Tutorial Questions at Australian School of Business Taxation Free Essays

string(263) " important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question\." Australian School of Business Taxation and Business Law LEGT 1710 Tutorial Program LEGT 1710 BUSINESS AND THE LAW TUTORIAL PROGRAM SEMESTER 1, 2013  © 2013 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purpos es of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney TUTORIAL PROGRAM FOR LEGT 1710 BUSINESS AND THE LAW Week 1 11 March Introduction: The Role of Law in Business Statutory Interpretation Legal Reasoning Introduction to Contract Law †¢ †¢ †¢ †¢ †¢ †¢ Week starting Lecture topics Topic information NO TUTORIALS What is law? / Sources of law The Australian Constitution and the separation of powers The Parliament, the Executive and the Judiciary Statutory interpretation Judicial decision making Legal problem solving and conducting legal research Readings Latimer Ch 1 2 Latimer Ch 1 3 18 March 4 5 March †¢ Nature and role of contract law †¢ Requirements for a valid contract ASSIGNMENT 1 DUE WEEK 4 (Hand in to tutor in tutorials) MID-SEMESTER BREAK (1 to 7 April 2013) †¢ Terms of a contract †¢ Conditions and Warranties Exclusion clauses †¢ Vitiating elements: mistake, misrepresentation, illegality, inequality Breach of contract/termination of contract Remedies for breach of contract Gen eral principles Negligence and duty of care Statutory modification through the Civil Liability Act 2002 (NSW) Latimer Ch 5  ¶5-010- ¶5-485 5 8 April Contract Law (cont’d) Contract Law (cont’d) Contract Law (cont’d) Introduction to Tort Law Tort Law (cont’d): Professional Negligence and Economic Loss Latimer Ch 6  ¶6-010- ¶6-250 6 7 15 April 22 April Latimer Ch 5  ¶5-620- ¶5-835;  ¶5-510 to  ¶5-570;  ¶6-260- ¶6-275 and Ch 11 Latimer Ch 6  ¶6-280- ¶6-510 Latimer Ch 4  ¶4-010- ¶4-120 †¢ †¢ †¢ †¢ †¢ 8 29 April 9 6 May †¢ Standard of care for professionals †¢ Recovery for economic loss MAJOR ASSIGNMENT DUE Submit Online via Turnitin on Monday 6 May by 5pm †¢ What is property? Ownership of land Intellectual property †¢ †¢ Latimer Ch 4  ¶4-121- ¶4-291 Latimer Ch 3 10 13 May Property Law 11 20 May Competition/ Restrictive Trade Practices Law Applying competitive strategies to business: †¢ Part IV of the Competition and Consumer Act 2010 (Cth) †¢ Authorising anti-competitive activity †¢ Enforcement powers of the ACCC †¢ Remedies and defences available under the Competition and Consumer Act 2010 (Cth) †¢ †¢ †¢ Misleading or deceptive conduct Unconscionable conduct Misrepresentations under the Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Business structures Risk Management Compliance Due Diligence Latimer Ch 8 and see also www. We will write a custom essay sample on Tutorial Questions at Australian School of Business Taxation or any similar topic only for you Order Now accc. gov. au 12 27 May Consumer Protection Law Latimer Ch 7 and see also www. accc. gov. au (a) 13 3 June (b) Business Structures Risk, compliance and due diligence †¢ †¢ †¢ †¢ Latimer Ch 9 Supplementary materials S2-2012 LEGT1710 Tutorial Program Page 2 TUTORIAL CONSULTATIONS Students should note that tutors will hold face-to-face tutorial consultations in the following weeks: Week 3 commencing 18 March Week 7 commencing 22 April Week 8 commencing 29 April Week 12 commencing 27 May Week 13 commencing 3 June Tutors will let their students know the time and location of their tutorial consultations in the week prior to a tutorial consultation week. Students will also be provided with their tutor’s email address so that if a student has any tutorial-related queries outside of the above weeks, they should contact their tutor with their query by email. Short and straight-forward queries will be responded to by email. A tutor may suggest a student attend at one of the above consultation times if a query requires a detailed response/explanation. However, as far as possible, students should raise all queries with their tutor during their tutorial class. S2-2012 LEGT1710 Tutorial Program Page 3 ANSWERING TUTORIAL AND EXAM PROBLEM QUESTIONS The problem questions that you are asked to prepare answers to in tutorials are similar in format to the problems that you will be given for Assignment 2 and in the final exam. It is therefore important that you attempt the tutorial questions so that you have sufficient practice in answering legal problems to do well in Assignment 2 and in the final exam. The course is designed to give students skills in recognising the interaction of a range of commercial laws and how they impact on business activity. Merely addressing a single issue in your answer is unlikely to be sufficient and will attract a poor mark. The commercial world rarely presents problems that only raise one issue. How to answer exam and tutorial questions When answering exam and tutorial questions you should: 1. READ THE QUESTION CAREFULLY 2. Be sure you understand what is asked. . Then: O Identify relevant facts of the problem Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts that are relevant to the issues in the problem you are considering. O Identify key, relevant statutory provisions and case law principles This involves asking: (a) does a statutory provision apply to this situation and does it provide a specific answer to the problem? AND (b) are there any cases which have dealt with a similar fact situation to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer. O Note similarities to (follow) or differences from (distinguish) prior cases When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case. Think about whether any factual differences matter. Whether or not any differences matter will depend on the scope of the legal S2-2012 LEGT1710 Tutorial Program Page 4 principle that the relevant case stands for. differences matter to your problem. It is important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question. After identifying the relevant facts, and referring to the relevant statutory provisions and case law, you then have to apply the relevant statutory and/or case law principles to the facts of your problem. This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their interpretation, and before you draw a conclusion. This step involves saying what the legal principles you have identified mean to the facts of your problem and what the effect of these legal principles will be on the rights and obligations of the parties in your problem. This is the key part of the process of reasoning that leads to a conclusion both in a legal problem question and in an actual court case. O Reach a conclusion based on the application of the statutory provisions and case law principles to the facts In your answers you will generally need to reach a definite conclusion. More important than the conclusion you reach however, is the process of reasoning that led you to that conclusion. The fact that a subsequent court can overrule the decision of a previous court demonstrates that there is no absolutely correct answer to legal problem questions. You will receive more marks for your process of reasoning than you w for ill getting what is considered at the time to be the ‘correct’ answer. Remember: in your discussion/answer, you must include references to relevant statutory provisions (legislation name and, where possible, section numbers) and case names. . What NOT to do: When answering questions, either for a tutorial or for the assignment or in an exam, DO NOT: †¢ †¢ †¢ restate the facts of a question; copy your notes, the text etc without explaining their relevance; make emotional statements; S2-2012 LEGT1710 Tutorial Program Page 5 †¢ †¢ †¢ †¢ provide non-legal material (instead make sure you include t he â€Å"relevant† law); address issues that are not raised in the question asked; provide a conclusion which is not supported by legal argument; forget to provide references where required (in other words, do not plagiarize) . Review Your Answers Once you have written your answer, you should review it carefully. Appropriate expression, tone and formatting are important to legal writing. Use plain English and not slang or text language. Prior to printing out your assignment for the last time, read it carefully, and then read it out aloud to ensure it flows and makes sense. A proper review includes careful checking of the: †¢ †¢ †¢ †¢ spelling, grammar formatting; argument flow; bibliography; and footnotes. S2-2012 LEGT1710 Tutorial Program Page 6 NOTE: THERE ARE NO TUTORIALS IN WEEK 1 Week 2 11 March Introduction: The Role of Law in Business (Lecture 1) Key learning outcomes from Lecture 1: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The legal effect of English settlement in 1788 How laws are classified The different meanings of the terms â€Å"common law† and â€Å"civil law† What happens if there is a conflict between common law and statute law What is a ‘federal† system of government and how this operates in Australia The doctrine of â€Å"separation of powers† and division of power under the Commonwealth Constitution How a law is made through the Australian Parliament Tutorial Questions 1. Australia was originally governed from London. Can the British Parliament still pass laws that apply to Australia? 