Contract Law: In the context of at least one example, when is a contract formed between the customer and the person providing such a service
In the context of at least one example (but no more than two examples) of services provided in the ‘sharing/access economy’ (such as Airbnb or UberX), when is a contract formed between the customer and the person providing such a service?
In simple terms, a contract is a legally binding agreement between two or more parties (Bagchi, 2013). Actually, this is the most important nature of the contract: it is enforceable in the courts of law. Since the basis of the contract is the initial agreement between the parties, the law provides an opportunity for justice to be done when one party to the contract tries to deviate from the contract. Some of the elements of a contract are; the offer, acceptance, capacity, intention, consideration, legality, and formality (Karsten & Sinai, 2003). The law of contract mainly originates from the doctrines of equity, substance of common law, certain statues of general application and the acts of parliament. This essay analyzes when the contract is formed between the customer and the person offering the service.
Usually, the contract begins when one party makes an offer, which is accepted by the other party that has the capacity to enter into such contract. Some necessary formalities must be followed to make the contract enforceable. In the contract formation, an offer is the unequivocal manifestation by one party to enter into a contract by the other party. For the offer to be valid under the contract terms, it must be oral, written, or implied (Patrson, Robertson, Duke, 2008). Another characteristic of the offer is that it must be definite and clear for it to be understood by both parties. Such concept of offer being clear was coined in the ruling in Scammell and Nephew Ltd v. Ouston as well as Sands v. Mutual Benefits. In these two legal cases, the judges agreed that the words that were used by the parties entering the contract was too vague and uncertain and did not meet the threshold of contract formation (Varadarajan, 2001). These two cases set a clear judicial precedence that the wording and the framing of contract needs to be clear to avoid any uncertainty in the law.
An offer can either be absolute or conditional. In contract formation, the offeror have the discretion to decide the duration of the offer (Staudenmayer, 2004). Any time before this duration elapses, it can be revoked as was established in Dickson v. Dodds. In this ruling, it was held that there was no agreement between the parties as the offer was withdrawn. Since the offeror has the freedom to prescribe the method of communication of acceptance by the offeree, the method he chooses eventually becomes a condition. The law recognizes that the offer may be general or specific (McDonald, 2011). In addition, the offer can be directed to an individual, group of persons, or even to the general public.
The law allows for the revocation of offers the eventual termination of contracts. However, the contract formation only comes to an end when the revocation has been communicated to the offeree (Schwarts & Scott, 2003). Despite the communication being made, revocation only becomes effective when the notice is received by the offeree. In the case of Byrne v. Van Tienhoven, it was established that an offer is irrevocable after the acceptance has been made…
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990)
Conduct research on the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). The full text of this case, along with numerous case briefs, commentaries, summaries, etc., may be found by simply entering the full name of the case into any major online search engine of your choosing. Alternatively, you may use Westlaw, Lexis or any other professional legal research databank in your research, however, use of such is not required. Following your research, review the following questions: • What was the ultimate numerical vote of the court? • When and how can life support be withdrawn? • How does death by refusal of treatment differ from suicide? • How does a living will work and when does it become of legal effect? • What is a health care directive and how does it work? After completing your research, summarize your answers, and, along with any other sources, if any, address and support your particular position/view on the following specific issues, and, specifically, how you would apply the Saint Leo University Core Values of Community, Respect, and Integrity into your actions. Be sure to use proper APA format for citations. 1. What are the potential foreseeable financial, psychological, and medical, yet unintended, harmful consequences to one’s family and friends in failing to provide a properly executed will and living will prior to one’s final illness and death? 2. What are the fundamental distinctions between recuperative medical care and palliative care? Who should be included in the decision to modify care from recuperative to palliative? When, if ever, is the right to refuse any and all medical care appropriate when such virtually ensures the death of the patient? 3. What professionals, medical or otherwise, should be involved in advising decisions concerning end-oflife wishes? How does euthanasia differ from a simple cessation of treatment? Who should make end of life decisions for those who are without a family member to take on such a role? 4. What measures can be taken to ensure the quality of ongoing family and social relationships, individually and as a group, to end-of-life patients? What pitfalls are to be avoided in ensuring maintenance of these relationships? What actions may be taken to ensure the spiritual and existential dimensions of the process are respected and integrated?
Intellectual gifts of various students: Case Study of Michael
Michael as a gifted student
Introduction
There is a high significant attention which has resulted from then gifted student’s research which has been done in the recent past. Such actions have been as results of then exceptional abilities which are portrayed by the student in term of their analytical thinking, besides showing a high passion in learning resulting from their intellectual ability. In this case, Michaels is a gifted student who is nine years of age and has a higher ability of perfectionists, empathetic and also, inclined towards questioning the authorities of what he thinks ought to be done. However, Michaels actions of being a gifted student do not translate him having positive behavior at any given time sometimes he behaves in a un-desirable manner which leaves many people with a lot of questions in their mind concerning his intelligence (George and Baby, 2012). When Michael was at four years of age, he seemed to be a very bored factor which made him write a very long creative story. It was aver shocking idea that his English teacher decided to forward the work to a high school teacher for more scrutiny. The high school teacher was much impressed with Michaels work and gave a positive feedback for him to continue with his work. Due to his story, when Michael Joined high school, he was taken to the ‘A’ class for English, and he was automatically placed as an ‘A’ class student for all the rest of the subjects. However, he was slow in maths, and he required significant assistance. It was prudent to identify that some gifted student might be underachievers in some other areas as evident in Michael’s Math performance. In nine years now, Michaels has progressively moved from calls to another, and he is now in class C. There are various attempts which have been used to help him reconnect with then Class to no success. He has also shown poor attempts to his attempts, homework, tests and assessments given to him by his teachers. However, his acre aspirations are to make him hit the YouTube videos, but what deters him from making then videos is his lack of self-efficacy. Despite being a gifted student Michael has portrayed characteristic of being an underachiever, as well as he has portrayed negative traits which include stubbornness, absent-mindedness and also unwilling to participate in the classroom matters where his teachers have tried with no success. This paper gives more elaboration of intellectual gifts of various students (Michael)l as well as their talents.
