash basis. On the other hand, Para 20 states that earning method is the most suitable method for determining the income generated by the business (Russell 2016). Therefore, as evident from the current case accrual method of accounting must be used in the determining the taxable income. The taxation rulings of 92/18 states that bad debt should be treated in the form of deductions given that the income is included in the assessable income. according to the taxation rulings of 92/18 bad debt should not be considered for deduction if accounting for cash basis is followed (Woellner et al. 2016). On allowing the bad debt for deduction then the recovery of bad debt should be treated as taxable. Travelling to workplace from home should be regarded as private and the taxpayer cannot claim deduction for the expenditure incurred for the same. As defined under section 25-75 of the Income Tax Assessment Act 1997, an organisation cannot deduct the sum that is paid as rent and rates on the premises used for business purpose. As stated under Division 28 of the ITAA 1997, an organisation can claim for deduction for the sum paid relating to rent and rates on the premises used for business activities. Reference list: Anderson, C., Dickfos, J. and Brown, C., 2016. The Australian Taxation Office-what role does it play in anti-phoenix activity?.INSOLVENCY LAW JOURNAL,24(2), pp.127-140. Barkoczy, S., 2016. Foundations of Taxation Law 2016.OUP Catalogue. Braithwaite, V. and Braithwaite, J., 2016. Managing taxation compliance: The evolution of the ATO Compliance Model. Brooks, M., 2016.The long arm provisions of capital gain tax: An analysis of the capital gains tax consequences on the indirect disposal of immovable property by non-residents in selected African Countries(Doctoral dissertation, University of Cape Town). James, K., 2016. The Australian Taxation Office perspective on work-related travel expense deductions for academics.International Journal of Critical Accounting,8(5-6), pp.345-362. Jones, D., 2016. Capital gains tax: The rise of market value?.Taxation in Australia,51(2), p.67. King, A., 2016. Mid market focus: The new attribution tax regime for MITs: Part 2.Taxation in Australia,51(1), p.12. Long, B., Campbell, J. and Kelshaw, C., 2016. The justice lens on taxation policy in Australia.St Mark's Review, (235), p.94. Morgan, A., Mortimer, C. and Pinto, D., 2016. A practical introduction to Australian taxation law 2016. Robin BarkoczyWoellner (Stephen Murphy, Shirley Et Al), 2016.Australian Taxation Law 2016. Oxford University Press. Russell, T., 2016. Trust beneficiaries and exemptions from CGT: reflections on the Oswal litigation.Taxation in Australia,51(6), p.296. Woellner, R., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D., 2016. Australian Taxation Law 2016.OUP Catalogue.