Sunday, December 29, 2019
Education Is Not An Obligation - 1075 Words
Education is a privilege not an obligation. Being blessed with the opportunity to apply for college, let alone go to college, is something some kids never get to see. Getting a degree is important because it is a gift only a small portion of the population has access to. Being able to grow academically as well as spiritually, physically, and emotional are just a few of the many benefits. It is my aspiration to attend the university of my dream and be changed into a better version of myself through the process of graduation; however, before that can happen, I must decide which school is right for me. When I first started to research colleges, I came across LSU, Louisiana State University, a large school with about 26, 156 undergraduates located in Baton Rouge, Louisiana (www.collegeboard.com). Due to the fact, my family was originally from Louisiana, LSU was a household name for me. Though I was familiar with the university, I came to realize I actually knew very little about the majo rs it offered as well as many other important factoids. For instance, I was completely oblivious to their very high admission rate as well as their fairly low SAT and ACT entrance scores. While most colleges have a baseline starting point of 1300 or higher out of 1600 for SAT, most LSU applicants score between a 1100-1320 (collegeboard.com). As I did further research on Louisiana State, I discovered they offered many of the majors I am interested in. LSU has ââ¬Å"more than 235 academic field ofShow MoreRelatedEducation Is Not A Right But An Obligation2014 Words à |à 9 PagesThe statement ââ¬Å"Education is not a right but an obligationâ⬠is both correct and incorrect. Itââ¬â¢s the right of the child to receive an education but it is an obligation of the State to provide and ensure that every child has access to an equal education. The governing laws, both international and domestic, have made education a right, but the states and parties involved have the duty and resp onsibility to uphold these treaties and laws, which also makes education an essential obligation. Most governingRead MoreThe Ethical Obligations For Teachers Within Education2087 Words à |à 9 Pagesdifferent concepts surrounding the topic of education but most problematic is in regards to the aims of education within society. With several aims proposed by educational philosophers there is confusion surrounding what education is for and which type of education best suits the individual. Lewis (2015) posed that education promotes student learning and potential as well as fostering of community and self esteem within a school environment. Overall education is the defining product of good citizensRead More The Importance of Education Essay782 Words à |à 4 PagesThe Importance of Education Education has always been a crucial part of society for the past centuries. Some believe that our education is a privilege. Some believe that our education is a right. Some believe that our education is an obligation. The only obligation we might have towards education is to treat it as a privilege as well as a right, but certainly not an obligation to have an education. Education has been the basis for the success we see in our parents, our teachers, and moreRead MoreCapital Budgeting Of Florida Department Of Education1670 Words à |à 7 PagesCapital Budgeting in Florida Department of Education Introduction Capital planning and budgeting is a very vital piece in the Public Budgeting System process. It is an essential implement in the financial management practice and is effective in both public and private organizations. It is the method which consists of the determination and the evaluation of the investments and the possible expenses by an organization. As explicate by Lee, Johnson, Joyce (2008), capital budgets help in determiningRead MoreCapital Planning And Budgeting System Process1667 Words à |à 7 Pagesof action. A budgeting system takes account of both expected (based on historical results) and actual results. Those financial associations may report to costs, revenues, cash flows and/or capital. Capital budgeting in FLDOE Florida Department of Education (FLDOE) is one of the educational agencies that always implement a capital budgeting methodology in order to appropriately accomplish all its financial activities. While the above public agency for that reason just like many other states, and localRead MoreLoan Of Student Loan Consolidation767 Words à |à 4 PagesConsolidation May Be The Response To Your Financial obligation Concern With this, the loans stay overdue for 270 days or end up being 270 days past due at any time, leading the loans to default condition. Federal student loans are more beneficial compared to personal student loans. The interests on federal loans are tax-deductible and on certain kinds of service, the student loan might be forgiven. In consolidating your student financial obligation, it is suggested not to blend the federal and personalRead MoreCensorship : The British