Part A: How learning of the Michael as a gifted student can be accessed
There are different ways which can be used to help in accessing student to help realize their strength and their weakness both in class and outside class activities. There is a big difference between gifted and bright students (Michael)l in class. It is the responsibility of the teachers to employ certain tactics which will help them realize both the strengths and the weakness of their students (Michael)l accordingly (Ibata-Arens, 2012). Various methods which can be used in assessing Michael as a gifted student like Michael include; use of the standardized tests, nominations and intelligence quotient tests. The use of these different techniques is because the gifted student falls into different categories. Also, such type of assessment helps in bringing out the difference between the bright and Michael as a gifted student. Evidently, the difference between the bright and Michael as a gifted student is that the bright student tend to be very keen to listen as a way of ensuring that they grasp all the concept which is being passed across by their various teachers, while the Michael as a gifted student tend to be very curious to know what they do not know and also ate manipulators of information which are linked to peculiar ideas. A gifted student is full of creativity while the bright student generates ideas which are of higher benefit to them and others around them. It is clear that in the English language a proficiency test will be much better for use in identifying any gifted student in the classroom. Such a proficiency test will work to inform more about the giftedness of any student in the English language (Millen, 2008). Consequently, premature attempting to access students (Michael) before they start learning the English language will work to identify who which students (Michael) are smart before having been taught. After knowing the level of understanding of each student, it is much ensuring to know where they can be placed in a gifted program.
The use of ability test helps measure the strength and weakness of the Michael as a gifted student in a given class. The ability of a student to reason non-verbally is very different from his ability to reason verbally. In such a case, Michael is administered with the nonverbal tests which include the results of what is expected of them. Nonverbal aims avoiding dependence on the English language and is also viewed as equitable techniques of identifying all then Michael as a gifted student with the weakness and their strengths combined. The use of nonverbal tests helps to ensure that all the strengths and weaknesses of the Michael as a gifted student are worked on accordingly after being identified. It is not good for a nonverbal test to be used alone rather they ought to be used along with other techniques to ensure that the Michael as a gifted student are well identified (Reyes et al., 2015). In some instances, teachers tend to administer the Stanford-Binet test which works to measure various cognitive factors linked with their IQ level. These tests include; the working memory, quantitative reasoning, Michael and general intelligence. The use of the IQ testing is of higher use in identifying Michael as a gifted student in an English Class. A measure of the IQ entails inquiring more about the student’s fluid reasoning and spatial ability. In this case, Michael will be asked to give the purpose of a house or the opposite of the word girl. However, in the case of a student who is over twelve years he or she will be asked to distinguish between poverty and misery. Any tool which is used in identifying the strength and weakness of any gifted child (Michael) ought to seek his ability in verbal skill, reading skills and critical thinking (Stamm, 2005).
The use of nominations to identify strength and weakness of the gifted student is useful where the parents give the desirable information to the teachers and through that data is collected. Such information which is collected from the parents helps in accessing the Michael as a gifted student. Both the negative and positive information is sought through the use of nominations, thus, helping teachers to access their students (Michael) much better. All the information which is useful in arousing the curiosity of the gifted student is availed (Scholarships in tertiary education, 2008). The above-discussed methods of accessing the strengths and weakness of Michael as a gifted student are of higher use in an English class. They ease teachers’ work of where to place them in different categories of student like Michael and the support they ought to receive.
Part B: How enriching Learning Takes Place
There are different enrichment or even acceleration techniques which can be used in supporting Michael as a gifted student with their English studies and also individual needs. Basically, after identifying the different strength and weaknesses of the students (Michael), there is a need to ensure that such students (Michael) are given the right support to improve on their weak areas and ensures that their performance is much better than before. Evidently, there is a high need for partnerships to be advocated for. Such a high partnership will help the stronger student help boost, the weaker ones in different areas (Pohl, 2000). A stronger partnership between then parents and teachers ought to exist as a way of helping the gifted student better their areas of studies. Through such partnership, the exceptional learners will be given better chances of catching-up with the rest of the learners in the classroom. There is a need to ensure that the on-going relationship between the parents and teachers is cultivated for it to grow and maintained for consistency of valuable information gathering which suits all the Michael as a gifted student in his day to day learning activities. When such a relation is maintained, a higher consistent flow of information linked to the Michael as a gifted student before and during the entire schooling period will be sought easily. On the other side, the Michael as a gifted student can receive a high support once all teachers and parents maintain an open communication and issues all issues which are of a higher concern of their students (Michael) in general. It is only under good care and support that the gifted student tends to develop their learning abilities as required. However, when they are not given the required support despite their gifts in education, they might not attain their desired also. Therefore, it is very necessary for the parent teacher relationship to be well maintained for the benefit of the, students (Michael).
Figure 1: Williams Model- The Anzac Legend. Source: (Williams, 1993)
According to the William’s model, the paradox can be used to help the Michael as a gifted student evaluate ideas and ensure that their reasoning is challenged to provide prove to their answer. In such a case, the gifted student will learn how to reason on their own and make a sober and sound decision which will be of greater use to them. The William models assert that the Michael as a gifted student can be helped through the use of the attribute listing which ensures that their skills of analysis are well catered for. In such case, Michael is asked to list all the attributes of properties or something to help ensure that his thinking is improved accordingly. Also, the use of analogy also helps in giving support to the gifted student as they now have the opportunity to find any similarities between different things and have the opportunity to compare one thing with another (Williams, 1993). William’s model advocates for discrepancy whereby he refers to the exploration of deficiencies in a person understanding. Under the use of discrepancy, the Michael as a gifted student are challenged to discuss what is not known or even understood. There are many provocative questions which require thoughtful consideration and work to lay more support to the Michael as a gifted student. Through the use of the Blooms taxonomy, many types of challenging questions require analysis evaluation and synthesis. Through synthesizing and evaluation of different situations, students (Michael) will have the ability to think critically and improve their gift levels.
Through laying different example of change, Michael as a gifted student will receive the required support; thus, demonstrates the dynamic nature of things and makes alternations. Support is also given to Michael as a gifted student through giving them examples of habit where they are taught more about rigidity, habit, and fixation. Under an organized random search, the Michael as a gifted student receive support whereby they are taught about a historical context from a given situation and given the go ahead to search for more suitable information to answer various questions like what a person should do or what she should have done. They are also supported in acquiring skills of search which they can use in searching for then ways that something has been before or searching for the current status of a given situation of concern. In such a case, they have more ability to look for the then cause, effect and analysis results of any given situations which they are encountering both in the classroom work or in outside class activities. Also, they are also supported in matters of tolerating any ambiguity which comes their way. Once the Michael as a gifted student face any ambiguity, they are forced to pose an open-ended questions and if need be, provide a situation puzzle assist a good technique which leads to a self-directed class learning. Additionally, the Michael as a gifted student require being given more identification which will be of a higher benefit for them to realize their potential. Once the teacher has designed good school strategies, they will have the ability to lay greater support to the Michael as a gifted student to ensure that their activities revolve around school curriculum (Williams, 1993). The identification of gifted learners has vital curriculum implications, and all need to be given more support for their gifts to be enhanced from level to another. In any given classroom setting, once the strengths and weakness of the Michael as a gifted student have been identified, it implies that teachers have to provide appropriate and maximum support to all exceptional learners. All such activities yield to support better once both the teachers and parents have a good relationship which is geared at ensuring that all learners get the bets support and consist of their performance.
