Homosexuals in the United States Military Essay

Homosexuals and U. S military service new laws and regulations which came into effect in 1993 reflected a compromise in policy. This settlement, referred to as â€Å"don’t ask, don’t tell,† states that the existence in the armed forces of persons who reveals a tendency or plan to take on homosexual acts would produce an intolerable hazard to the high standards of morale, high-quality order and discipline, and unit solidity which are the core of military capacity. Service members are not to be asked about nor allowed to talk about their homosexuality. This negotiation in spite of the matter has remained politically controversial. Previous to the 1993 compromise, the figure of individual’s releases for homosexuality was by and large declining. From the time, the number of discharges for homosexual conduct has generally amplified until recent times. In the wake of the new 1993 laws and regulations, constitutional challenges to the former and current military policies regarding homosexuals followed. In the case of Bowers vs. Hardwick, the U. S Supreme Court Ruling said that there is no right to engage in consensual homosexual sodomy. In this case, the courts generally said that military men may be lawfully discharge for explicit homosexual conduct. Nevertheless, the legal picture was convoluted by the Court’s 2003 decision in Lawrence v. Texas which ruled against Bowers by declaring unconstitutional a Texas law that prohibited sexual acts between same sex couples. Moreover, disturbed legal questions lingered as to whether a release based exclusively on a statement that a service member is homosexual disobeys constitutional limits. For the time being, efforts to allow individuals of the same sex to marry legally materialize implausible to affect the Department of Defense (DOD) policy close to term, because such individuals are barred from serving in the military, even though court challenges are possible. For the duration of the 1992 presidential campaign, Bill Clinton promised to remove the ban on homosexuals in the U.  S armed services. Once in office, he met with massive resistance from the U. S military and its congressional allies, and by summer of 1993, the original policy proposal was dead. Instead, Congress enacted the â€Å"Don’t Ask, Don’t Tell, Don’t Pursue† policy: gays and lesbians can now serve in the military, but they are obliged to keep their sexual preference private. Challengers of the open integration of gays and lesbians have discarded many of standard justifications for excluding homosexuals from military service. For example, the Pentagon and its cronies no longer disagree that gays and lesbians are security risks because of the threat of blackmail. As a case in point, even though both the former chairman of the Joint Chiefs of Staff General Colin Powell and the famous military sociologist Charles Moskos contest the open integration of homosexuals in the military, they recognize that gays and lesbians are valuable soldiers. Discharge measures against homosexuals are packed with statements of many of these individuals’ excellent records, reliability, and commitment to their jobs. The matter is not whether gays and lesbians are good quality soldiers as individuals, but instead, the consequence of these individuals on the group. Opponents of removing all restrictions on homosexuals’ service argue that open incorporation of gays and lesbians would obstruct the development of primary group cohesion, which they say is significant to military efficiency. During the 1993 congressional trials on homosexuality in the military, both Senate and House testimony paid attention on the issue of unit cohesion. For instance, then Senator Sam Nuun, chairman of the Senate Armed Services Committee in July 1993 asked each of the 6 Joint Chiefs of Staff to discuss unit cohesion and its importance in developing combat capability. Army Chief of Staff General Gordon Sullivan answered him by saying that cohesion is developed by uniformity, by devotion to a common sense of values and behavior. The introduction into many small units of person whose open orientation and self-definition is completely opposed to the rest of the group will cause tension and disruption (Herek 1987). Senior US military officers concerned that the open integration of homosexuals would get in the way of the development of cohesion within small groups are not trusted or respected as expressed by Powell and Admiral David Jeremiah, and they added that in atmosphere of doubts, orders may not be carried out and everyday friendly gestures that encourage companionship- everyday childlike horseplay and rough-housing, a pat on the back or arm around the shoulder- become suspect, provoke fear or loathing, and annihilate group cohesion (Nowak, 1993)). Powell added that in order to win wars and battles the army needs to make cohesive groups of warriors who will bond so strongly that they are ready to go into battle and give their lives if indispensable and it is intolerable to allow anything to upset that feeling of cohesion inside the force. The disagreement about unit cohesion is based on two propositions: the first one is that primary group cohesion increases military effectiveness and second, open gay and lesbian personnel would disturb cohesion and thus military performance. According to Kier (1998) these propositions are wrong and she said that such statements do not reflect what social science research and experience have demonstrated about the relationship between cohesion and performance and the consequence of putting together previously excluded groups on primary group cohesion. Investigations of Homosexual Conduct Even if broad investigations of homosexual behavior are the exemption rather than the rule, there are noteworthy numbers of cases in which such investigations have been conducted. Based on the cases reviewed by Gosling (1993), he concluded that the immense majority of investigations that have happened have been correctly instigated, that is, an investigation has been made only after the commander had determined that there was convincing information that the member had engaged in homosexual conduct. Also, based on his findings, he was able to find out that a lot of the criticisms made about inappropriate initiation of investigations mirror a misinterpretation of the Department’s policy. In practice, plausible information