Licensing Order Banned Any Publication Not Approved By The Censor Essay1690 Words à |à 7 Pagesapproved by the censor. In Areopagitica, Milton publicly denounces the censorship the reformed Parliament has declared. Through his political tract, Milton fervently argues that censorship limits individuals in intellectual capacity and that divine obligation requires the obliteration of censorship. Milton disputes that within a Christian ethical system, censorship restricts man from achieving spiritual growth. Additionally, Milton claims that no one has the right to censor, as God did not censor AdamRead MoreThe Ethics Of Care Framework1244 Words à |à 5 Pagesadvance to high-end universities and further provide for her family. Yet, consequentialist solutions do not acknowledge the needs of all stakeholders. The Special Education students will be at a disadvantage in the classroom, because Ms. Smith is not fully prepared to teach them. The decision to have Mrs. Miller teach solely the special education class does not allow her to meet the criteria of all four elements of care. If this solution is chosen, Mrs. Miller cannot guarantee sufficient salary to supportRead MoreSymbolism of The Boat by Alistar MacLeod1229 Words à |à 5 Pagesstill living because even though he got a university education, he now wants the life his father had. He expresses how his father always wanted him to become something bigger and better then what he became. The author, Alistair MacLeod, used many different writing techniques within this short story. The symbolism of ââ¬Å"The Boatâ⬠expresses inevitability through the little hobbies the father/husband does through his boring routine life, obligation through the father/husbandââ¬â¢s commitment as a fishermanRead MoreHealth And Safety Legislation And The Employees799 Words à |à 4 Pagesto educate employees on their obligations to conduct safe work practises under this legisl ation, including their duty of care for their personal safety and that of their peers directly affected or surrounding their work environment is placed on the PCBUââ¬â¢s. PCBUââ¬â¢s are accountable for the proper and correct training and education for their employees to not only be aware of their obligations under the legislation s, but to also to be able to comply with their obligations under the legislation. Under
Friday, December 20, 2019
Sole Trader And Limited Company Essay - 979 Words
SOLE TRADERLIMITED COMPANY JINYU ZHANG contents 1. Introduction 2. Introduction on sole traders and its format of financial statements 3. Limited companies and its format of financial statements 4. Differences between sole traders from that of limited companies in format of financial statements 5. Conclusion 1. Introduction Financial statements are very important in potential investors, management of operator and other stakeholders to make decisions in the business of a company. Different users of financial statements may have different needs of financial information. So finding a proper format of financial statement is significant. This paper will particularly discuss two business modelsââ¬â sole traders and limited companies and their format of financial statements. First, it will give a brief introduction about sole traders and the characteristics of its format of financial statements. Then it will present the characteristics of limited companies and its format of financial statements. At last, the paper will discuss the advantages and disadvantages of each format of financial statements. 2. Introduction on sole traders and its format of financial statements Sole trader can be identified as individual businesses. Sole traders can be defined as an unincorporated business that is run by solely an individual. It is also called as a ââ¬Ësole proprietorââ¬â¢ or a ââ¬Ësole practitionerââ¬â¢. In addition, simply the sole trader is not only theShow MoreRelatedThere Are Three Main Different Forms Of Business Organisations:.1410 Words à |à 6 Pagesmain different forms of business organisations: â⬠¢ Sole Trader â⬠¢ Partnership â⬠¢ Companies Sole Trader: A sole trader is an individual owner of a business. There is a risk vs reward system in place with sole trader as they reap all rewards in the form of revenue and profits but is also entirely liable for all the losses in the business. Characteristics of a sole trader: With regards to the characteristics of this business organisation, sole traders are accountable for the legal and financial elementsRead MoreHow A Successful Business Is Business1482 Words à |à 6 Pagesfail to make the right assumption of the market conditions and also produce goods and services where there is less demand. Firms are distinguished by their form of ownership. There are three types of businesses; sole trader, partnership and limited companies (public and private). A sole trader is a fairly small business owned by one individual for example a corner shop, the firmââ¬â¢s owner retains all the profits it makes but these can be taxed as income. A partnership is a business divided by two or moreRead MoreJustification