All the challenges faced by the gifted student will have to be solved promptly. To ensure such activity takes place accordingly, it is prudent that support from both the teachers and the parents is offered and in the case of any issue hindering success solved promptly (Pohl, 2000). The importance of collaboration ought not to be underscored as it works to provide the required support to the Michael as a gifted student in the classroom. There is a need for ensuring that all school gifted learners have vital curriculum implications and support ought to be offered to them accordingly. Once teachers have designed and implemented enrichment programs in their curriculum, they will have the opportunity to establish special interest institutions which will lay higher support to the Michael as a gifted student. Despite having such programs, the Michael as a gifted student might require individual mentoring, which is also another form of support to them especially, in their English class. Provision of different challenges to the Michael as a gifted student might pose an increased capacity level to think and become more creative. By doing that, Michael as a gifted student will have received support to become critical thinker.
Figure 2: SOLO: Symbols, Processes; Source: (Smith, 2016)
Apart from the Williams model, the SOLO model is used in giving support to the Michael as a gifted student. The SOLO model is used in making sure that student acquires bust of the unconnected information and where information makes no sense under the pre-structural technique. Under then in-structural technique, the student identifies simple, and other obvious components of information and their thinking is tested for use in the advanced level. The SOLO model help student to make decisions, which are beyond their thinking, has now expanded to greater levels (Smith, 2016). Through the use of the SOLO model, students (Michael)l can think to greater levels. Also, they are better positioned regarding using their gifts as enough support is given to them. Consequently, through the use of the SOLO model, the gifted student have the ability to identify characters in any given narrative and give deeper meaning and explanation of their role.
Part C: Individualised Learning
Evidently, there are various methods which can be used to make sure that learning activities are geared to supporting all the learning activities done by students (Michael) in their curricula activities. The kind of support which would be given all types of Michael as a gifted student and ensure that they attain their best in learning varies depending on the profile or any category under which the given students (Michael) falls in. It is due to such a reason that parents of all the underachievers should seek help and support for their children. Also, these parents ought to ensure that they do not engage their children in powers struggles which would make them fall under the jurisdiction of home context. Whenever there is an open dialogue at any given time, then underachievers will attain a much higher support in their studies a factor which will boost their performance. Though doing that, all learning activities will be geared towards providing the required support to all students (Michael) and in their studies as well. Once any given student has committed a mistake, he or she should be held accountable for his actions. It is through doing that the right support will be offered to many students (Michael)l and ensure that they receive their reward in class as required. All important punishment ought to be minimized, and all individual encouraged once they portray any commendable ability which is positive towards what is required. Positive ability should be more encouraged as it works to ensure that students (Michael)l get their best in their academic endeavors.
Whenever there is a diagnosed testing, academic coaching, in-depth studies and academic coaching all Michael as a gifted student like Michael will receive more support in their academic endeavours leading to improved grades. The potential of many Michael as a gifted student tends to be undermined whenever there is lowering of expectations in their performance. It is right for all Michael as a gifted student to be subjected to high expectations, aiming at stimulating their resilience. Whenever the underachievers are given the opportunity to tackle the test in class from time to time, they will have improved learning abilities and have more confidence with their work as compared to before (Smith, 2016). Michael as a gifted student who are categorized to be the underachievers have to be given support through encouraging them to have a motivational speech, collaborative learning ad providing more forums to them, which will work to ensure that they attain a fluent reading ability and perfect their grammar. All the Michael as a gifted student ought to have the right to face their tutors and tackle interesting tests, which will help in opening up their brains. It is from literature class where the Michael as a gifted student have a higher level of attaining more confidence and where teachers also have the opportunity of identifying different talents in different students (Michael). Basically, literature is an interesting subject which helps Michael to develop creative writing, reading, and even analytical thinking. Whenever the strength- based assessment of the gifted student is done accordingly, it helps in making sure that their natural abilities and all the intrapersonal competencies are scrutinized. Fulfilling the Michael as a gifted student academic needs and desire should be looked upon to ensure that all gifts are properly nurtured. It is due to such a reason that teachers and parents ought to resist the urge to be preoccupied with reaping returns on their educational investments and work to ensure that the gifted student abilities are boosted.
Part D: Scaffolding learning of the Michael as a gifted student
The Scaffolding learning works to ensure that all students (Michael) are given the right support in their work, and their performance is improved from time to time. Scaffolding learning advocates for flexible grouping and includes peer support from one student to another. The teachers are required to have higher expectations of their students (Michael). Through doing that, they will have a better opportunity of encouraging their gifted student to perform well and work towards attaining the set goals. It is also the duty of the teacher to permit his student to demonstrate mastery of materials that they know and make more progress through their new materials (Lamoureux, 2016). Also, through the provision of new avenues in which the gifted student acquires the learning content, they will have the opportunity to make sense of ideas and develop their brains more and more. Once the student’s brains have developed to a greater level, they will understand the English language in a much better way than before (Tomlinson and Allan, 2000). Once will have the confidence to say that scaffolding learning of the Michael as a gifted student helps them to have a better chance of learning and demonstrating what they have learned from time to time. Based on then student instructional needs, teachers will move them from one group to another, the same way Michael was moved from group ‘A’ to groups ‘C’.
Part E: The Self-regulating learning
The gifted student can be taught to be autonomous learners through employing various tactics which will work to suit their needs. To ensure that the student becomes autonomous in their learning, there are different autonomous learning activities which can be used to make such an activity workout. Teachers use the self-regulating technique to help offer support to the gifted student through empowering them to do better and mentoring them where need be. The teachers also ensure that under self-regulating learning they accelerate and direct all the students (Michael) on what they deem ought to be done (Smith, 2016). Under the self-regulating learning, all problems based activities are well handled with all the projects well-coordinated.