has sometimes been provided to commanders in ways that service members might not have been anticipated to occur, or has been based on communications or performance that the partners, roommates, or unconnected third parties have sometimes come forward on their own to account information or proof of homosexual conduct to commanders next to the wishes of the service member in question (Nowak 1993). Photographs or in black and white communications that verifies homosexual conduct has sometimes been showed to civilians who then brought this proof to the attention of a commander, with no question having been conducted by the commander. Plausible information has also been incidentally discovered in the course of proper, entirely unrelated criminal or disciplinary investigations for a commander to initiate an investigation when information has been reported in any of these circumstances, granted that the information received is credible (Suraci, 1992). Indeed, because federal law requires that those who take on in homosexual conduct must be discharged from the military; commanders are compelled to investigate whenever they receive credible evidence of homosexual conduct. In addition, many academic institutions have ratified rules that defended homosexuals from prejudice on campus. Accordingly, colleges, universities, and even high schools have required barring military recruiters from their campuses or otherwise eliminating Reserve Officer Training Corps Programs on campus because of the DOD rule on homosexuals in the military. Simultaneously, legislation has been ratified that bars giving federal funds to campuses that obstruct entrance for military recruiters (Suraci 1992). On March 6, 2006, the Supreme Court upturned a federal appeals court verdict in Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), and endorsed the constitutionality of the Solomon Amendment, which forbids certain federal funding to higher educational institutions that refute admittance by military recruiters to their students equal to that provided to other employers. Deviance Present among sociological conceptions of deviance is an approach that concerns itself not as much of with the characteristics of the person or persons said to have despoiled a social rule than with the character of the responses of other persons to these characteristics and events. This approach, occasionally called the â€Å"labeling† approach to deviance, observes the deviant as a social creation, the result of contact sequences between labelers and labeled (Becker, 1964). The questions that are lifted by this approach thus concern the behaviors that are tagged as deviant, what the methods are by which the labels are effectively applied or avoided, and what the results of such procedures are for both labelers and labeled. Nevertheless, regardless of the highlight laid on deviance as a creation of interaction, in practice most consideration has been paid to the labeler’s role in this process (Simon 1987). The method of developing deviance appears all collective response and no deviant stimulus. This is possibly an overreaction to an overreaction. For example, one theory is spelled out as to why some people break rules and some do not in terms of what is called as commitment and for other labeling theorists, characteristics of the deviant himself are not completely unrelated (Simon 1987). The point is well taken, but for example, in some of Goffman’s writings (1961) on mental patients his employment of the concept career contingencies materializes to treat the mental patient as a pawn, subject to the vagaries of all sorts of contextual demands. As a result of the above, labeling theory also has been seen as taking the side of the underdog- that the deviant is seen as a victim of the fairly subjective measures of control agencies. He is more sinned against than sinning, as it is a matter of chance, or racial or socioeconomic factors, rather than any behavior on his part, that chooses whether he is cast as deviant. Homosexuals in the Army in Other Countries Homosexuals in the military is not just an issue faced by the United States, there are many more countries out there that have the same situation as the US. The number of countries that permit gay and lesbian soldiers to serve in the armed forces is growing and it is increasingly becoming more important to know whether official decisions with regards to the inclusion of homosexual service members in the military lead t changes in organizational performance (West 1965). Even though most members of NATO plus some nations has already permitted gay and lesbian soldiers to serve, there has still a very few empirical analysis of whether the decision to remove gay ban influences the ability of armed forces to pursue their missions. This topic has been addressed by some theoretical studies but there has been no in-depth empirical analysis on the consequences of removing gay bans (Sudnow 1965). In Canada for example, there were a handful of careful studies immediately after Canada’s 1992 decision of abolishing restrictions on gay and lesbian soldiers (Belkin, 2001). Although that was the case, long term impact of the new policy could not be known in those early studies and even the best qualitative research is only based on a few sources (West 1965). American officer, Lt Gen Calvin Waller, affirmed in 1993 that since Canada had not been caught up in armed conflict since the ban was lifted, he explained that Canada’s justification for considering the proof that has mounted up for up to eight years since the ban was removed is that senior Canadian officials foresee that altering the policy might compromise military effectiveness (Millet 1999). For this reason, the Canadian incident gives an opportunity to assess the effect of the policy change in opposition to early forecasts by senior military leaders. After discussing the historical development of homosexual personnel policy in Canada, the authors examined whether Canada’s decision to eliminate restrictions on gay and lesbian soldiers influences military efficiency (Brumett, 1981). The paper’s findings, based on a review of primary and secondary sources, as well as interviews with 29 military personnel and experts from the academic, non-governmental, and policy communities, is that Canada’s decision to lift its gay ban had no effect on military performance, eagerness, unity, or morale (Millet 1999).