for Using a Corporate Business Structure1139 Words à |à 5 Pagescorporate business structure In today s competitive business environment, your choice of corporate structure could affect your business long term success. A business entity can be structured in three ways, that being a sole trader, partnership or a company. Sole traders carry on business alone, thus leaving the owner with complete control of the enterprise and its employees, ownership of all profits, business assets and personal responsibility for all debts. It is the simplest business structureRead MoreThe Structure Of Business Organisations Essay1479 Words à |à 6 PagesThose legal structures are: sole trader,partnership,partnership with limited liability(LLP),private limited company (LtD) and public limited company (PLC). This project will explain in detail the structure of those organisations,list the documents required to set up every single one of them and will also mention about financial accounts needed to inform stakeholders about the business activities. 1) SOLE TRADER A man who has started workingRead MoreChoosing the Business Structures for Our Business962 Words à |à 4 PagesThe main 4, which we discussed and looked at, were sole traders, business partnerships, private limited companies, and public limited companies. Looking at our company we consisted of 9 people who were actually running and would own the company, so the option of being a sole trader wasnââ¬â¢t obtainable for us, as in a partnership it would have meant that there could be one owner who is running the actual company, so this didnââ¬â¢t not suit our company as we were 9 people so we had to take this option awayRead MoreMy Chosen Bussiness Legal Structure1132 Words à |à 4 PagesSOLETRADER ââ¬Ëââ¬ËA sole trader is a company started and run by one individual. ââ¬Ëââ¬â¢ [http://www.e-conomic.co.uk/accountingsystem/glossary/sole-trader] People who want to run and operate a business ,want to have a total control, prefer to work on their own or employ often just one or two employees, make all the decisions by themselves and do not want to invest much money into the business are inclined to work as a Sole trader. This business is known as a ââ¬Ëone-man businessââ¬Ë and must be registered for VATRead MoreInvestigation of the Types of Business Ownership Essay801 Words à |à 4 PagesInvestigation of the Types of Business Ownership JCC Limited is a private limited company. Other forms of business ownership include: The sole trader. This is the most common form of private sector business. This type of business has one owner who runs the business and may employ any number of people to help. Advantages of being a sole trader include the lack of legal restrictions, the sole trader is able to set up their business relatively quickly. Also all profits Read MoreLegal Structure of a Business Orgnanisation Essay1358 Words à |à 6 Pagesdistinction is that some businesses provide limited liability for any debts the business incurs. Others have unlimited liability - which obviously doesnt [IMAGE]Unincorporated Incorporated Up Arrow Callout: Sole-trader Up Arrow Callout: Partnership Up Arrow Callout: Private Limited Company (ltd) Up Arrow Callout: Public Limited Company (plc) What is a Sole-trader? (Builder/local shops/hairdresser) Sole-traders are individuals who own and operate theirRead MoreDifferent Types Of Business Structure Of A Start-Up Company1120 Words à |à 5 PagesThe type of business structure that the start-up company will decide to use will depend on a number of unique factors. This section of the document will highlight the various options available in terms of business structure and highlight the advantages and disadvantages of each one. Sole Trader This is one of the simplest ways of starting up a business. The term sole trader basically means ââ¬Å"self-employedâ⬠. Therefore the business is owned and managed by one individual. There is an emphasis to informRead MoreAn Organization Is An Arrangement Of People, Pursuing Common Goals, And Standards Of Performance Essay1098 Words à |à 5 Pagescategorized by legal structure. They are sole trader, partnershiop, private or public company, government, voluntary organisation, co-operative, charitable and not-for-profit organisations and franchise. Fashion Queen Elsa is a small business because it normally employs less than 200 people. It is a tertiary sector because it includes not only products but also services. As it is owned by one person and run by a few people, it is a sole trader. Sole Traders Sole traders are single individuals carrying on
Thursday, December 12, 2019
Business Law CLR
