Business Law : Page - 14

Sale of AssetsIssue The central concern based on the given factors is to highlight the relevant taxation treatment in relation with the transactions mentioned below that have been encountered by Amber (taxpayer). 1) Possible capital gains arising from chocolate shop sale and levying of CGT (Capital Gains Tax) on the same. 2) It needs to be determined if restrictive covenant related proceeds that have been derived from a separate contract wo...

Negative impact of incivility, bullying and violence on nursing professionals and the healthcare environmentIncivility, bullying and violence are one of the major issues in nursing profession that affects the performance and concentration of healthcare professionals working in the facility (Griffin & Clark, 2014). Where bullying and violence are acts that affect the person’s self-confidence and harm them physically, incivility is t...

Background and ContextSupreme powers have been provided to the company’s directors in Australia to manage the operations of the corporation through the application of s 198A of the Corporation Act 2001 (Cth)[1].  The company’s directors have full power to look after the working of the organization. However, the powers of the directors have been restricted by the rules of the both common law and statutory law in Australia the obj...

Elements of Negligence Torts Whether a successful suit for negligence can be filed by Cliff and Mary against Susan to enforce her to pay for the loss which they suffered due to Benji? Whether any defences are available for Susan against the suit for negligence? Negligence torts are not defined as deliberated actions; instead, they are referred to the failure of an individual or entity act reasonably towards another person to whom a duty...

The Proposal1. The politics surrounding the reformations of the housing tax continues to be significant issue. However, reformations in the capital gains and negative gearing along with the shift in the property tax would help in improving the affordability while simultaneously increasing the revenue of the government (Blunden, 2016). The policy of capital gains and negative gearing tax reformations takes into the account the combination of im...

Introduction to Superannuation Guarantee ActThe present case is based on the terms and role of the Superannuation Guarantee (Administration) Act regarding the appointment of employers and the employees. According to provision of section 5, the provision of the Act will apply on the commonwealth authority and deals with the employment process of the commonwealth. The term commonwealth department means anybody that has been established under P...

Duties of Directors under the Corporations Act, 2001 (Cth)There are several duties that have been mentioned for the directors of corporations by the common law, statutory law and company's constitution. The statutory duties imposed on the directors are mentioned in the Corporations Act, 2001 (Cth). In this work, the statutory and common law position of the above-mentioned directors has been discussed. In the present case, Vesna convinced th...

Case SummaryThe below case study discusses about tort law and major tort law question “Is it possible to frame an action in both trespass and negligence based on the same set of facts? If so, identify instances when trespass may be more attractive to a plaintiff? This paper discusses about the case Williams v Milotin [1957] 97 CLR 465 and major significance and implications of the decision. This case is related to trespasses and neg...

Case study 1: Sinking Ship 1. The issue in this case is if Claude, Jackie and Allison can pay dividend when the company was nearing insolvency. Similarly, if the liquidator can recover the Mercedes and $50,000 transferred by Claude? In this regard, the law provides that in case of the insolvency of a company, the director of the company is required to consider the interests of the creditors. For this purpose, the directors should help the admi...

Background of the Case The main issue of the case is to determine whether Cruisers can take any action against Donald for non-compliance of the offer or not. The subject matter of the case is based on the basic principle of acceptance and compliance of an offer. Offer is one of the main elements of contract. According to the Contract law, a contract could be regarded as valid on meeting certain requirements. Offer is a willingness of the person...

Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII)The present article comprises of the relevant acts that can followed in regard to certain specific cases. The summaries of the  five different cases are followed so as to be able to understand the particular course of action for the cases. Case 1: Dhingra v. Dhingra, 2012 ONCA 261 (CanLII) Should the public policy rule apply when the person who has committed the crime is found not crimin...

Net profits and dividend payouts a)  Dividend to be received in May 2018 (in $) =  Net profit for 2018 x share % x dividend pay-out ratio =  600000 x 15% x 75% =  67,500  Dividend to be received in May 2019 (in $) =  Net profit for 2018 x (1 + growth rate) x share % x dividend pay-out ratio =  600000 x (1 + 30%) x 15% x 75% =  87,750  Amount required in late May 2019 (in $) =  100,000...

First Amendment Guarantee of Freedom of SpeechMany of the Americans are familiar with certain parts of the First Amendments, however still most people cannot outline all of its parts. Most of the people usually are taught abound the First Amendment in either in eight grade or in high school, but the majority of the students only stop at that and never look at the constitution thereafter. It is true that many people have the knowledge about the...