The Modern Alterations of Native American Life

Modern Native American life has changed drastically from that of what it used to be. One can only imagine how incredibly hard life would have been in the late 1800s without the help of modern technology. In James Welch's book, Fool's Crow, one not only learns what the Western United States was like in the late 1800s, but can also grasp the ways of early Native Americans. Fools Crow, the main character in the book, portrays exactly what the average Indian boy of his day was like. He had strong family values, faithful religious beliefs, and knew his direction in life. Unfortunately this is not so true for most Native Americans of today. Many current Indians are suffering from poor family structure, lack of education, and loss of religious beliefs. Family structure was one of the most important aspects of life for Native Americans of the 1800s. Back then there was almost no difference between an Indian man or woman's fifth cousins and his or hers sister. Both were treated the same, and both were respected immensely. But now the family structure of Native Americans has diminished. The communication between the majority of parents to children is very slim, if any, and many young Native Americans don't even have contact with there grandparents and other extended family. In Fools Crow's generation it was very common to often have ceremonies where all members of a family were expected to attend, whether they were a grandparent or a brother. This failure of family structure in modern Indians has caused many individuals to lack security and subsidity. Education is a problem among Native Americans as well. It used to be that when a young Native American turned a certain age it was his or her duty to learn the ways of survival. For boys it was hunting and learning to provide for his future family. For the women it was learning various duties such as cooking, tanning hides, and caring for the children. Indians used to educate themselves in order to survive as a team. Each person learned to do his or her specific duty in order to prosper individually, and as a tribe or band. But now education is substantially different. It still focuses on the essentials for survival and the need for one to prosper as an individual, but it lacks what white people are learning. Teachers on reservations are often the product of poor education themselves, and have nothing to offer young Native Americans. One of the most prominent problems, however, is that reservations can't afford to hire quality teachers to educate their children. Thus, there continues to be uneducated Native Americans, which, in turn, causes this misfortunate cataclysm to continue. Another, and most important, aspect for a specific group of people to thrive, is religion. Ever since the first civilized human lived, there was religion. For most people, religion is the glue that holds their life together. It helps to provide purpose and meaning to all life. Native Americans of the 1800s, and before then, held very strongly to their beliefs. Religion was in everything they did. Whether it was planting crops or going on a big hunt, religion was the key to it. But now the Native American's religious beliefs have faded dramatically. Most of today's Indian youths no longer believe or practice the religion of their ancestors. Without religion, modern Native Americans find themselves insecure in what their purpose in life is and they often lack moral responsibility as well. The key to possibly fixing this problem is to educate young Native Americans about what their people used to believe in, and what role it played back then. With some good leadership skills and a lot of enlightening, maybe the old Indian religion will be fully restored to what it once was. In conclusion, Native American culture is rapidly being destroyed. Modern Native Americans have lost what it takes to keep a culture alive; religion, structure, and education. If Native Americans are once again going to flourish as a ethnic society, people need to do whatever they can to help build back the essential parts of Native American life.