2. Briefly explain the distinction between â€Å"enacted† and â€Å"unenacted† law. 3. What does the term â€Å"common law† mean? 4. If there is a conflict between common law and statute law which law prevails? 5. Explain the doctrine of separation of powers. 6. What are the key steps involved in making a law? S2-2012 LEGT1710 Tutorial Program Page 7 Week 3 18 March (Tutor Consultation Week) Legal Reasoning and Statutory Interpretation (Lecture 2) Key learning outcomes from Lecture 2: †¢ †¢ †¢ †¢ †¢ †¢ The court system in Australia and what an appellate court is Ways of resolving disputes outside of the court system (ie alternate dispute resolution) What the doctrine of precedent is How courts interpret laws or statutes How to solve legal problems An introduction to legal research Assignment 1 Assignment 1 is based on the weeks 1 and 2 lectures. There are 2 questions: Question 1 worth 10 marks and Question 2 worth 5 marks (total 15 marks). Students will need to do some research (using the textbook, lecture notes or other books or materials you might wish to refer to) to find the answers to these questions. Word limit: maximum of 1000 words. The aim of this assignment is to assess students on the materials covered in topics 1 and 2, to get students to use the textbook and lecture notes and to provide students with the opportunity of practising their writing skills. STUDENTS ARE NOT REQUIRED TO PROVIDE REFERENCES OR A BIBLIOGRAPGY FOR THIS ASSIGNMENT. Assignment 1 is due in week 4 (to be handed to your tutor in your tutorial). Tutorial Problem Questions Problem 1: Statutory interpretation You are trying to work out if ‘scissors’ are a ‘weapon’ with the meaning of the Weapons Act 1990 (Qld). That Act states: ‘Weapon means: (a) a firearm; or (b) another thing prescribed under regulation. ’ Scissors are not a firearm. You check the regulations and find that scissors are not listed. S2-2012 LEGT1710 Tutorial Program Page 8 However, the principles and object section deals with ensuring public and individual safety through restricting possession of weapons and requiring safe and secure storage of weapons to prevent their misuse. How can you be sure that scissors will not be considered as a ‘weapon’ within the meaning of the legislation? Problem 2: Parts of a case and how to read a case The case: FISCHER v STUART – (1979) 25 ALR 336 SUPREME COURT OF THE NORTHERN TERRITORY Forster CJ 25, 26 June 1979, 25 July 1979 Darwin Animals — Liability for — Ferae naturae — Dingo — Canis familiaris dingo — Whether ferae naturae or mansuetae naturae — Onus of proof — Damages for personal injury The plaintiff was attacked and injured by a young dingo bitch kept by the defendant. The animal had escaped from the collar and chain securing it and had attacked the plaintiff on open land near the defendant’s premises, which were unfenced. The dingo, canis familiaris dingo, is a sub-species of the species dog, canis familiaris. Held: (i) the onus of proving that wild animals of a particular class are not dangerous to man rests upon the party asserting that they are not. (ii) The evidence established that dingo is an animal ferae naturae. (iii) The plaintiff would be awarded $5000 general damages and $110. 4 special damages. Action: This was an action for damages for personal injury suffered by the plaintiff when she was attacked by a dingo kept by the defendant. The facts and nature of the proceedings appear sufficiently from the judgment of Forster CJ. J B Waters, for the plaintiff. J Harrison, for the defendant. Forster CJ. The plaintiff, then a child aged four years, was attacked and to some extent savaged by a young dingo bitch, towards which the defenda nt acted in all respects as an owner. The dog had escaped from the chain and collar which secured it under the defendant’s unfenced house and the attack took place on some open land referred to as an easement near to the defendant’s house where the plaintiff was playing. The dingo had come into the possession of the defendant when it was four to six weeks old, its mother having been killed and the puppy having been found in the bush. The dingo was kept by the plaintiff in and about an ordinary suburban house in Sanderson, a suburb of Darwin, which house, as I have said, was unfenced. The house where the plaintiff lived was nearby†¦. The plaintiff sues by her mother as next friend for damages in respect of the injuries suffered by her in the attack by the dingo and the other consequences of the attack. The claim is put upon a number of alternate bases. First, on the basis of simple negligence. Secondly, on the basis that a dingo is an animal ferae naturae and is also a dangerous animal to the bringing S2-2012 LEGT1710 Tutorial Program Page 9 on to land of which absolute liability attaches and thirdly, pursuant to s 29 of the Registration of Dogs Ordinance. In view of the conclusion to which I have come on the second basis it is unnecessary to decide the questions of simple negligence and the provisions of the Registration of Dogs Ordinance, but it is my view that the claim based on negligence is not made out †¦. , and also that s 29 of the Registration of Dogs Ordinance has no application in the present circumstances as it does not create a liability, but simply provides that if a dog does damage in circumstances that attract liability to its owner then damages may be recovered in certain ways. Is the dingo an animal ferae naturae which should be regarded as inherently dangerous to man? Dr Begg, the biologist, Mr Williams, the head ranger at the Yarrawonga Wild Life Park, Mr Stephens, the Wild Life Control Officer and Mr Lindner, a well-known Northern Territory wild life ranger, and indeed the defendant herself, are unanimous that the dingo is a wild animal. Mrs Padgham-Purich regards the dingo as simply another breed of dog requiring no more special treatment than some other breeds of dog require and she does not agree without considerable qualification that the dingo is a wild animal. The dingo is a sub-species of the species dog, canis familiaris — canis familiaris dingo and the evidence satisfies me that it is capable of a degree of domestication. I note that the Oxford English Dictionary defines â€Å"dingo† as â€Å"the wild or semi-domesticated dog of Australia†. The test to be used for classifying animals for the purposes of defining the liability of the person who owns or keeps or harbours them, is whether the animal is of a class which constitutes a special danger to mankind†¦ What is the evidence with respect to the dingo? It is plainly regarded as being dangerous to stock. There are dog-proof fences and a bounty paid on scalps of dingoes. The evidence as to danger to man is not unanimous†¦ With great respect to Mrs Padgham-Purich, I find that although dingoes are capable of being tamed and can be in many respects attractive, intelligent dogs to own, they must always be treated with extreme care and suspicion and are prone for no apparent reason to attack the humans with whom they are associated. If, as I have said, the onus is upon the defendant to satisfy me on the balance of probabilities that the dingo, which is plainly a wild animal, is not dangerous to man, she has failed to discharge that onus. On the contrary I am satisfied that the dingo is by its nature notwithstanding Mrs Padgham-Purich’s skill and experience, inherently dangerous to man. This finding really concludes the question of liability in favour of the plaintiff:†¦ The dingo was secured by a chain and collar, the latter of which proved to be inadequate. In view of the absolute liability which I have found to exist the plaintiff is entitled to succeed†¦ taking everything into account, the appropriate sum for general damages is $5000. Special damages have been agreed at $110. 