Conclusion
The idea which is utilized by numerous individuals that every single talented understudy are brilliant students (Michael) is wrong. This is on account of, talented understudy may be greater in one field, yet on the other they are bad by any means. Likewise, all the under achievers who falls in the classifications of the Michael as a gifted student require higher support from both their folks and the instructors. It is extremely valuable to distinguish any underachiever and look for methods for helping them do their best in class. Instructors need to utilize the utilization of various strategies which will enhance then understudy’s execution. Like in the event of Michael, he was great in English, yet poor in Maths. It was the obligation of his educators to buckle down and guarantee that they help in enhancing his evaluations. Be that as it may, such endeavours did not respect any progress. Like this, it is not reasonable to say that every single talented understudy is brilliant in all segments of life. Talented students (Michael) are loaded with imagination while the splendid understudy creates thoughts which are of higher advantage to them and others around them. Plainly in the English dialect, a capability test will be greatly improved for use in recognizing any gifted understudy in the classroom. Such a capability test will work to educate more about the skill of a student in the English class. Fundamentally, the sort of support which would be given a wide range of students (Michael) and guarantee that they accomplish their best in learning differs relying upon the profile or any class under which the given students (Michael) falls in. It is because of such a reason, to the point that the parents of the considerable number of underachievers ought to look for help and support for their youngsters. The capability of numerous Michael as a gifted student has a tendency to be undermined at whatever point there is bringing down of desires in their execution. It is ideal for every single talented understudy to be subjected to exclusive requirements, going for empowering their strength. At whatever point the underachievers are given the chance to handle the test in class now and again, they will have enhanced learning capacities and have more trust in their work when contrasted with some time recently. This paper gives more elaboration of intellectual gifts of various students (Michael)l as well as their talent.
References
George, R., & Baby, S. P. (2012). Gifted adolescents stress: An assessment in advance to prevent related issues.Journal of Organisation and Human Behaviour, Vol. 1.No. 3, pp. 35-42
Ibata-Arens, K. (2012). Race to the future: Innovations in gifted and enrichment education in asia, and implications for the united states. Administrative Sciences,Vol. 2, No. 1, pp.1-25
Millen, G. (2008). Best practices in gifted education: An evidence-based guide. The Journal of Educational Research, Vol. 101, No. 4, pp. 255
Reyes, M. E. S., Layno, K. J. T., Castañeda, J. R.,E., Collantes, A. A., Sigua, M. A. D., & McCutcheon, L. E. (2015). Perfectionism and its relationship to the depressive feelings of gifted filipino adolescents. North American Journal of Psychology, Vol.17, No. 2, pp. 317-322
Scholarships in tertiary education. (2008). Slovenian Economic Mirror, Vol. 14, No. 1, pp. 19
Stamm, M. (2005). Highly talented and “only” an apprentice?: Selected results of a longitudinal study and its consequences for vocational research of the highly-gifted. Education & Training, Vol. 47, No. 1, pp. 53-63.
Williams, F.E. (1993). The cognitive-affective interaction model for enriching gifted programs. In J.S. Renzulli (Ed.), Systems and models for developing programs for the gifted and talented (pp. 461-484)
Pohl, M. (2000). Teaching Complex Thinking: Critical, Creative, Caring. Cheltenham, Vic.: Hawker Brownlow.
Pohl, M. (2000). Learning to Think, Thinking to Learn: Models and Strategies to Develop a Classroom Culture of Thinking. Cheltenham, Vic.: HawkerBrownlow.
Smith, S. (2016). Differentiating for Michael as a gifted student III. Some strategies to differentiate teaching & learning: 6 Thinking Hats, MI,nBloom’s, & SOLO Taxonomies. EDST4096
Tomlinson, C.A. & Allan, S.D. (2000). Leadership for differentiating schools and classrooms. Alexandria, VA: ASCD.
Smith, S. (2016). A Dynamic Differentiation Framework for Talent Enhancement: Findings from Syntheses and Teachers’ Perspectives. University of New South Wales. The Australasian Journal of Gifted Education, Vol. 24, No. 1
Smith, S. (2016). Lectorial: Differentiating for Michael as a gifted student II. Differentiating teaching & learning for Michael as a gifted student using Williams’ Differentiation Model. EDST4096
Lamoureux, K. (2016). Healing, Truth and Reconciliation. The University of Winnipec
Smith, S. (2016). Twice-or Multi-Exceptionalities: Unhiding the Talent. EDST4096
Appendix
Gagne’s Differentiated Model of Giftedness and Talent
Student Name: Student No.:
SPECIFIC CRITERIA
(-) (+)
Understanding of the question or issue and the key concepts involved· Adequacy of the response to all component parts of the question or issue
· Identified important issues/concepts/ideas relevant to case study
· Relevant assessment techniques to identify student strengths, interests & learning needs
· Differentiated teaching strategies & learning activities match case study student needs
· Matched student learning needs to relevant grouping or scaffolding techniques
· Showed how to provide opportunities for autonomous learning
· Identified support needed for the development of talent
Depth of analysis and/or critique in response to the task· Analysed/evaluated chosen techniques/strategies/theories/models from this course
· Demonstrated higher order thinking skills (e.g., analysis, synthesis, evaluation)
· Depth of thinking e.g. identified relationships between key issues/concepts
· Originality/creativity in applying chosen techniques/strategies/theories/models
Familiarity with and relevance of professional and/or research literature used to support response· Appropriateness of reading content and sources
· Referenced course text/readings/Lectorial notes/Lectorials
· Wider reading beyond the course recommendations
· Familiarity with different perspectives, issues, or concepts identified in the literature
Structure and organisation of response· Succinct introduction, logical sequencing and flow of content, concluding paragraph drawing together key outcomes of the report
· Appropriate use of technology e.g. Inspiration or other graphic software, PowerPoint/Prezi. Multi-media, Word, Data Bases, Spelling/Grammar Check, Internet searches, Endnote for referencing, UNSW Library searches, Moodle to access readings and resources
Presentation of response according to appropriate academic and linguistic conventions· Clarity of writing, such as sentence structure, paragraphing, proof reading evident, vocabulary, spelling, punctuation, word length, readability
· Use of serious, formal and academic style of writing
· Use of APA conventions in academic writing, such as quoting, paraphrasing, in-text referencing, citations, and reference list.
· Clarity of tables, figures, graphics where applicable
GENERAL COMMENTS/RECOMMENDATIONS
Essay about Business Assets
Business Assets
Introduction
For a successful operation of any business, it is important for the business owners to acquire the right kind of assets that will be used to produce goods as well as providing services. Business assets, therefore, refer to the equipment or properties that a company or business entity owns that are majorly used to run the business. For example, when one visits a bank for a business loan, they are getting the loan to assist in paying for the business assets they need to buy such as equipment, machines, furniture among others. The assets are usually listed on the firms’ balance sheet and sometimes depreciate over their useful time yet, they are expected to yield value.
Business assets are sometimes categorized into tangible; representing those that can be seen and touched, as well as intangible ones, that are hard to measure, and something that cannot necessarily be touched or felt. Business assets form an integral part of every business entity since they represent greater parts of every business budget expenditure. The assets are usually important and more valuable to the firm since they ensure that business produces high-quality products and services within the scheduled budget and time (IRS Publication 550, 2011). This makes it necessary for every business owner to understand every concept and ideas related to business assets. This paper, therefore, employs a desktop review to provide a detailed explanation of some concepts related to business assets. These concepts include the basis of assets, deposition of depreciable property, like kind exchange, convertible property as well as capitalization and repair regulations. The paper also utilizes real examples to aid in further explanation.