Business Management Essays - 1108 Words

Business Management The world of business has undergone radical and dramatic changes in the last decade changes that present extraordinary challenges for the contemporary manager. A manager is an organizational member who is responsible for planning, organizing, leading, and controlling the activities of the organization so that the goals can be achieved. According to a widely referenced study by Henry Mintzberg, managers serve three primary roles: interpersonal, informational, and decision-making. Management is process of administrating and coordinating resources effectively and efficiently in an effort to achieve the goals of the organization. The concept of management within an organization typically occurs in an†¦show more content†¦Controlling is monitoring the performance of the organization, identifying deviations between planned and actual results, and taking corrective action when necessary. With all these four functions that are involved in the process of management, if all are followed correctly the organization will be properly ran and will have few complications. In every organization there are managers, and every manager is classed on different levels in terms of the skills they need and the activities they are involved in. Managers exist at various levels in the organization hierarchy. A small organization may have one layer of management, where as a large organization may have several. In most organizations there are three level of managers. The three level of managers are, first line manager, middle manager, and finally the top-level manager. Managers at different job levels have different job responsibilities and therefor require different skills. First-line managers supervise the individuals who are directly responsible for producing the organization’s product or delivering its service. They carry titles such as production supervisor, line manager, section chief, or account manager. First-line managers along with all the other managers are involved in three skills conceptual, human, and technical. In each three different levels of management, each one of theseShow MoreRelatedBusiness Marketing Management : Business Management1077 Words   |  5 PagesGross Ms. Jessica Madinger Comp 101 C 9 November 2015 Business Marketing Management Outline Business has several majors to seek, such as: Accounting, Economics, Administration, Marketing, International business, Entrepreneurship, and lastly Management. A business degree has many of opportunities. This paper is going to specifically focus on Management which you can get a minor in marketing, which would be called marketing management. 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Conflict the Basis for Latin American Change (Born in...

The expansive empires of the Aztecs and Incas, came crashing down, upon the arrival of Spaniards in the New World. The birth of colonial nations came about in the same stride that death came to indigenous populations. Modern Latin America has conflict built into its system because that is what it has mostly seen for the past five hundred years. In Born in Blood and Fire: A Concise History of Latin America, John Charles Chasteen supports the argument that Latin Americas problems developed due to its violent origins and history of conquest. From the conquest, through colonialism and revolutions, to modern day, violence has always been a main player in the advancement of Latin America. Chasteen has left me with a greater comprehension of our†¦show more content†¦Simon Bolivar and Jose San Martin would step in a few years later to end Spanish control of American affairs, but the end of colonial rule did not mean the end of conflict for the Latin nations; it merely turned into a game of musical chairs as to who would sit in the leaders seat. The problems were there to stay, as even Bolivar, a man who helped liberate five nations, said of his deeds, [I] plowed the sea [accomplishing nothing] (112). Throughout the 1800s Latin America was trying to catch up with the rest of the Western world, progressing with increased exports, manufacturing, and industrialization. These advances did not stop the internal problems of most Latin nations. With these changes, as in the rest of the world, there was a growth in urban populations and in the middle class, adding another layer in the social structure; which in turn is just another group that will vie for power, and benefits from the government (180-90). This period is characterized with a large amount of wealth being concentrated in the hands of a few, which on paper shows great economic progress in the form of a GDP number, but there was still great wealth disparity. The switch, in Latin America, from conservatives i n the early part of the 1800s, to liberals for the latter half, eventually turned to authoritarian governance; the democratic goals liberals set out to achieve were trashed for power and economic benefits, in keeping with previous generations (191).Show MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. 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Find Out Whos Worried About Writing Dissertation Service and Why You Should Care

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Determinant of systematic financial exposure - MyAssignmenthelp.com