Question: Discuss about the case study for Business Law of CLR. Answer: Introduction The territories or the jurisdictions where the system of English common law applies, the word equity denotes that law body that emerged in the Chancery Court of England. Those Courts are now subject to administered with the common law concurrently. In the historical context, the common law of England developed principally for the administering the royal courts of the entre. The law that was administered by the Chancery Court was given the name of equity. The territories that made the inheritance of the system of common law have the difference in their treatment of the law of equity[1]. In the 20th century, there have been some systems of common law, that began to give less importance to the historical origin of the legal rules that are substantive. In the territories of Australia, England, and New Zealand, the system of equity law remains till date the distinctive body of practice by the practitioners who are specialized. The era of modern equity law makes the inclusion of the fiduci ary law, equitable estoppel, relief against forfeiture and penalties, doctrines of subrogation, marshaling, and contribution. Waltons Stores Interstate Ltd v Maher (1998) 164 CLR 387 In the case of Waltons Stores Interstate Ltd v Maher (1998) 164 CLR 387, there was negotiation on the part of Waltons with Maher regarding the factor of leasing of property, whose owner was Maher. Both the parties made the understanding that the building that was existing already in that property would be subject to demolition, and a new building is entitled to be constructed by Maher, which would be occupied by Waltons. The agreement between the two parties was done on rent and terms. The solicitors of Waltons sent a deed of the lease to Maher, and the solicitors of Maher made certain amendments in that deed and resent the same to Waltons. Maher then informed Waltons about the start of the commencement of demolition and demanded to make the completion of the lease deed quickly. Now when the building work was completed approximately 40%, Waltons declared that they do not wish to proceed with Maher. At this, Maher made a suit of law for making the enforcement of the agreement. The Court in its majority held that despite there is no formal contract that has been exchanged between the two parties; Maher was entitled to make the assumption of the exchange of contract. The Court also made the fact clear that Maher could easily rely on the principle of promissory estoppel that makes its extension to the promises or the representations or any future conduct. Promissory estoppel in the territory of Australia is liable to use either as a 'sword and a shield'. The Court held that the doctrine of promissory estoppel must be used for the purpose of providing the cause of action where any promise is made by the promisor[3]. The Court also held that the doctrine of promissory estoppel is applicable in those cases where the promisor is involved in the creation of an assumption that any contract would be in existence in the future, or there would be the performance of any promise in the future. The application of the doctrine of promissory estoppel also occurs in the eve nt where the promisee relies on his or her detriment[4]. The doctrine of promissory estoppel is applicable in the situation where the promise is unconscionable about the conduct of the promisor, to that extent that the promisor ignores the promise. In the case, there is the intervention of the principles of equity because there is unconscionable conduct on the part of Waltons to ignore such assumption. In this case, the non-exchanging of the contract does not amount to the unconscionable conduct, but there are two elements, that regarded the conduct of Waltons as unconscionable[5]. Those elements are the urgency factor and the execution of Maher by assuming that the execution by Waltons was the mere formality. In these circumstances, the Court held that Waltons was under the obligation to make the communication with Maher regarding the demolition by having reasonable certainty and time. Waltons did not communicate, and the related evidence clearly stipulated that Waltons induced and encouraged Maher to continue with demolition work[6]. Therefore, the Court held that Waltons must be estopped from deviating from its promise of completion that was implied. Commercial Bank v Amadio (1983) 151 CLR 447 In the case the defendants, which is Mr. and Mrs. Amadio were involved in making the execution of a mortgage and guarantee in favor of the Commercial Bank of Australia, the appellant. The primary purpose of the execution of such mortgage was to guarantee the debts of the company of their son named Vicenzo Amadio. It was found that their son made the control of a number of companies and seemed to be successful. It was also found out that Vicenzo was in debts and made arrangements with the manager of the local bank for sending him cheques to maintain his company. After that, the bank gave him the advice that the overdraft facility for him could be increased in case there is security provided by his parents[7]. Hence, Vicenzo approached his parents for granting guarantee for $50,000 for a period of six months. After the Amadios had made the signature on the guarantee, the Bank delivered money to their son. After the granting of the money, the financial condition of the company deteriorated, and it got liquidated. This made the Bank