Basis of Assets
The basis of assets refers to the amount of capital investment in property by business for tax purposes. Companies often use their basis of assets to figure out amortization, depreciation, causality losses, depletion as well as loss or gain on the property deposition, sale or exchange. The basis of assets sometimes refers to its cost to the company. Where cost will represent the amount, the company pays for assets in debt obligation, cash and other service or property including sale taxes as well as other expenses related to purchase (IRS Publication 551, 2014). The basis of assets does not apply to other assets presented as a gift or inherited. For example, if a company owner acquired property from his father who passed on in 2010, special rules and regulations will apply in calculating tax (IRS Publication 4895, 2011). If a company purchases bonds or stocks, its basis of assets is the buying price plus any other cost such as commissions, recording as well as additional transfer fees.
If a company possesses stocks or bonds it did not buy, the firm may determine its basis of an asset from fair market value of the bonds or stocks recorded on the transfer date or sometimes by the previous holder (IRS Publication 550, 2011). It is important for any business entity to consider the determination of adjusted basis in the assets before figuring loss or gain in exchange, sale, deposition of property or before considering allowable depreciation. Some events often occur during the ownership period that increases or decreases company basis of assets thus resulting to basis being adjusted. Items such as the cost of improvement that adds the value of property often increase basis while other items such as insurance reimbursements for theft losses and allowable of depreciation often decreases the basis of the asset.
Deposition of Depreciable Property
Deposited property often refers to the value of depreciable property funds of the total asset is based on the latest valuation. It sometimes refers to a situation where the value of the group total stapled assets is relied on latest valuation in the case of security structure. According to IRS Publication 334, it occurs when a company or business dispose of business property, and either have again that is not subject to tax or have a loss that is not tax deductible. It often include the following examples, When affirm like Microsoft sell a business property for either cash or property, when a firm exchanges assets for assets, a business received rents from lease cancellation, where a business transfer assets to settle debt, where a business abandons property, or when a firm’s property is damaged, stolen, destroyed and the firm receives property of fund in payment (IRS Publication 334, 2011).
Deposited depreciable property gives the total value of the underlying property of the business or company. In other words, in may refer to the total property value of real estate investment trust. Different kinds of deposited assets exist with nontaxable exchange and like kind exchange being the most important. Nontaxable exchange means that any gain from property exchange is not taxable and cannot be deducted whereas like-kind exchange is the type of nontaxable exchange where the asset is exchanged by another asset (IRS Publication 334, 2011). Another kind is installation sale where payment is made installments, and another is the sale of business where all property of the business are subject to sale. In figuring out gain or loss for deposition of depreciable property, basis or adjusted basis may be used to call calculate amount realized.
Like Kind Exchange
A like kind Exchange refer to series of transitions or just a simple transaction that allows a business to dispose its property and acquire another replacement property without incurring a current tax expense from the sale of the first asset. It majorly involves the exchange of one firm or business for another, one real estate investment assets for another or exchange of other qualifying properties (IRS Section 1031, 2008). This type of exchange represents one of the qualified tax exceptions which serves as a non-recognition provision. Several requirement exist within the like-kind exchange to ensure that tax liability situation does not prevail. One of the requirements states that assets being exchanged or sold must be held for use in trade or investment in business and cannot be personal asset residence. Another requirement outlines that the property being bought with proceeding have to be like kind of the previous or old property (IRS Section 1031, 2008).
For example, U.S property management in the US sold its apartment building in 2015 to U.K businessman to buy to another property located in New York; the company was not charged tax on the buy it made on the original apartment property. This is because the value used from the original property to purchase the new property did not change, but the only thing that changed was where the asset value resides. It is, therefore, important to note that like kind exchange were established on the basis that no economic gain is achieved when the business sells property to purchase another.
Converted Property
Converted property refers to residential property changed for rental, or rental property changed to be a residential property. IRS provides that if someone changes his home or any other asset or part of the asset to rental use any time except the beginning of tax year, he or she must divide annual expenses like insurance or taxes between rental or personal use (IRS Publication 527, 2008). For converted property, one needs to deduct only the part of the yearly expense when the asset was used or held for rental purposes. IRS provide that for the converted asset, one cannot deduct insurance or depreciation for the section of the financial year the asset was used for personal use that is before conversion. It is again provided that, for the converted property, one can include qualified mortgage insurance premiums, home mortgage interest or real estate tax expenses related to part of the year the asset was help for personal use as an allowable deduction.
IRS provides that when one converts property held for personal use to rental reasons, the basis for depreciation will, therefore, be lesser of the fair value of the market or be consider as an adjusted value by the date of conversion. For example, A U.S businessman named Jack moved from his home in April 2009 and started renting it out on May 1. He deducted as rental income eighth-twelfth of his yearly taxes and insurance expenses. Starting with May, Jack deducted as a rental expense the sum he monthly paid for items such as utilities (IRS website, Publication 527, 2008).
Capitalization and Repair Regulations
The regulations can be defined as a means used by IRS to resolve some of the controversies that came up during the years between the taxpayer and IRS on how to classify some costs for supplies and repairs that are deductible in the present tax year and the fixed assets that have to be depreciated and capitalized over some years. As a result, complex elections and regulations are put in place for consideration. Focusing on Safe harbor election, a taxpayer is allowed to elect to follow a policy for minimum capitalization used in making financial statements, as long as the policy regulation is in effect and in writing from the beginning of financial year for which the election is established (IRS website). This also require that, each item of $500 to $5000 or invoice be capitalized. Once the required policy of $500 or $5000 is in place, the taxpayer is currently allowed to deduct amount on a per item basis or per invoice if any case the prevailing cost is under threshold.
If this is not the case, the item needs to depreciate and capitalized over that period of time like other fixed property. The election for following the policy is utilized for financial and accounting statement reasons and is made annually (IRS website). In addition, safe harbor election is also applicable to those assets, supplies and cost of items with a useful life of twelve months or below. For example, materials such as cars, ploughing equipment and inventories are subject to the $500 or $ 5000 safe harbor rule for asset capitalization.
Conclusion
In conclusion, this election will allow many organizations to deduct outlays for low-cost property, supplies, and material. On other hand, property owners, such as U.S property investments, will be free to use the new election to allow a current deduction for regular and routine repair and maintenance.