Question: Discuss about the Determinant of systematic financial exposure. Answer: The given report aims to throw light on the impairment component and the assumptions, which have been used by AMP Limited to prepare their financial statements and conduct the impairment tests on the given assets. The report shall also elaborate on the procedures of impairment testing which are often used by the company and describes the subjectivity that will be involved in the given procedure of conducting the given test (Amiraslani, Iatridis Pope, 2013). The annual report of the chosen company has been taken for the year ended as on 31 December 2016. AML Limited is a bay area sales agency, which promotes various interior decoration products. It has a large variety of flooring products for end users, architects and various design clients. It has products like rugs, flooring equipments, furniture and other interior item (Annualreports.com, 2018). The company is established in Australia and makes use of a wide variety of experience to inculcate new ideas and experience for the given consumers. An impaired asset of a company can be defined as an asset, which has a market value less than that of the carrying value of the given asset. The assets that are most likely to get impaired are the fixed tangible assets like property, plant and equipment. Intangible assets include accounts receivable, goodwill and others (loans, retirement education, 2018). When the asset is impaired against its carrying value , the loss incurred is recorded in the income statement of the given company. After this procedure is followed, the asset reflects a reduced carrying cost and the given adjustments shall be recognized as a loss and this shall result in the reduction in the value of an asset. Assets tested for impairment As per the annual report of the given company, AML Limited for the year ended as on December 2016, the company tested the given assets for impairment- The Goodwill as well as the intangible assets have not been amortized and so it is tested for the impairment criteria annually or even frequently which means for more than 1 time in an year if there results any changes in a circumstance or if there occurs a particular event which may indicate that the asset may be required to be impaired. This shall result in the asset being carried on to the financial statement at a reduced cost in a method by which the accumulated losses are taken on the account of impairment (Amiraslani, Iatridis Pope, 2013). Other assets, which are plant, property, investors and equipment, may be tested for the impairment when there is an indication from sources that the amount they have been carrying will not be recoverable. Method of conducting the impairment test Like stated earlier, the assets except the goodwill and the intangible assets might be tested for impairment in cases where an indication is received that the carrying amount of the given asset may not be able to be recovered. However, there may arise cases whereby the intangible assets and other goodwill that are not amortized earlier may be tested for impairment annually or may be tested for more than once in a year. This may happen when any circum stance or an event indicates so (Andrews, 2012). For the assessment of impairment, the given class of assets is grouped together at their lowest levels, which can be easily identified as a separate cash inflow and are independent of cash inflows of the other classes of assets, which are the cash generating units. The non-financial assets except the goodwill one on which the impairment has been analyzed because there are certain possibilities of the reversal o the same at each date of reporting. Impairment expenditures The given company incurred the given impairment expenses for the year ended as on 31st December 2016: Financial assets-During the given period the give company AMP Limited recorded a total impairment, which amounted to $668 million on the goodwill. The total amount was incurred on goodwill itself. Assumptions and estimates used by the company for conducting impairment test AMP limited makes several assumptions and estimates, as they are extremely concerned regarding their future. The given outcomes of the accounts by definition need to be equal to the associated actual outcomes. Certain estimates and mistakes that carry considerable risks and can lead to material adjustments to the particular asset carrying the value to the next accounting year should be discussed and disclosed with the help of notes at the end of the accounts (Cotter, 2012). These judgments need to be given here as per the accounting requirements. As the market goes through an adverse condition and there occurs a continuous downturn of the market in order to assess the recoverable amount for other tangible assets and the goodwill for which the cash was generated in the company. The given recoverable amount is then calculated and computed based on the value in use. Projections of cash flows are also used for these calculations, which are based on financial forecast, which is prepared b ased on the last five years. It is measured as the given difference between the carrying amount and the present value estimated future cash flows, which have then been discounted at the original effective rate of interest (Fit, Moya Orgaz, 2013). For the calculation of value-in use, the assumptions are as follows: EBITDA/Sales margin Discount rates Growth rates using the extrapolate flows of cash beyond the period of forecast Subjectivity involved in the process of impairment testing As per the accounting rule IAS 36 on the Impairment of assets it is generally perceived that it is a standard in the IFRS and demands that the subjective interpretation can be adaptable with regard to the given managerial requirements and also does not limit the creative accounting. It can be reflected from the annual report of AMP Limited that there is a lot of involvement of subjectivity in the given statement while the management was under the process of