24 and there will be judgment for the plaintiff in the sum of $5110. 4 with costs to be taxed. I will hear counsel as to the form of an order for the payment of the judgment moneys. Solicitors for the plaintiff: Waters, James O’Neil. Solicitor for the defendant: David Winter. S2-2012 LEGT1710 Tutorial Program Page 10 Please answer the following questions in relation to the case: 1. What is the full case citation? 2. W hat are the names of the plaintiff/defendant? 3. In which court was this case decided and and what was the name of the judge? 4. What is the case about – give a brief summary of facts? 5. What are the legal issues raised in this case? 6. What happened in this case: what is the decision/reasons for the decision? S2-2012 LEGT1710 Tutorial Program Page 11 Week 4 25 March ASSIGNMENT 1 DUE (Hand to tutor in tutorial) Introduction to Contract Law (Lecture 3) NOTE: UNSW MID-SEMESTER BREAK FROM 1 APRIL to 7 APRIL 2013 Key learning outcomes from Lecture 3: †¢ †¢ †¢ †¢ Role of contract law in business Formation of contracts Concept of a binding contract Need for offer and acceptance; consideration. How to answer a legal problem question Overview by tutor Tutorial Problem Questions Problem 1: A writes to B to sell his stamp collection to B. B, who has stopped saving stamps, gives A’s letter to another collector C, and C writes a letter of acceptance to A. Is there now a contract between A and C? Problem 2: Offeror wrote to offeree offering to buy offeree’s car for $1,999 adding: â€Å"If I hear no more about it, I consider the car mine at that price. † Offeree did not reply to this letter although it appeared from later dealings that offeree had decided to accept. Is there a contract? Problem 3: Brunhilda loses Fifi, her rare and often threatened French poodle. The poodle is found hunting rats in a sewer by a council worker and is returned ith a pair of tongs. Brunhilda, who has no sense of smell, is overjoyed, and promises to pay the council worker $50 for the return of the dog. Can the council worker enforce the promise? S2-2012 LEGT1710 Tutorial Program Page 12 Week 5 8 April Contract Law (Lecture 4) Key learning outcomes from Lecture 4: †¢ †¢ †¢ †¢ Is there ‘intentionâ €™ to enter into a contract Terms of the contract Whether a contract is in existence Principles of construction and determining the scope of the contract: representations vs terms; incorporation of terms; implied terms; collateral contracts; uncertain terms; exclusion clauses How to approach the Major Assignment Overview by tutor NOTE: ONLINE SUBMISSION ONLY VIA TURNITIN (see Blackboard) You can review your plagiarism score, amend and resubmit as required but the FINAL VERSION of your assignment is due Monday 6 May by 5pm Tutorial Problem Question Richard was in the third year of an arts degree, and was finding his social life limited by his very limited financial means. He complained of this to his parents one weekend, hoping that they would give him an allowance. He continued on that theme for the whole weekend, until his father, Bill, eventually grew sick of it. Bill said that his brother Fred owed him a favour, because Bill had once helped him out with the milking for a month while Fred was in hospital. He said that Fred might be able to employ Richard on the farm. He said, finally, that if Fred couldn’t help he would give him some money himself. Bill contacted Fred and said: â€Å"Fred, you know that favour you owe me? Now I need something in return. I have a boy here anxious to earn some money. Will you employ him? † Fred happened, at that time, to need some labour, so he agreed to employ Richard on weekends and semester breaks. S2-2012 LEGT1710 Tutorial Program Page 13 Bill then continued: â€Å"And Fred I need something else. I’m going to be hauling some rubbish away over the next few weeks and I need your truck. When can I pick it up? † Fred replied that the truck would be available from Tuesday 4 July 2010. However, when Bill went to pick up the truck Fred refused to give it to him, saying that he needed it. Bill was furious, and since he had already paid a fair bit of money over to contractors, relying on the fact that he would have the truck, he was out of pocket as well. He threatened to sue Fred, saying that they had a contract. Richard started working on the farm, milking every weekend and doing general fencing, hay carting and pasture maintenance work during the semester breaks. However, after three months of work he still had not been paid. He asked Fred for the money and Fred said that, since they were family, he didn’t owe him anything. Richard now wants his father to pay him, saying that he had promised to do so if Fred couldn’t help. Discuss by reference to the common law of contract whether: 1. Bill is contractually entitled to the use of the truck; 2. Richard is contractually entitled to be paid by Fred; and 3. Richard is contractually entitled to be paid by Bill. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 14 Week 6 15 April Contract Law (Lecture 5) Key learning outcomes from Lecture 5: †¢ Vitiating elements: mistake; misrepresentation; illegality; inequality between the parties Tutorial Problem Question Ernest had heard that the current owner of Absynth Hall was thinking of selling. On 28 April he wrote a letter to the owner, Jack, in the following terms: â€Å"Are you interested in selling the Hall? If so, at what price? † Jack received the letter on 29 April and replied that day by facsimile addressed to Ernest as follows: â€Å"I will sell you Absynth Hall for $200,000. The terms and conditions will be those in the Law Society of New South Wales standard form real estate contract. Please reply in writing before 5 May. † Unfortunately, Jack’s secretary Giles, when sending the facsimile, misdirected it, and it was received by Gwendolyn. Realising his mistake immediately, Giles re-sent the facsimile to Ernest and telephoned Gwendolyn to tell her that the facsimile was sent by mistake. On 1 May, Ernest sent a letter to Jack, saying: â€Å"I accept your offer to sell the Hall and surrounding grounds for $200,000. † However, on the same day the market went into a spectacular dive, and by 5 pm Ernest had lost a lot of money. Feeling that he could no longer afford the Hall, he sent a facsimile to Jack, which Jack received at 6 pm, saying that he no longer wished to purchase the property. At this point Jack had not received Ernest’s letter of 1 May. Gwendolyn had been extremely interested in purchasing the Hall and, ignoring Giles’ advice to disregard the facsimile, she had faxed an acceptance of the offer immediately upon receipt of Jack’s mis-sent fax. S2-2012 LEGT1710 Tutorial Program Page 15 On 1 May, Jack received Ernest’s facsimile and decided to follow up on Gwendolyn’s fax. He sent her a reply by fax, saying: â€Å"I am in receipt of your facsimile of 29 April. I advise that the price is $250,000 for the Hall alone. † Gwendolyn received that fax on 1 May and replied that she would purchase the Hall for $235,000. On 3 May Jack replied that he would accept that price. On 4 May Ernest recovered all of his losses on the stock market and made a profit. He telephoned Jack to say that he would now purchase the hall for $200,000. Discuss by reference to the common law of contract whether there is an enforceable contract between: 1. Jack and Ernest 2. Jack and Gwendolyn for the sale of Abysnth Hall? Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 16 Week 7 22 April (Tutor Consultation Week) Contract Law (Lecture 6) Key learning outcomes from Lecture 6: †¢ †¢ Termination of the contract Remedies available for contractual breaches Tutorial Problem Question Lizzy was interested in buying a television. She didn’t have very much money, so she thought that she would have to buy one second-hand. She advertised in the local newspaper. The advertisement said: Wanted: LCD Plasma television in good condition. Will pay a good price. The next morning Darcy rang, saying that he had a television fitting the description. He said he would bring it around to Lizzy’s house at 4 pm. A few minutes later Bingley rang. He said he had a good television for sale, but it was a television/video unit combined. Lizzy, however, was interested. She drove around to Bingley’s house. Bingley showed Lizzy the television. Lizzy was very interested. The television was very good looking, finished in rather nice matt black finish and with soft, fluid lines. She said to Bingley: â€Å"Have you ever had any difficulties with the picture? † Bingley told her that the television had always worked well, and that he had never had any difficulties with it. Bingley set the television up in the lounge room and showed Lizzy how it worked. Lizzy asked how much he wanted for the television. He replied that he would want $575. Lizzy said she would pay $550 and Bingley said that it was a deal. Lizzy took the television home and found Darcy waiting at the door. He said that he had the television and wanted the $600 that it was worth. Lizzy was confused, and said that she never said she would buy the television. Darcy became very angry, and told Lizzy that she S2-2012 LEGT1710 Tutorial Program Page 17 would have to buy the television. If she didn’t she might find herself seriously harmed. Lizzy was frightened, and agreed to buy the television. She said Darcy could bring it around the next day and she would have the money. When Lizzy got inside she set up the television which she had just purchased from Bingley. She watched it for a couple of hours to calm her nerves. After that time, the television started to smoke and the picture flickered and faded to black. Lizzy was upset, and took the television to an electrician. The electrician said that there was a major fault in the television and that it had most certainly been faulty when she purchased it. Discuss by reference to the common law of contract whether there is an enforceable contract between: 3. Lizzy and Darcy 4. Lizzy and Bingley in relation to the purchase of the television. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 18 Week 8 29 April (Tutor Consultation Week) Introduction to Tort Law (Lecture 7) Key learning outcomes from Lecture 7: †¢ †¢ †¢ †¢ †¢ †¢ Some of the different types of torts and some areas of business where tort law may be relevant How the law of contract and the law of torts interact What is the â€Å"duty of care† and to whom is it owed? What is the â€Å"but for† test? Some of the defences to torts Relevant statutory provisions of the Civil Liability Act 2002 (NSW) Tutorial Problem Question Theresa runs her own Asian restaurant in Randwick. One morning, a delivery man accidently dropped and spilt a can of cooking oil on the floor of the restaurant as he was entering from the street. Theresa immediately mopped up the oil and scrubbed the floor with detergent, but the surface remained slightly oily and quite slippery. Consider the following possible situations: a) After the accident, Theresa went to get some rubber mats to lay down over the area from the back of the restaurant and the phone rang. Not wanting to miss the call, she answered the call. Her back was turned from the entrance for a minute or two. During that time Damien, a customer, entered. He slipped on the oily floor and broke his leg. ) Damien’s girlfriend Ivy, who was a very nervous person, was walking behind him. She became very upset and suffered nervous shock when she saw Damien fall because she feared that Damien might be seriously injured. c) After the accident, Theresa wrote out a sign in very large bright letters which said ‘Warning—slippery floor. Do not enter’ and displayed it at the front of the restaurant entrance. Clark, a customer with very poor eyesight, miss ed the sign, walked in, slipped on the oily floor and broke his leg. S2-2012 LEGT1710 Tutorial Program Page 19 ) Clark screamed loudly after his fall. This caused Russell, who was driving past the restaurant, to take his attention off the road, causing him to run off the road and smash into a nearby wall. Russell was uninjured but the smash caused $20,000 damage to his car. e) Immediately after the spill, Theresa walked outside, pulled down the shutter of the restaurant but forgot to lock it, and went for a coffee. A thief entered through the unlocked door to steal money, but slipped floor, crashed into the shutters. The fall caused him to break his jaw and suffer possible long-term brain damage. Assume that the above events a) to e) took place as a separate set of facts. Considering each scenario separately, discuss whether Theresa could be liable for the resulting injuries and damage under the laws of negligence. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 20 Week 9 6 May ASSIGNMENT 2 DUE BY 5PM: ONLINE SUBMISSION VIA TURNITIN Tort Law: Professional Negligence and Pure Economic Loss (Lecture 8) Key learning outcomes from Lecture 8: †¢ †¢ †¢ †¢ †¢ The essential elements of negligent misstatement How the test for negligent misstatement relates to the test for negligence resulting in personal injury Why courts are reluctant to make awards for pure economic loss How the Civil Liability Act 2002 (NSW) applies to professional negligence What an accounting firm can do to reduce the risk of liability for negligence Tutorial Problem Question Sam and Samantha have just moved into an old terrace house in Bondi which they purchased in October, 2012. Before deciding to buy the property, they obtained a building report on the condition of the house from a professional building inspection company, Inspectcorp. The report stated that the floorboards needed to be replaced at a cost of around $5000, as they were full of dry rot. In addition, Inspectcorp reported that there was evidence of termite infestation in the roof. The report recommended a pest report be obtained on the termite problem. Sam and Samantha were short of cash so decided to proceed with the purchase without getting a pest report. After they moved in, the couple employed a contractor to replace the floorboards. While doing the work, the contractor found that the beams supporting the floorboards were rotten due to termite infestation, and the estimated cost of replacement of the beams is $50,000 in addition to the $5000 to replace the floorboards. On another matter, last week the local council served a notice requiring the house to be fitted with electric smoke detectors, under new fire safety laws that came into effect in November, 2012. The estimated cost to fit the detectors is $2000. S2-2012 LEGT1710 Tutorial Program Page 21 Sam and Samantha say they would not have purchased the property if they’d known that they’d have to spend $50,000 to replace the beams, and another $2000 to install the smoke detectors. They say Inspectcorp should have detected and reported both these items in their report. Consider whether Sam and Samantha may have any rights to claim compensation against Inspectcorp under the laws of negligence in NSW. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 22 Week 10 13 May Property Law (Lecture 9) Key learning outcomes from Lecture 9: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The difference between a joint tenancy and a tenancy in common The meaning of Real Property/Personal Property/Intellectual Property/a Chose in Action How real property under Torrens Title is transferred The difference between a mortgage and a charge The different types of intellectual property The preconditions necessary for a work to be protected by copyright How a company can protect its confidential information REMINDER: MAJOR ASSIGNMENT IS DUE ON MONDAY 6 MAY by 5pm This Assignment is to be submitted online only – via Turnitin (see Blackboard) Tutorial Problem Question Jack and Jill, a middle aged married couple, are registered as co-owners of their freestanding family home in Kensington. The property is held under Torrens Title and they are registered as joint tenants. They have paid off the loan they had taken out from the Eastpac Bank to purchase the property, which is now worth over one million dollars. The marriage is going through a difficult time, and Jack recently became friends with a single woman living in the USA through an online dating service. He has decided to travel to the US by himself to meet his new friend and start a new life, taking as much money as possible with him. Having very little cash in the bank, Jack successfully applied to Eastpac bank for a new loan of $500,000, with a mortgage over his house as security. The bank manager told Jack he and Jill would need to attend his office to sign a mortgage agreement, but Jack made up a story that Jill was unable to come to the bank to sign personally due to illness. As a long term reliable customer, the manager allowed Jack to take the documents home for his wife Jill to sign. Without telling Jill about the loan, Jack forged his wife’s signature on the mortgage document. The bank accepted the signed mortgage not knowing Jill’s signature was forged, and registered it at the Land Titles Office. S2-2012 LEGT1710 Tutorial Program Page 23 Taking the $500,000 with him, Jack disappeared to the USA, never to return, and made no repayments of the loan. When the loan defaulted, the bank followed the usual procedure and exercised its power of sale over the property to recover the outstanding loan. It sold the property at auction to Mr. Chan, who became registered owner of the land. Jill has had to vacate the property, but knew nothing about the loan to Jack. She claims the mortgage to the Eastpac bank is void because her signature was forged. She claims she still legally owns the house and should not have to suffer due to Jack’s dishonesty. Mr. Chan says he is entitled remain owner as he legally bought the property at the auction, and knew nothing about the forged mortgage. Advise Jill and Mr Chan as to their legal position under the Torrens Title system. S2-2012 LEGT1710 Tutorial Program Page 24 Week 11 20 May Competition Law (Lecture 10) Key learning outcomes from Lecture 10: †¢ †¢ †¢ †¢ What are the key provisions of Part IV of the Competition and Consumer Act 2010 (Cth) What anti-competitive conduct can be authorised The enforcement powers of the ACCC What remedies and defences are available under the Competition and Consumer Act 2010 (Cth) Tutorial Problem Questions Consider whether the following conduct breaches any sections of Part IV of the Competition and Consumer Act 2010 (Cth): 1. Representatives of four major widget distributors enter price fixing agreements to fix maximum customer discounts. 2. A manufacturer refuses to supply a retailer for two reasons: a. The retailer insists on buying from other manufacturers; and b. The retailer is located in an unfashionable part of a shopping centre and has poor retail facilities. 3. A retailer has 45% of the retail biscuit market. Can the retailer acquire a competitor that has another 15% of the cake market? (ABL  ¶8-572) A publisher distributes a textbook to book retailers on condition that the retail price is no less than $35. ABL  ¶8-440 to  ¶8-500) S2-2012 LEGT1710 Tutorial Program Page 25 Week 12 27 May (Tutor Consultation Week) Consumer Protection Law (Lecture 11) Key learning outcomes from Lecture 11: †¢ †¢ †¢ †¢ †¢ †¢ What is the Australian Consumer Law (found at Sch 2, Competition and Consumer Act 2010 (Cth)? What does s 18 of the Australian Consumer Law state? Can â€Å"s ilence† or an â€Å"opinion† amount to misleading or deceptive conduct? False representations under s 29 of the Australian Consumer Law Unconscionable conduct under ss 20, 21 and 22 of the Australian Consumer Law Defences and remedies available under the Australian Consumer Law Tutorial Problem Questions Problem 1: Randy inherited a collection of early Australian paintings from his rich uncle Archibald. Randy supports himself by his winnings from poker machines and other forms of gambling. When he is short of cash he usually sells off a painting from his inheritance. In the past two years he has sold 10 works of art. Bettina is keen to purchase one of the paintings in Randy’s collection, but wants to have it authenticated first as a genuine work of the famous Australian artist, Norman Lindsay. Randy agrees to have this done. The expert who examines the painting is not prepared to acknowledge that it is the actual work of Norman Lindsay, but is confident that it is most likely the work of one of the Lindsays from the same artistic family. He communicates this conclusion to Randy. Before she decides to make the purchase Bettina rings up Randy on the telephone and enquires, â€Å"Are you sure that it is actually the work of Norman Lindsay? † Randy replies, â€Å"The expert is confident it is a genuine Lindsay. † Bettina purchases the painting and sometime later it is authoritatively established that it is not a genuine work by the famous Australian artist Norman Lindsay, but that of his lesserknown cousin, Larry Lindsay, who imitates Norman Lindsay’s style. Identify whether Bettina is able to obtain any remedy for misleading or deceptive conduct. S2-2012 LEGT1710 Tutorial Program Page 26 Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. Problem 2: A computer company advertised computers in the newspapers and in this way sold them directly to the public. It maintained no shopfront and did not sell through any distributors. It advertised computers in the daily newspapers, but neglected to state that a delivery charge of $99 had to be paid. What sort of remedies is the court likely to order? S2-2012 LEGT1710 Tutorial Program Page 27 Week 13 3 June (Tutor Consultation Week) THIS WILL BE A REVISION CLASS: DON’T MISS IT! †¢ †¢ Come prepared to discuss the sample problem exam questions with your tutor (see sample questions uploaded on Blackboard) Bring any queries you have about any of this session’s tutorial questions S2-2012 LEGT1710 Tutorial Program Page 28 How to cite Tutorial Questions at Australian School of Business Taxation, Essay examples

Speed Limit Essays - Traffic Law, Road Safety, Law Enforcement

Speed Limit Cause and Effect Second Rewrite Picture yourself in my shoes. I'm cruising down the Montana intrastate system. Being young and stupid I am going at the unreasonably fast speed of just over 80mph. I am on a road that I travel around five times a month. I know the road well, and I feel safe at 80 mph. I have no fears, even if I do see a cop. I wouldn't get pulled over because there is no speed limit*. I coolly glance in my rear view mirror to see a car quickly approaching me. Then before I know it, the car has passed me like I'm not even moving. Naturally I look to see why they are in such a hurry, but I can't tell because they are moving to fast. The last thing I see before they are out of view is the out-of-state license plate. Once they are gone I shake my head and wonder if they know about that blind corner they are coming up upon so quickly, the one that I always slow down for. This experience has become all too common to Montanas since the repeal of the 65mph daytime speed limit. The repeal of the Montana State speed limit has had deadly effects on out-of-staters that don't know the roads, don't know what is safe, and don't understand reasonable and prudent. Now of course I am generalizing, but it seems to me that any idiot with a gas pedal should not be allowed to drive down the highway at 100+ mph. If anyone could possibly safely drive that fast, it would be the Montanan that has driven that road three times in the past week. But, it would appear to me that the very Montanan that I feel could drive that fast chooses not to. If anyone, the Montanan would know of where the deer are, if there is farm equipment around the next curve, or even to watch out for that pothole ahead. But it seems to me that it is the Montanan who knows the conditions that is getting passed. It is this Montanan that should be allowed to drive fast, if need be. Not some speed crazed loony or possibly the young college student that doesn't know what prudent is. This leads me to my