References
IRS Website, (2014). IRS Publication 551(12/2014), Basis of Assets, Revised 2014, Retrieved
from: https://www.irs.gov/publications/551/index.html Accessed on: May 7, 2016
IRS website, (2011). Publication 4895(10/2011), Tax treatment of Property Acquired from A
Decedent Dying in 2010 Retrieved from: https://www.irs.gov/publications/p4895/index.html Accessed on: May 7, 2016
IRS website, (2011). Publication 550 (2015), Investment Income and Expense, Retrieved from:
https://www.irs.gov/publications/p500/index.html Accessed on: May 7, 2016
IRS website, (2015). Publication 334 (2015), Deposition of Business Property, Retrieved from:
https://www.irs.gov/publications/p334/ch03.html Accessed on: May 7, 2016
IRS website, (2008). Like Kind Exchange under IRC Code Section, Retrieved from:
https://www.irs.gov/uac/Like-Kind-Exchange-Under-IRC-Code-Section Accessed on: May 7, 2016
IRS website, (2011). Special Situations, Retrieved from:
https://www.irs.gov/publications/p527/ch04.html Accessed on: May 7, 2016
IRS website, (2011). Tangible Property Regulations: Frequently Asked Questions, Retrieved
from: https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Tangible-Property-Final-Regulations Accessed on: May 7, 2016
Book Report: People Profit Connection by Bret Darnell
Book Report-People Profit Connection by Bret Darnell
The writer of People Profit Connection, Bret Darnell focused on the importance of emotional intelligence in the construction sector. Even though he only chose to focus on the construction sector, the knowledge gained from his work is applicable in any type of industry including catering or business industries (Darnell, 2011). Emotional intelligence can be defined as the capability of individuals to recognize their own and other people’s emotions. It also entails being able to discriminate different feelings, which people exhibit appropriately and apply emotional information to guide behavior and thinking.
The application of emotional intelligence over the past years has risen in popularity especially in the corporate society, with managers from different sectors incorporating it in their daily activities. Studies indicate that individuals with high levels of emotional intelligence have greater job performance, mental health, leadership skills and better interpersonal relationships. So what is the concept behind the success of emotional intelligence?
According to Darnell, our decision always base on our emotional responses. The different choices that individuals make are often triggered by their emotional impulses. Emotional impulses play a very important role in the daily functioning of individuals. Without the connection between thinking and emotions, various cognitive processes such as decision-making are always impossible. Bar-On, et al., (2004) defined emotional intelligence as the extent to which an individual effectively or unsuccessfully apply reasoning to situations in the process of determining feeling or emotional responses to those situations. These scholars assert that it would comprise then the incorporation of cognitive intelligence to put up with the emotions. In this case, it encompasses both negative and positive emotions. Thus, in this case it would be the degree to which the emotional responses were rationally based. An individual having a high degree of EI responds to a feeling that it makes sense. When feelings are generated appropriately, individuals get the motivation to pursue a reasonable action and behavior thus the connection between emotional intelligence and cognitive functions. Rational emotions often generate rational behavior and desires.
The connection between emotional intelligence, cognitive functions and critical thinking can also be established. Cote & Miners, (2006) claim that critical thinking is the rational reflective thinking that is concerned with what to believe or do. This clearly insinuates that the capacity of individuals to bear on emotions is that they are deeply involved with their beliefs and actions. If for instance, one feels fear, it is because they are being threatened and thus their likeliness to flee or attack. However, in most cases individuals under these circumstances act on impulses.
Darnell however notes that some individuals have learnt to identify their emotions accurately and use them to influence their thinking, understanding of the emotional causes and manage them through integrating wisdom into them. Thus, people who excel are the ones who possess high levels of emotional intelligence. The author claims that in most cases technical ability is often of less important in the ongoing success of an individual in the construction sector. Technical ability only assist and individual during the entry, however for one to be successful, emotional intelligence has to be in place.
The latter can be looked at in different ways. Work places are made up of teams, which need to operate in synchrony for the overall success. The construction sector is one of the areas where teamwork is fundamental to the overall success of different projects. The author calls for importance of emotional intelligence owing to the following facts. The industry attracts individuals who are characterized by aggressiveness, lack of self-awareness, high levels of independence, high levels of self-regard, low empathy, low levels of understanding, low interpersonal skills and low social responsibility; all these factors impact negatively the functioning of this sector. The author highlights the importance of collaboration, good relations, teamwork, communication and flexibility as essential factors to the success of the various endeavors. All these aspects form some of the basic factors in the scope of emotional intelligence. As aforementioned emotional intelligence, entails being aware of the emotions of others and yours and integrating them in your daily functioning. The integration of the emotions when carrying out different activities makes the individuals to be self aware of their actions, moreover be accommodative to others (George, 2000).
The author however highlights that technically educated individuals in the construction sector receive little training about interpersonal skills. Few courses train on communication and interpersonal skills among others. Emotional intelligence is crucial for the success of any project thus should form a very crucial aspect during the hiring of individuals. The author highlights several aspects including independence, self-regard and assertiveness among others. For instance, as highlighted, individuals having low assertiveness, self regard and independence may have trouble during negotiations since they find it hand establishing their own grounds and thus they would problematic in supervisory roles. However, these individuals perform well as team members. This can form an important basis when hiring.
The author also highlights the importance of emotional intelligence during the ongoing functions of an organization. In the construction sector especially in industries characterized by hard work, workers tend to experience much stress than others do. They dedicate much energy into their work, which gradually turns into stress. The author claims that when individuals are emotionally self aware, they will tend to discern whether they are stressed or not and then leave the work when deemed necessary. On the other hand, emotional intelligence in this context assist the manager to empathize with the workers thus relieves them of their duty. The author claims that when people make emotional connections, they look out for each other, which results to a safer working environment. Consequently, this leads to higher performance since stressed employees or poor working conditions slow down productivity. Employees tend to develop stress related complications, which leads to absenteeism.
The author goes ahead to highlight characteristics of stressed employees including low impulse control, high assertiveness and low flexibility. When employees behave in such manners, managers who have high levels of emotional intelligence will know how to control the angry outburst and work with the worker towards developing adequate behavior.
Application of emotional intelligence in my practice
Basing on the above concept, emotional intelligence is fundamental to the overall performance of a project. As a project manager integrating the concepts of emotional intelligence in my daily practice will facilitate high levels of success. To begin with, I will evaluate the emotional competencies of my workers under the project. This will entail identifying their characteristics and areas that need development. The identification of these characteristics will help in allocation of responsibilities. For instance, as aforementioned, individuals who empathize a lot and lack independence will be denied supervisory roles in some instances.
I will also look for areas that need development. The author mentioned some aspects that deter the success of the construction sector and make it gain a bad reputation. Even though most schools are currently integrating emotional intelligence courses in their curricular, I will expect to find in my team individuals characterized by absence of these skills, thus; the need for their development. The author lists that emotional intelligence can be taught. Hypothetically, however it seems impossible, for instance training individuals to empathize. The author however notes that different skills can be developed gradually.