carrying out the impairment test (Ifrs.org, 2018). This could be done because the management had the given opportunity to exploit their discretion and they carried out the goodwill impairment test in an opportunistic manner. This is further proved by the fact that the allocation of goodwill and the computation of the recoverable amount when there does not exist any availability of the active prices, as the given goodwill is a subject of discretion. Interesting, surprising, difficult or confusing part to understand impairment testing After analysing the assessment, which was undertaken it could be, recognized that, the most difficult part of the given assessment was the indication of the impairment. As it is as a stated fact that the indication depends on a wide variety of internal as well as external factors (Carlin Finch, 2011). The frequency at which the impairment test may be conducted may depend on the discretion of the management (Jennings Marques, 2013). Hence, it is believed that there are chances that the management will carry out the test by analysing the opportunity in a case where there is a value downturn. New insights regarding conducting the impairment Impairment loss is often calculated as the difference between the carrying amount of the given asset and the recoverable amount of the given asset. The recoverable amount, which is present, is higher among the value in use and the fair value of the required asset is reduced by the given disposable cost (Carlin, Finch Laili, 2009). The determination of the fait value is done using a sales agreement or the provided value of the asset in the given active market in which the asset is traded on the information about the availability of the asset is received (Md Khokan ,Sheikh Mollik, 2014). The value in use as per IAS 36 is the present value of cash glows, which can be received from the asset. Fair value measurement As per the IFRS 13, fair value is determined with the help of- Sales agreement The availability of the best information to reveal the given amount at which the company is going to sell the highlighted asset The market value of the asset. Reason why the former accounting standards does not reflect the economic reality Nearly 50% of the companies who make the use of the GAAP or the IFRS have been affected by the changes in accounting rules. The status currently states that the companies who tend to follow the US GAAP or the IFRS have certain commitments and their given leased assets come up to around 3.3 trillion (Carlin Finch, 2010). Out of these figures, there are 85% of companies who have stated that they do not report in their balance sheet as they treat these figures as operating leases. In order to compensate this, the investors in hand generally take care of the estimates, which are inconsistent and incomparable (Lee Hooy, 2013). Hence, the statement has been given that the former accounting standards do not reflect the reality. Reasons why under the previous accounting standards the lease liabilities of the reporting entities in the balance sheet were 66 times more than the reported debts under the balance sheet According to the previous accounting standards, the companies only tend to report around 85% of their lease agreements, which was classified under the operating lease segment. They do not reflect this on the balance sheet as they created actual liabilities. This resulted in a number of companies going bankrupt during the financial crises period because they were unable to adjust to the economic reality on time (Rennekamp, Rupar Seybert, 2014). They had certain commitments to the long-term operating leases, as their balance sheets were quite lean. Hence, the given lease liabilities in the balance sheets were 66 times more when compared to the debt of the balance sheet. Reasons why the Chairperson of IASB is in the view that under the previous accounting standard no level playing field was there among some airline entities Comparability cannot be done using the former accounting systems. The airline industries tend to use the leases under operating leases and tend to not record it under the balance sheet. Due to this reason, an airline company whose whole fleet is under rent accounts will differ from the one who purchase their fleets even though the financial obligations of the airline companies are almost the same (Ramanna Watts, 2012).For this reason, there will be no level playing field among the given airline companies . As the new standard will be introduced, all these leases will be taken as assets and the lessees will account as a liability. With this, the problem is expected to be resolved. Reasons why the Chairperson is in the view that the new standard will not be popular with everyone As the new standard will be introduced, it is expected that it will almost every company will be affected by the new standard. The changes that will occur are always controversial and hence, they might not be popular among all. The given changes will be brought about in the income statement as well as the balance sheet. Hence, it is believed that these changes will have bigger impacts (Marshall, 2016). Due to these statements, all departments of a business will be affected and they need to change their process to abide by the new accounting standard. Possibilities that the new visibility with regard to all the leases will result into better informed decision for investment With the given changes in the former accounting standards, the companies shall be treating the leases in a new manner. With the given change the investors shall be able to have an entire picture of the company`s financial position at once and this reflects