question, how about an out-of-state speed limit? Montanans could still drive at speeds that they feel safe at, a reasonable speed. But out-of-staters would have to drive at a speed set by the state citizens. I know I would feel safer if the out-of-staters slowed down. So me it wouldn't seem prudent not to. * Beyond popular belief there is still a speed limit in Montana, it just isn't a number. It's what is reasonable and prudent at the time. Out-of-stater speed limits Cause and Effect Second Rewrite Picture yourself in my shoes. I'm cruising down the Montana intrastate system. Being young and stupid I am going at the unreasonably fast speed of just over 80mph. I am on a road that I travel around five times a month. I know the road well, and I feel safe at 80 mph. I have no fears, even if I do see a cop. I wouldn't get pulled over because there is no speed limit*. I coolly glance in my rear view mirror to see a car quickly approaching me. Then before I know it, the car has passed me like I'm not even moving. Naturally I look to see why they are in such a hurry, but I can't tell because they are moving to fast. The last thing I see before they are out of view is the out-of-state license plate. Once they are gone I shake my head and wonder if they know about that blind corner they are coming up upon so quickly, the one that I always slow down for. This experience has become all too common to Montanas since the repeal of the 65mph daytime speed limit. The repeal of the Montana State speed limit has had deadly effects on out-of-staters that don't know the roads, don't know what is safe, and don't understand reasonable and prudent. Now of course I am generalizing, but it seems to me that any idiot with a gas pedal should not be allowed to drive down the highway at 100+ mph. If anyone could possibly safely drive that fast, it would be the Montanan that has driven that road

The 5 Great Schools of Ancient Greek Philosophy

The 5 Great Schools of Ancient Greek Philosophy Ancient Greek philosophy extends from as far as the seventh century B.C. up until the beginning of the Roman Empire, in the  first century A.D. During this period five great philosophical traditions originated: the Platonist, the Aristotelian, the Stoic, the Epicurean, and the Skeptic. Ancient Greek philosophy distinguishes itself from other early forms of philosophical and theological theorizing for its emphasis on reason as opposed to the senses or the emotions. For example, among the most famous arguments from pure reason we find those against the possibility of motion presented by Zeno. Early Figures in Greek Philosophy Socrates, who lived at the end of the fifth century B.C., was  Plato’s teacher and a key figure in the rise of Athenian philosophy. Before the time of Socrates and Plato, several figures established themselves as philosophers in small islands and cities across the Mediterranean and Asia Minor. Parmenides, Zeno, Pythagoras, Heraclitus, and Thales all belong to this group. Few of their written works have been preserved to the present day; it was not until Platos time that ancient Greeks began transmitting philosophical teachings in text. Favorite themes include the principle of reality (e.g., the one or the logos); the good; the life worth being lived; the distinction between appearance and reality; the distinction between philosophical knowledge and layman’s opinion. Platonism Plato (427-347 B.C.) is the first of the central figures of ancient philosophy and he is the earliest author whose work we can read in considerable quantities. He has written about nearly all major philosophical issues and is probably most famous for his theory of universals and for his political teachings. In Athens, he established a school – the Academy – at the beginning of the fourth century B.C., which remained open until 83 A.D. The philosophers who chaired the Academy after Plato contributed to the popularity of his name, although they did not always contribute to the development of his ideas. For example, under the direction of Arcesilaus of Pitane, began 272 B.C., the Academy became famous as the center for academic skepticism, the most radical form of skepticism to date. Also for these reasons, the relationship between Plato and the long list of authors who recognized themselves as Platonists throughout the history of philosophy is complex and subtle. Aristotelianism Aristotle (384-322B.C.) was a student of Plato and one of the most influential philosophers to date. He gave an essential contribution to the development of logic (especially the theory of syllogism), rhetoric, biology, and – among others – formulated the theories of substance and virtue ethics. In 335 B.C. he founded a school in Athens, the Lyceum, which contributed to disseminate his teachings. Aristotle seems to have written some texts for a broader public, but none of them survived. His works we are reading today were first edited and collected around 100 B.C. They have exercised tremendous influence not only upon the Western tradition but also upon the Indian (e.g. the Nyaya school) and the Arabic (e.g. Averroes) traditions. Stoicism Stoicism originated in Athens with Zeno of Citium, around 300B.C. Stoic philosophy is centered on a metaphysical principle that had been already developed, among others, by Heraclitus: that reality is governed by logos and that what happens is necessary. For Stoicism, the goal of human philosophizing is the achievement of a state of absolute tranquility. This is obtained through the progressive education to independence from one’s needs. The stoic philosopher will not fear any bodily or social condition, having trained not to depend on bodily need or any specific passion, commodity, or friendship. This is not to say that the stoic philosopher will not seek pleasure, success, or long-standing relationships: simply that she will not live for them. The influence of Stoicism on the development of Western philosophy is hard to overestimate; among its most devoted sympathizers were  the Emperor Marcus Aurelius, the economist Hobbes, and the philosopher  Descartes. Epicureanism Among philosophers’ names, â€Å"Epicurus† is probably one of those that is most frequently cited in non-philosophical discourses. Epicurus taught that the life worth being lived is spent seeking pleasure; the question is: which forms of pleasure? Throughout history, Epicureanism has often been misunderstood as a doctrine preaching the indulgence into the most vicious bodily pleasures. On the contrary, Epicurus himself was known for his temperate eating habits, and for his moderation. His exhortations were directed towards the cultivation of friendship as well as any activity which most elevates our spirits, such as music, literature, and art. Epicureanism was also characterized by metaphysical principles; among them, the theses that our world is one out of many possible worlds and that what happens does so by chance. The latter doctrine is developed also in Lucretius’s De Rerum Natura. Skepticism Pyrrho of Elis (c. 360-c. 270 B.C.) is the earliest figure in ancient Greek skepticism. on record. He seems to have written no text and to have held common opinion in no consideration, hence attributing no relevance to the most basic and instinctive habits. Probably influenced also by the Buddhist tradition of his time, Pyrrho viewed the suspension of judgment as a means to achieve that freedom of disturbance that alone can lead to happiness. His goal was to keep each human’s life in a state of perpetual inquiry. Indeed, the mark of skepticism is the suspension of judgment. In its most extreme form, known as academic skepticism and first formulated by Arcesilaus of Pitane, there is nothing that should not be doubted, including the very fact that everything can be doubted. The teachings of ancient skeptics exercised a deep influence on a number of major Western philosophers, including Aenesidemus (1st century B.C.), Sextus Empiricus (2nd century A.D.), Michel de Montaigne (1533 -1592), Renà ¨ Descartes, David Hume, George E. Moore, Ludwig Wittgenstein. A contemporary revival of skeptical doubting was initiated by Hilary Putnam in 1981 and later developed into the movie The Matrix (1999.)