I will then work on my emotional intelligence. This will entail assessing different areas of my emotional make up and working to improve them. I would work on empathy skills, better communication and relationship skills. This will enable me to build teams and carry out the different projects with much cooperation from the team members. In addition, these skills will enable me to create a safe working environment for the workers since I will be able to empathize with them. Moreover, the skills will enable me to solve some of the arising conflicts within the workplace and deal with workers who suffer from emotional outbursts in a good way. The author highlights the importance of emotional intelligence in this ever competitive world for survival and prosperity, thus; the correct integration of this concept will ensure the success of my future projects.
References
Bar-On, R., Tranel, D., Denburg, N. L., & Bechara, A. (2004). Emotional and social intelligence. Social neuroscience: key readings, 223.
Cote, S., & Miners, C. T. (2006). Emotional intelligence, cognitive intelligence, and job performance. Administrative Science Quarterly, 51(1), 1-28.
Darnell, G. (2011). The people-profit connection : how emotional intelligence can maximize people skills and maximize your profits. Atlanta, Ga: BDI Publishers
George, J.M., 2000. Emotions and leadership: The role of emotional intelligence. Human relations, 53(8), pp.1027-1055.
Restorative Justice Dialogue Important to Neoprofessionilsm Law Enforcement Movement
Introduction
Restorative justice is an approach that emphasizes on the needs of the victims, offenders and the affected community by solving the harm caused during a criminal act. This approach helps to meet the needs of the people affected by a particular crime in a meaningful manner (zehr, 2015). Restorative justice also provides voluntary opportunities for the victims as well as the offenders to actively participate in acquiring justice, reparation and as well as accountability. It believes that both the victim and the offender need some assistance and seeks to identify what needs to be made to avoid a similar occurrence in future. Neoproffessionalism law enforcement on the other hand, is a new enforcement that introduced new policies, reforms in accountability, made the police departments trustworthy of holding rights and hold law professionals accountable for violating the law. This work intends to make a connection between restorative justice dialogue and neoproffesionalism law enforcement.
Importance of Dialogue to Restorative Justice
The victim offender mediation helps both parties to reach an agreement. In this case a trained mediator is scheduled to meet the offender and the victim where they can discuss the crime issues affecting both sides and finally come up with agreement. This dialogue makes sure that both parties are fully contented with the agreement (Umbreit, 2010). It also restores the relationship between the victim and the offender
Dialogue between the offender, the victim, family and friends helps to understand the effect and extend of the harm caused by a crime and to provide support to the affected families at large. It provides healing to the affected families and friends. It also restores good relationships between affected families and friends (Maguire & Okada, 2011).
Restorative justice dialogue can also be implemented in the form of community justice forums, where the affected community is included in determining the appropriate action to take upon the offender and the victim. This type of dialogue is mostly used with young offenders especially under age youth. The community can participate in determining the appropriate agreement to be made. The affected community determines what is best for both the victim and the offender and the families affected
Sentencing circles dialogue which involves judges, prosecutors, defense counsel, police and court workers, addresses the concerns of all interested parties. It is also hypothesized to promote the healing of the victims, in this case the offended. The offender is also given the opportunity to change their course of actions and make amends. The different parties involved including the community, the offender and the offended are provided with a shared responsibility and a voice to come up with constructive resolutions in addressing the issues at hand consequently, developing a sense of togetherness.
Relevance of Restorative Justice Dialogue to Neoproffessionalism Law Enforcement
Restorative justice dialogue has helped in solving juvenile cases as well as handling critical issues in juvenile courts (Bradshaw & Roseborough, 2005). The affected families and the community determine an appropriate judgment together. This is mostly done through healing of the crime rather than sentencing since these cases involves under age children. It also influences the future of juvenile institutions since more juvenile cases are expected to be solved through restorative justice and therefore less number of individuals in juvenile institutions
Dialogue in restorative justice has influence the decisions made in Supreme Court and in other American courts. Sentencing circles dialogues have been used been used to make judgmental decisions in courts. Since these dialogues involves judges, prosecutors, police officers, offenders, victims and affected families, a judgment that favors both parties can be reached. Therefore, this type of dialogue has help in making of court decisions.
It has also helped in sentencing reforms movement in the courts. The government is trying to reduce congestion in prisons and also reduce government expenditure on prisoners. Restorative justice dialogues has emerged as a major boost since this approach aims at healing rather than sentencing the offenders to prison and specialized courts for instance the courts that deal with drugs
Restorative justice dialogue has been used in making criminal justice policy. The principles taken by administrative departments and the executive branches of the state can be made from the dialogues made in restorative justice. The decisions made during these dialogues can be taken as criminal justice policy. Restorative justice dialogue can serve as a source of criminal justice policy
It also ensures corrective use of government policy and to stop its misuse. The agreements reached during restorative justice dialogues should follow national constitution regulations. It ensures that the law enforcement professionals do not favor any one side since both parties of a criminal should reach a fair agreement. It also evaluates the implications of public policy
Conclusion
Restorative justice approach is increasing the impact on justice system for policymakers as well as practitioners across the world. The use of dialogue in restorative justice has help to reach unanimous agreements between offenders, victims, families and the community. It also provides healing rather than sentencing. Dialogue in restorative justice has positively affected and influenced handling of juvenile cases, making of government policy as well as making court decisions and sentencing reform movements in the courts.
References
Johnstone, G. (2013). Restorative justice: Ideas, values, debates. Routledge
Maguire M. & Okada, D. ( (2011). Critical Issues in Crime and Justice. Sage Publications, Inc.
Umbreit, M. S., Coates, R. B., & Vos, B. (2007). Restorative justice dialogue: A multi‐dimensional, evidence‐based practice theory. Contemporary Justice Review , 10(1), 23-41.
Van Ness, D. W., & Strong,K. H. (2013). Restoring justice: An introduction to restorative justice. Routledge
Wapar Munu Mantaku Nintiringanyi: Learning About the Dreaming and Land – Reading Review Assessment Answers
Reading Review Assignment
READING REVIEW
Identify key ideas you found interesting in the following three core readings, and relate each Review to at least one of the core Topic Themes.