transparency. They can even compare between different companies and invest accurately. The update of the IFRS 16 will outweigh the costs and result in better decisions. References Amiraslani, H., Iatridis, G.E. Pope, P.F. (2013). Accounting for asset impairment.London: Cass Business School. Amiraslani, H., Iatridis, G.E. Pope, P.F. (2013).Accounting for asset impairment: a test for IFRS compliance across Europe. Centre for Financial Analysis and Reporting Research (CeFARR). Andrews, R. (2012). Fair Value, earnings management and asset impairment: The impact of a change in the regulatory environment.Procedia Economics and Finance,2, pp.16-25. Annualreports.com. (2018).Annualreports.com. Retrieved 23 January 2018, from https://www.annualreports.com/HostedData/AnnualReports/PDF/OTC_AMLTY_2016.pdf Carlin, T.M. Finch, N. (2010), Resisting compliance with IFRS goodwill accounting and reporting disclosures evidence from Australia, Journal of Accounting Organizational Change, Vol. 6 No. 2, pp. 260-280. [Google Scholar] [Link] [Infotrieve] Carlin, T.M. Finch, N. (2011), Goodwill impairment testing under IFRS: a false impossible shore?, Pacific Accounting Review, Vol. 23 No. 3, pp. 368-392. [Google Scholar] [Link] [Infotrieve] Carlin, T.M., Finch, N. Laili, N.H. (2009), Goodwill accounting in Malaysia and the transition to IFRS a compliance assessment of large first year adopters, Journal of Financial Reporting Accounting, Vol. 7 No. 1, pp. 75-104. [Google Scholar] [Link] [Infotrieve] Cotter, D. (2012).Advanced financial reporting: A complete guide to IFRS. Financial Times/Prentice Hall. Fit, M.., Moya, S. Orgaz, N. (2013). Considering the effects of operating lease capitalization on key financial ratios.Spanish Journal of Finance and Accounting/Revista Espaola de Financiacin y Contabilidad,42(159), pp.341-369. Ifrs.org. (2018). IFRS. [online] Available at: https://www.ifrs.org/ [Accessed 23 Jan. 2018]. Jennings, R. Marques, A. (2013). Amortized cost for operating lease assets.Accounting Horizons,27(1), pp.51-74. Lee, C.H. Hooy, C.W. (2013). Determinants of systematic financial risk exposures of airlines in North America, Europe and Asia.Journal of Air Transport Management,24, pp.31-35. loans, H., retirement, S., education, N. (2018).Bank Accounts, Super, Insurance Home Loans - AMP.Amp.com.au. Retrieved 23 January 2018, from https://www.amp.com.au/ Marshall, D. (2016).Accounting: What the numbers mean. McGraw-Hill Higher Education. Md Khokan Bepari, Sheikh F. Rahman Abu Taher Mollik. (2014) Firms' compliance with the disclosure requirements of IFRS for goodwill impairment testing: Effect of the global financial crisis and other firm characteristics, Journal of Accounting Organizational Change, Vol. 10 Issue: 1, pp.116149, https://doi.org/10.1108/JAOC-02-2011-0008 Ramanna, K. Watts, R.L. (2012). Evidence on the use of unverifiable estimates in required goodwill impairment.Review of Accounting Studies,17(4), pp.749-780. Rennekamp, K., Rupar, K.K. Seybert, N. (2014). Impaired judgment: The effects of asset impairment reversibility and cognitive dissonance on future investment.The Accounting Review,90(2), pp.739-759.

Problem Based Exercise †Law an Example of the Topic Government and Law Essays by

Problem Based Exercise – Law Question One Arthur had a right not to pay for Victor's expenses amounting to $1000 as agreed since he did not honor his agreement of buying any Pro Hart landscape style painting at the auction sale. There was a contract between Arthur and Victor that stated that Arthur was to pay Victor's expenses and a fee of $1000 if Victor succeeded in acquiring a Pro Hart Landscape Style painting. A contract is an agreement between two or more persons which is intended to create legally binding obligations. The word binding is used for there are some contracts which are valid and yet they are not enforceable. For this case, according to the contract, Arthur was to pay Victor's expense of attending an auction sale and a fee of $1000 if he bought any Pro Hart landscape style painting. Need essay sample on "Problem Based Exercise Law" topic? We will write a custom essay sample specifically for you Proceed Arthur was not entitled to pay Victor the agreed some of money since he did not buy any Pro Hart landscape style painting as agreed as he instead bought one of Pro's Hart's child. Victor breached the contract. A contract may be breached by discharge or failure of one of the parties to a contract to perform his obligation under the contract. Although every breach of contract provides remedies to the innocent party, this does not necessarily discharge the contract. Thus, if a party breaks a term of contract going to its root, known as a condition, the other party will be released from his obligations under the contract, known as warranty; the innocent party will therefore not be released from performance and can only claim damages. But for this case, Arthur will only be released from his obligation under the contract. On the issue that Victor bought the painting believing to have been one of Pro Hart painting is under misrepresentation. The circumstance under which a contract, which is apparently complete and valid is vitiated are: mistake; misrepresentation; duress and undue influence. The presence of one of these factors in a contract renders the contract void or voidable. For example, a contract entered into due to a mistake of fact is void, while a contract effected by misrepresentation, duress or undue influence is voidable whereby it is set aside by one of the parties subject to certain conditions. The preliminary negotiations before a formal offer is made include statements of two kinds: those which