as the Amadios for the payment of the amount of the guarantee. When the trial was undergoing, it was found by the judge that when the Amadios made the signature on the document of guarantee, there was the belief on the part of them their liability in the guarantee agreement was limited to the amount of $50,000 and that was also for the period of six months. The Court believed that the Amadios made the signature on the representation made by their son, and they would not have signed the documents of guarantee if they knew the true effect of their signature on the guarantee documents[8]. The Court in its decision held that the relief on the ground of unconscionable conduct is applicable in those cases where any party makes the unconscientious use of the position of superiority that held by him to the detriment of any party for which he sufferers from any special disability and is in the situation of special disadvantage[9]. The Court held that there had been the special disadvantage on the part of the Amadios vis--vis the Bank made it unconscionable for the Amadios to have faith on the said guarantee. Barnes v Alderton [2008] NSWSC 107 In the territory of New South Wales, there emerged a famous case between a brother and his sister regarding the ownership of a property. The defendant made the claim that during the purchase of the disputed property his age was twenty one and the age of his sister was fifteen years. The defendant also made the statement that his father has been involved in working on the Central Coast, and the family got divided as his mother was engaged in a work at Sydney. The only person who looked upon the property was the father of the defendant and the defendant himself[10]. The defendant also claimed that they made the payment of the property dues from the joint account of him and his father. The Court in delivering its decision held that the doctrine of estoppel cannot be made applicable for the purpose of assisting any person who makes the hearing of any statement from any other person that, such person bears the intention of making him the property owner. The Court also held that such statement is neither valid nor subject to enforcement in the court as the person did not rely on that promise that was made to him. Therefore, the application if promissory estoppel got rejected by the Court. Conclusion The case studies that are discussed above can be used as examples where there are wide powers of discretion that are used or rather vested on the part of the courts to render its decisions in cases where there lies the ambiguity regarding the application of the rules of contract law. The principle or doctrine of promissory estoppel is a doctrine that is well defined, but it is still used by courts exceeding the scope of the meaning of the principle[12]. The cases that are mentioned above depicts clearly that the judges involved therein made the detailed analysis of the circumstances and the facts of the case and rendered its decision by going beyond the jurisdiction of common law. Hence, it can be said that the power of discretion refers to the personal choice of the judges. In simple terms, it means that the judges while using their discretionary power make the application of their conscience in rendering the decision in the case. Reference List Baker, Thomas A., III, John Grady and Jesse M. Rappole, 'Consent Theory as a Possible Cure for Unconscionable Terms in Student-Athlete Contracts' (2012) 22Marquette Sports Law Review619 Berman, James, 'Consumer Law: Bargaining Power - the Grey Area between Freedom of Contract and Unconscionable Conduct' (2010) 62Keeping Good Companies43 Duggan, Anthony J., 'Stolen Goods, a Cruise Disaster and a Right of Way Gone Wrong: Three Unconscionable Contracts Cases from a Law and Economics Perspective' (2004) 40Canadian Business Law Journal3 Hall, Peter M.,Unconscionable Contracts and Economic Duress(CCH Australia Limited, 1985) Johnson-Parris, Afi S., 'Felon Disenfranchisement: The Unconscionable Social Contract Breached' (2003) 89Virginia Law Review109 Ong, C. A. and Susan Leung, 'The Unconscionable Contracts Ordinance Revisited' (2001) 9Asia Pacific Law Review187 Panza, Lucy, 'The Holy Trinity: Unconscionable Contracts between Latinas and the Family, Religion, and the State' (2010) 2Georgetown Journal of Law Modern Critical Race Perspectives299 Roberts, Erica D., 'When the Storehouse is Empty, Unconscionable Contracts Abound: Why Transplant Tourism should Not be Ignored' (2009) 52Howard Law Journal747 Saunders, Helen, 'Relief from Unconscionable Contracts: The Contracts Review Act 1980 and the 'Unwritten Law'' (2007) 29Australian Bar Review290 Taylor, Jennifer Rae, 'Restoring the Bargain: Examining Post-Plea Sentence Enhancement as an Unconscionable Violation of Contract Law' (2011) 48California Western Law Review129 'Unconscionable Contracts Ordinance 1994 (Hong Kong)' (1996) 22Commonwealth Law Bulletin636 Waddams, S. M., 'Unconscionable Contracts: Competing Perspectives' (1999) 62Saskatchewan Law Review1
Subscribe to:
Posts (Atom)