Tur, M & Tur, S 2006, ‘Conversation: Wapar munu Mantaku Nintiringanyi: Learning about the Dreaming and Land’, in (eds) G Worby & LI Rigney, Sharing Spaces: Indigenous and non-Indigenous Response Story, Country and Rights, Curtin University of Technology, Perth, pp. 160-170. (WEEK 2)
Dodson, M 2003, The end in the beginning: re(de)finding Aboriginality, in (ed) M Grossman, Blacklines: Contemporary Critical Writing by Indigenous Australians,Melbourne University Press, pp. 25-42. (WEEK 3)
Birch, T 2007, ‘‘The Invisible Fire’: Indigenous sovereignty, history and responsibility’, in (ed) A Moreton-Robinson, Sovereign Subjects: Indigenous Sovereignty Matters, Allen & Unwin, pp 105-117. (WEEK 6) or Fejo-King, Christine & Briskman, Linda 2009, ‘Reversing colonial practices with Indigenous peoples’, in Allan, June, Briskman, Linda & Pease, Bob (eds.), Critical social work: theories and practices for a socially just world, 2nd edn, Allen & Unwin, Crows Nest, N.S.W., pp. 105-116. (WEEK 4)
Each Review should begin with the full reference, including author name and title. If you copy information direct from the text, make sure you use quotes and page numbers according to your referencing style (e.g. Harvard).
Karen Healy’s: Becoming a Trustworthy Profession – Doing Better Than Doing Good – Critical Thinking Assessment Answers
Critical Thinking Assignment
Read and summarise Karen Healy’s article, “Becoming a Trustworthy Profession: Doing Better Than Doing Good”, posted on FLO.
Your summary should include –
what the article as a whole is all about
the main points of the article
your reflection on the usefulness of the article
Geotechnical Calculations – Soil Phase Relationships, Strength, Permeability and Bearing Capacity – Engineering Assessment Answers
Geotechnical Calculation – Soil Phase | Engineering Assignment
Question 1
Briefly discuss differences in terms of soil characteristics and properties (e.g. void ratio, moisture content, etc.) between the following soil types:
Loose uniform sand and dense uniform sand
Stiff clay and soft clay
Question 2
The wet mass of one of the standard Proctor test samples is 1806 grams at a water content of 15%. The volume of the standard Proctor test sample is 9.44 * 10-4 m3.
Determine the bulk and dry unit weights
Discuss how you would design an experiment using the standard Proctor test to determine the maximum dry unit weight of soil samples (including illustrations, sketches and/or photos)
How does the maximum dry unit weight play a role in designing a building?
Question 3
Determine k20°C (Conductivity at 20°C) of clay using the data below from a falling-head test:
Cross-sectional area of soil = 80 cm2
Length of soil = 10 cm
Initial head = 100 cm
Final head = 80 cm
Duration of test = 0.20 hour
Diameter of tube = 6 mm
Temperature = 23 °C
Your project team members realize that a soil conductivity test can play a very significant role in any building project development. They seek your professional advice regarding when the falling-head test should be applied other than other conductivity tests. Your response may cover soil conditions of a project, as well as other project and design considerations such as cost, time, quality, etc.(including illustrations, sketches and/or photos)
Question 4
Research and briefly describe the following items about soil compaction (including illustrations, sketches and/or photos).
Effect of soil type (sandy silt, silty clay, poorly graded sand, etc.) on soil compaction
Compaction equipment in field
Assume you perform a compaction task in a construction site and you found the initial void ratio before the compaction was 0.85. Once you finished the compaction, you measured the void ratio and found that it changed to 0.57. Based on the knowledge of soil components and phase diagram, discuss (increase or decrease) following soil characteristics based on the calculated values:
percent of volume change of the soil due to the compaction
percent change in the field unit weight
percent change in the degree of saturation
Carolyn Popovski & Gary Jones – Eadie’s claim | Employment Law Assessment Answers
Topic: Employment Law Assignment
QUESTION:
Carolyn Popovski is a mobile motor mechanic. She owns her own tools for work, and her own work truck and other equipment. As she is a ‘mobile’ mechanic, she does not have her own workshop where she does the work. She advertises her registered business. She earns income by providing mechanic services to various regular clients and some new clients from time-to-time.
A long-time friend of Carolyn’s, Gary Jones, asked Carolyn if she would give his car a minor service. Gary was short of cash because he had recently had a spell of bad luck financially. However, he needed his car serviced. What he said to Carolyn was: ‘If you give my car a minor service tomorrow, I will let you stay at my holiday house at Port Fairy for a week this summer, at no cost to you’. Carolyn thought this was great and so she said she would service his car the next day as he required.
As it turns out, Gary’s car was a very old Holden that had some specific peculiarities that had to be taken into account when it was serviced. Gary had an upholstery business in his workshop at his house, and he decided it would be best if the car service was performed there. Also due to the peculiarities of the car, when Carolyn was doing the work, Gary was supervising her the whole time, instructing her what to do, and what order to do it in. They had some difficulties with the job and it turned out to be more complicated than either of them had imagined.
When the servicing was nearly finished, Gary was so thrilled, and since he was gasping for a drink, he wondered out with a bottle of champagne to celebrate what they had achieved so far. Carolyn was thirsty as well, so she gulped down three glasses in ten minutes.
Then, Carolyn told Gary that she needed some more specialist oil to finish the servicing. Gary was a bit worried about Carolyn driving after drinking, so he wheeled in his mountain bike and suggested that she ride that to the service station to get the specialist oil.
Carolyn was a bit overexcited cycling down the hill, and she knocked over Eadie Cassidy. Eadie is an elderly lady, and she suffered a broken hip. She had to be taken away in an ambulance and have a hip replacement operation. She incurred $15,000 in medical expenses. Eadie has informed Gary that she might sue him in a civil action, to recover those costs.
TASK:
You are a qualified lawyer who specialises in employment law. Gary has heard how good you are at your job, and so he has come to you for advice.
GARY wants you to provide him with advice, in the form of a letter which may follow the IRAC style of answer that we have practiced in class. Gary wants descriptions of the laws that he can understand.
What he needs to know is:
What areas of law(s) are relevant ie what are the legal issues at a high level?
Are there any legal issues that must be considered for each area of relevant law? What needs to be proven for Eadie’s claim (in each area of law) to be successful?
Use subheadings as you step through each area
What legal cases, as precedents, that spell out those areas of law are relevant?
There is no need to refer to statutory law/legislation here, just use common law as it is stated in the case law and as we have studied it in class and also as it is stated in the prescribed text book.
As result of analyzing these points, can Eadie sue Gary to recover the $15,000?
Will Eadie be successful?
Explain why you think so.
Provide your advice in a logical manner, in the order indicated above.
For clarity – you do not need to, and should not, for this exercise, consider any statutory issues: you do not need to apply, or refer to, any legislation. Neither do you need to consider workers compensation or other insurance-related issues. Neither do you need to consider occupational health and safety/work place safety legislation issues. ONLY talk about the areas of law we have discussed in class in weeks 2 and 3