Introduction to Legal Profession and CPHR Saskatchewan In the year 2013, the CPHR Saskatchewan started its operation to become a self regulated profession. The recognition as a professional and having the authority to self regulate the process to the stakeholders and association.  The main goals of the profession in Saskatchewan are to analyze the credibility of the available human resources profession and for the protection of the pub...

Causes of social injustices and inequalitiesSocial injustice and inequity have contributed significantly to technical operations failure.  The authorities at the international and national levels try to determine the primary cause of the social injustices, exclusion, and disparities. It is an issue that requires collaboration for both public and the government to achieve fairness in the society. The study will focus on the exclusion, soci...

Background of Thermomix in Australia Pty LtdThermomix in Australia Pty Ltd is a company which is situated in Australia. The main task of Thermomix in Australia Pty Ltd is that it imports the Electrical appliances of high end from a German company, Vorwerk & Co. KG. The appliances are produced by the German company in France. In Australia, Thermomix in Australia Pty Ltd sells the appliances with the help of consultants by establishing a c...

Introduction and Definition of Business LawBusiness law can be defined as a regulatory body of law responsible for the simultaneous governance of business and commerce in a standard manner.  This body of law is generally considered to be a branch of civil law which deals with the issue covered under the private law as well as public law (Beatty, Samuelson and Abril, 2018). The present study is based on assessment of given business ...

Capturing Electronic Messages Based on Capture RulesThe Unsolicited Electronic Messages Act 2007 was established with aim of prohibiting the sending of any unsolicited message which are electronic in nature and provide a legislative stop to the growing industry. The Act is all about curbing unsolicited spam emails. These can the form of any electronic media- like instant message, SMS, MMS or can find their way through nay messaging service sys...

Accounts Receivables1. Revenue for FY2017 was $34,350 million. 2. The net accounts receivables for Nike for the year ending on May 31, 2017 was $ 3,677 million. The gross accounts receivables for Nike for the year ending on May 31, 2017 was $3,696 million 3. The write off during the FY2017 for bad debts was $ 17 million while the actual bed debt expense at $ 13 million was smaller than that written off. 4. The inventory as on May 31, 2...

Case IntroductionCase name: Ford & Anor v La Forrest & Ors [2001] QSC 261 A) Case introduction: The case deals with whether the parties in the contract are legally bound by the email that they have exchanged and whether there existed a contract that bound them. The case deals with unequivocal acceptance of contract and also compromise and settlement which the court tried to understand by the offer of settlement that was in place betwe...

Explanation of items in Cash Flow Statement and Changes Over the Past YearThis report explains about the financial statement analysis, tax payment and various accounting standards and polices which have been used by the company to record the tax provisions of the company. The Australian economy and the policies of the governance have impacted on the taxation policies of the country to make the effective changes into the corporations of the cou...

Background: Chloe's Intention to set up a Meditation Studio in BurnsideChloe is a naturopath practitioner who has an intention to set up a meditation studio or a centre for meditation in the suburb of Burnside as of late, she has seen a steady increase in her business. In order to set up her business, she found a place but before entering into any agreement, she went to the Burnside Council to ensure and find out if any building work is comi...

Lockdowns and their effectiveness in maintaining orderOne of the main methods that Sergeant Baldwin applies to ensure that order and safety is maintained is through keeping the inmates on lockdown. Through this, the prisoners remain locked up in the prison cells with no ability to freely move around or outside the cell periphery. During periods that the situation becomes unmanageable, it is thus applied as a measure to fully contain the prison...

Factors to Consider When Choosing a Superannuation FundSUPERANNUATION CONTRIBUTION ANALYSIS ON DEFINED BENEFIT PLAN, TIME VALUE OF MONEY AND TAX ASPECT IN DECISION-MAKING PROCESS  Introduction;     A tertiary employee in Australian market refers to workers who offer services rather than issuance of goods. They have grouped in a sector referred to as a tertiary sector. Just like any other employee they are protected and gu...

Details of IncidentThe documentation of Max Lionel shows that the organization was founded as a sole proprietorship business. The current chart of the organization mentions the presence of the directors, the chief executive officer and the chief financial officer. This gives an idea of the fact that the organization has become a limited company, on the other hand the documents of the organization include the memorandum of the association and...