become part of the contract, and are known as the terms of the contract and those which do not become terms of the contract, but nevertheless play an important role in including the parties entering into a contract. Such terms are known as mere representation if the representation is untrue. Misrepresentation does not render the contract void, but the party misled will be able to avoid the contract by proving that misrepresentation was of fundamental fact, not of law. A representation of law is not actionable merely because it turns out to be misleading or wrong. Where A tells B that a contract of guarantee, which subsequently proves unenforceable, B cannot sue A for fraudulent misrepresentation, as misrepresentation of law is not actionable. Misrepresentation occurs when a party to a contract is induced to contract with another by a misleading statement made by the second party. The false representation is not restricted to words, and may be made by the conduct of the parties. Misled person relies on his own judgment if the person on whom the fraud was practiced was not in actual fact deceived and acted on his own judgment, he has no legal ground to plead that he relied on the misrepresentation, even though he had been negligent. He can still get the contract set aside and claim damages. A relevant case studied is that of With vs. O'Flanagan of 1936. "In this case, With was induced to buy F's medical practice on the representation that it was worth 2000 a year. The representation was made in January, but the contract was completed in May. In the meantime, due to F's illness, his income from the practice was not more than 5 a week. It was held that the contract could have been avoided owing to F's failure to disclose the substantial reduction in his practice." As for the Arthur, he should give back the painting to the auctioneers since they misrepresented the painting to be that of Pro Harts and it actually turned out to be of his children. Question Two In the case between Carlill vs. Carbolic Smoke Ball Co. of 1893, the company had advertised for a reward of 100 to anyone who was to contract influenza after using their smoke ball for a fortnight. Mrs. Carlill won the case since she bought the smoke and used them as prescribed and still contracted influenza. In this case, Carbolic Smoke Ball Company may argue that the advertisement was merely an advertising puff but not an offer. This was merely a way of advertising for their products and wanted just to induce people to buy their product by showing them that they were willing to pay that much in anyone contracted influenza after using their product. The reward in question was a very high amount and it was unreasonable for one to believe that he would be given such amount as advertised. Question Three On the case where Hedley sold his accountancy consultancy firm, there was a contract that was entered between Hedley and Dither. For this case, both parties were to honor their promise as per the contract failure to which the defaulting party can be sued for breach of contract. A contract which was intended to creating a legally binding obligation ought to be binding, failure to which, the contract will be enforceable by a court of law. When Hedley entered into an agreement with Dither during the sale of his business, there was an intention of creating a legal relation between them. For this case, they agreed that Hedley should not practice his accounting consultancy within a radius of 300 kilometers from Clare for a period of 4 years. Hedley breached this contract since he open a similar business in Gawler, approximately 70 kilometers from Clare. For this case, he ought to have open a similar office within that radius after 4 years had expired after the sale if his business. Dither should sue him for breach of contract and he will be entitled for remedies for breach of contract. In such circumstance the court will rule on an injunction since Hedley should not start a business with a radius of 300 kilometers from Clare since he was to interfere with the business he had sold to Dither. A relevant case on injunction was that of Warner Brothers vs. Nelson of 1937. "In this case N, a film actress was contracted to work for the plaintiff for one year, agreeing not to work for anyone else during that period. She made a breach of contract and worked for a rival company. The court refused to force N to work for the plaintiff, but an injunction was granted to prevent her from working with someone else." The court will not, however enforce contract by injunction if damages are a more suitable remedy since it can always award damages in lieu of an injunction. The best remedy available to Dither is an injunction so as to restrain Hedley from putting up a similar business with a radius of 300 kilometers as per the contract. References Bohnet, I., S. Huck and B. S. Frey (1999). More Order With Less Law: On Contract Enforcement and Crowding. Mimeo. Kennedy School of Law. Harvard University. Emanuel, S. L. (2004): Fundamental of Business Law, 4th Edn, New York, Educational Publisher Emerson R. W (2003): Business Law, 5th Edn, New York, Educational Publisher Jertz, A., Miller L. R, (2004): Fundamentals of Business Law, 3rd Edn, New York, Macmillan Publisher Kronman, A.T (1985); Contract Law and the State of Nature, Journal of Law, Economics, & Organization, Vol. 1, No. 1 (spring, 1985), pp. 5-32 McKendrick, E. (2005): Contract Law: Text, Cases and Materials, Oxford: University Press Saleemi, N. A, (1992), Elements of Law, 2nd Edn, Nairobi, N.A, Saleemi Publishers Penrose, R (2005): Road to Reality: A Complete Guide to the Laws of the Universe, New York, Longman Publisher