How to Become a Respiratory Therapist

How to Become a Respiratory Therapist For patients who struggle with the most essential thing in the world- breathing- respiratory therapists can be literal lifesavers. The Day-to-DayRespiratory therapists work directly with patients of all ages to manage chronic respiratory conditions like bronchitis, sleep apnea, asthma, and emphysema. They also work with patients who have had heart attacks, infants who were born prematurely, and other patients who suffer from breathing issues. On an emergency basis, respiratory therapists might also treat victims of shock, heart attacks, or drowning to restart breathing after sudden distress.Respiratory therapists typically practice under the supervision of physicians, and work with doctors, nurses, and patients to create and execute respiratory treatment plans. Therapists also handle specialized medical equipment like ventilators and artificial airways for patients who can’t breathe on their own. Respiratory therapists also educate patients on long-term care and managing chron ic conditions. Most of these therapists (about 75%) work in hospitals, but they can also be found in sleep clinics, patient home care, diagnostic laboratories, emergency care centers, eldercare facilities, and other healthcare centers.For more on what it’s like to be a respiratory therapist, check out these videos:Be Something Amazing – Respiratory TherapistWalk in My Shoes: Hospital CEO Turns Respiratory Therapist for a DayLife and Breath- A Presentation of the Respiratory Therapy Career  The RequirementsRespiratory therapists need to have at least an associate’s degree from an accredited respiratory therapy program. Many respiratory therapists also go on to get their bachelor’s or master’s degree in the field. They can get certification via multiple-choice exams offered by The National Board for Respiratory Care- and although this is technically voluntary, at this point 49 states require some form of licensing or certification. Be sure to check your own state to see what’s required of respiratory therapists.The SkillsThe respiratory therapy field calls for a number of special skills and knowledge bases, including:Attention to detailCritical thinkingPatient evaluationAnatomy and physiology (especially cardiopulmonary physiology and pathophysiology)Disease managementMedical technologyThe PayPer the U.S. Bureau of Labor Statistics (BLS), the median salary for respiratory therapists is $56,730, or $27.27 per hour. According to PayScale, the field has a â€Å"very strong† job satisfaction rating among surveyed therapists.The OutlookAs with so many Allied Health careers, the respiratory therapy field is expanding, and will continue to do so. The BLS  expects that the job will grow by at least 12% by 2024, which is faster than average.Interested? APPLY HERE

Wal-Mart Case Study Example | Topics and Well Written Essays - 1000 words

Wal-Mart - Case Study Example (Wal-Mart) Currently, Wal-Mart operates worldwide through the Wal-Mart Stores, Sam's Club franchises, and International. Wal-Mart offers everything starting from necessities such as food, clothing, health, beauty and household items, cleaning products, electronics and others. Wal-Mart currently operates almost 4,000 stores in the U.S., and more than 2,700 stores outside the United States. Wal-Mart has been an attractive target for lawsuits for so long. The company's policy about this has been to admit their fault and settle the claim, otherwise take the matter to court. This practice of Wal-Mart's has proven effective in keeping the number of lawsuits piling at bay. (Willing) The company has been growing at a remarkable pace. Wal-Mart is not content with its present stature to the effect of building and opening hundreds of new stores each year to further boost its supremacy of the United States retail industry. Wal-Mart is looking to further expansion efforts in the future. Industry experts are concerned however, at the rate that Wal-Mart is expanding. At the rate that it is expanding, the older stores are not getting much attention as the newer ones. Patrons who seek are seeking a change and a more modern feel would flock to the nearest "new" competitor. World oil prices are anothe... Patrons who seek are seeking a change and a more modern feel would flock to the nearest "new" competitor. Retail Industry Health The recent years have seen ups and downs in Wal-Mart's performance. These fluctuations are caused my many factors such as world oil prices, globalization, and others. Similar companies such as Target and Costco are also performing well although Wal-Mart remains dominant in this category. National Economic Trends The United States stock market is currently a bear market and said to be on its third leg. (The Market Oracle) When interest rates are on the rise, stock markets are expected to crash. When inflation rate is high, stock prices may decrease, in like manner, stock prices may become overpriced if inflation rate falls. World oil prices are another important factor in determining the prices of stock and the performance of a nation's economy. The skyrocketing of the prices of oil in the world market would cause prices of stocks all around the globe to plummet. The reason for this is almost all industries are dependent on oil for their operations. The United States is also very concerned about the trade deficit with China. China is fast becoming a world leader with the onset of globalization. In terms of prices, most of China's commodities and the labor market offer very competitive prices as compared to the prices of other countries. The past decade has seen the entry of more and more products and services from China. More industries are shifting or outsourcing labor services to China because of the cost-efficiency. The United States feels that the fact that China refuses to raise the value of its currency gives China an unfair advantage when it comes to trade. With more buying power

Process Analysis Essay Example | Topics and Well Written Essays - 500 words - 1

Process Analysis - Essay Example Having checked my latest liquidity statements shows me that I have a little over $14000 combined liquidity in terms of savings, investments, and available credit from my credit cards. This means that in order to go broke by the Christmas season, I would have to spend at least $5000 a month in order to stay in schedule. That wont be hard to do. What with Thanks giving, Halloween, and the Christmas holidays coming up. This ought to be a piece of cake. Thank heavens my parents live in New York. That should speed things up for me. Now, on to the first order of business. First, I have to go online and find the most expensive airline ticket available for my flight home to visit my parents for the Thanksgiving holidays. Economy and business class wont cut it this time. I simply must fly First Class on the way home. Ah, there it is, and it flies non-stop too. That just doubled the ticket price. Charge it! Now, to get myself a seriously decent place to stay in while I am there. Although my parents have never bothered to redecorate my room since I moved out when I left for college, my Justin Timberlake posters still hang in my room. Much as I would love to revisit my wacky teenage, hormonal years, drooling over JT will have to wait. I am on a mission right now. Im still sitting in front of the computer looking for the best deals on hotels in New York. It costs how much to stay at a suite at the Trump Plaza? A 3 day stay ought to wipe out at least half of my savings and credit line. Just a little more to spend now. Clothes, I definitely cant take this trip home without any clothes. But having to check in things and go through security inspection at the airport is such a bane. Not to mention how I am the worst suitcase packer in the world. Looks like Ill be purchasing my clothes when I get back to New York. Now, if I were to spend $2000 on clothes purchases for a 3 day stay.... That looks just about right. Traveling around New York during the holiday season

Economic Impact Of Mega Sports Tourism Essay

Economic Impact Of Mega Sports Tourism Essay The use of sports markets to explore questions of economic interest has a long history as the majority of this literature analyses US sports, notably American football, basketball, baseball, and ice hockey, whilst there is also a considerable interest in soccer, the leading world sport (For example, the 1998 European Short Course Swimming, 1999 European Show Jumping and the 2001 World Half Marathon Championships). Over the past two decades there has been increased competition among cities, regions and countries to host mega sporting events Therefore Government and other proponents of major sporting events usually seek to back up their claims of the event providing an economic boost by commissioning an economic impact statement. For example, Economic Research Associates (1984) study of the Los Angeles Olympics, Humphreys and Plummers (1992) study of the Atlanta Olympics, and KPMG Peat Marwicks (1993) study of the Sydney Olympics. Hosting a sport event has revealed a number of benefits in our communities and of those benefits, some reasons like increasing community visibility, positive psychic income, and enhancing community image are all common and acceptable postulations.   Economic impact in sporting events can be defined as the net change in an economy resulting from a sport event and the change is caused by activity involving the acquisition, operation, development, and use of sport facilities and services (Lieber and Alton, 1983)which in turn generate visitors spending, public spending, employment opportunities, and tax revenue. In study of economic impact Expenditures can be categorized as direct, indirect, and induced effects. For example direct expenditure is the investment needed to meet the increased demand of visitors for goods and services. Indirect effects are the ripple effect of additional rounds of re-circulating the initial spectators dollars. Induced effects are the increase in employment and household income that result from the economic activity fueled by the direct and indirect effects (Dawson, Blahna, Keith, 1993; Howard Crompton, 1995). Sports Economics possesses substantial experience in economic consulting to the sports industry, with specific knowledge of the economic impact of facilities, events, and teams so considering the publicity and scrutiny surrounding such studies, it is imperative to select a firm that not only has substantial experience, but also has a reputation for consistently providing an accurate assessment of economic impact. There are following reasons to conduct economic impact studies of sport events and Firstly, because many sport events in our communities were financed by public tax support, economic impact studies continue to be an important public relations tool for city government. Secondly, there is doubt that sporting events may actually help develop a community in relative to its economy therefore, accurate estimates should be proposed and the results should be reported to community members and Thirdly, as sport is not just an entertainment but an industry so the results of economic impact may be a cornerstone to develop many related businesses in communities. Finally, positive or negative economic results of sport events may be an important method to determine communities draft budget for the coming year so as an example in July of 2001, Beijing was awarded the 2008 Summer Olympic Games so most people assume that such an event will bring enormous economic benefits to the host city not just dur ing the event, but for years afterward. The scale of the organization, facilities and infrastructure required for such a huge undertaking are such that the Games cannot but have substantial economic effects (Sydney 2000 Games, p 2) but what exactly are these economic effects, and how do they affect the quality of life of local residents? The relevance of studies for example, such as these to the Beijing games depends in part on the similarity of the economic conditions in China to previous hosts so it seems logical that a less developed country will have more to gain from long term growth opportunities. Matheson and Baade (2003) argue, however, that the prospects of mega-sporting events are even worse for developing countries and the opportunity costs of providing state of the art facilities are much higher and lack of modern infrastructure requires significant additional investment. Literature Review on Economic Impact Studies Precursor The aim of this literature review is to understand direct and indirect impact of major sports events on economy and understand how major sports can open new dimension in economy. This has been done through referring various journals, articles and magazines; also a survey has been carried out as part of primary research to analyze impact of major sports event on Economy; however validation of data collected is subject to sources and prevailing conditions. Final phase of this study on IPL covers analysis of contribution of IPL to Indian economy, It analyze that how IPL has opened a new dimension for Indian economy to grow and attracts domestic and foreign investors. This phase also covers SWOT analysis of IPL, reasons critical to success of IPL and future ahead. Statement of Purpose Previously many research studies have contributed to understand economic impact of sport and/or recreational events; however most studies are based upon the researchers personal perception and arguable methodology. The purpose of this study was to review previous economic impact studies and to construct framework for conducting an economic impact study. This entire theoretical framework has been tested by analyzing a case study of economic Impact of mega sports events like Indian Premier League on Indian economy. Literature Review To study Economic impact of sports is challenging topic in the field of management fields because estimating the economic impact of sporting events and make some constructive statement is very difficult and subjective. Due to the subjective nature of social science, ideas and methodology vary from person to person for conducting economic impact studies. The main barrier behind conducting social science research is based on the level of competitiveness and belief in understanding of the material. and also social objects are hidden behind a screen of pre-constructed discourses which present the worst barrier to scientific investigation, and countless sociologists believe they are talking about the object of study when they are merely relaying the discourse which, in sport as elsewhere, the object produces about itself, whether through its officials, supporters or journalists (Bourdieu, 1999). Therefore, construction of truly scientific objects implies a break with common representation s, which can notably be effected by taking these pre-notions as the object of study so this report examines the wider benefits that move beyond the economic impact and proffers the adoption of the balanced scorecard approach to event evaluation. This consolidated piece of research builds on the original Measuring Success in 1999 which was based on the premise that major sports events have the potential to achieve significant economic impacts for the host town, city or area but economic impact is now one of the parameters upon which an events success is measured.   Countries, who host the mega sports event, should make a roadmap for significant investments in sports venues and other infrastructure. It is generally assumed that the scale of such event and roadmap of the preparation for it will create large and long lasting economic benefits to the host country. This would result in huge economic benefits that would have significant economic impact. However unfortunately these studies are constructed around misapplications of economic theoretical framework that virtually guarantee their projections will be large. Ex-post studies have consistently showed no evidence of positive economic impacts from mega-sporting events even remotely approaching the estimates in economic impact studies. For example, in the 2008 Summer Olympic Games in Beijing, China have put up huge investments in infrastructure and facility recreation to a new level. The opportunity for long term economic benefits from the mega sports event like Beijing, critically depend on how well mega sports events related investments in venues and infrastructure can be incorporated into the overall economy in the years following the Games In current scenario economic impact studies have become standard operating procedure for supporters of public funding for sports events. It has led to acceptance of their findings by the government and public due to their prevalence with no critical evaluation. Due to the huge investment involve in such high profile mega sports events, large and positive Economic effects are taken as given; the studies confirm what is already believed. The promise of worldwide exposure and economic gain has made hosting these major and regularly scheduled sporting affairs a lucrative goal for aspiring cities around the world (Short 2000, p. 320). Hosting a mega sport event like Olympic, has exhibited a number of large and long lasting benefits in our communities like enhancing community image, increasing community visibility and positive psychic income are all common and acceptable postulations. However, sport is not just limited to an entertainment, also it act as full fledge industry, the results of economic impact may be a cornerstone to develop many related businesses in communities. Positive or negative economic results of sport events may be a critical factor to determine communities draft budget for the coming year. Mega-events such as the Olympic Games require large sums of public money to be spent on venues and infrastructure improvements. Economic impact studies are often commissioned In order to justify the use of large sum of public money towards invariably large inflows of money that will have a long-term positive effect on the economy by such means as job creation and visitor spending. Scale of the mega sports event which attract large amounts of money from outside a local economy, are forecasted to have economic impacts in the billions of dollars The simple elegance of economic impact studies, injections of money circulating over and over in an economy to create a multiplier effect, has an alluring something for-nothing quality that is hard to refute. However to justify a counter argument can be difficult due to numerous mistakes made in economic impact studies. Critics have focused on numerous subjective areas like: 1) using multipliers that are too large, 2) treating costs as benefits, 3) ignoring opportunity costs and 4) using gross spending instead of net changes. In hosting mega sports event the major part of investment required on constructing stadiums, which to a large degree is spent on hiring construction workers and purchasing materials from local suppliers, is counted as a benefit to the local economy.