Resource: Week 1 topic and the “Opposing Viewpoints in Context.”
Optional Resource: Writing Resources lab

Locate the topic you chose in Week 1 using the “Opposing Viewpoints in Context.”
Select two viewpoints from those listed on the page.
Write a 200- to 300-word essay on your topic that includes responses to the following:

Introduce the topic you selected and briefly discuss why people might think differently about the topic. (50 to 75 words)
Explain the two different viewpoints you selected. The goal of your explanation is to help your reader understand the reasoning for each viewpoint. (100 to 150 words total)
For each viewpoint, identify one intellectual standard of thinking that is used well and one that is lacking. Review the intellectual standards of thinking discussed on p. 91 and Exhibit 5.1 on p. 102 of Ch. 5 of your text. (50 to 75 words total

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Question
In 1994, O.J. Simpson, former college and NFL superstar and, at the
time, actor and celebrity, was charged with the murder of his ex-wife and
her friend, Ronald Godman. It was among the most famous and
notorious criminal trials of the 20th Century. In 1995, a Los Angeles jury
found Mr. Simpson to be not guilty in the criminal case. In 1997, the
parents of Ron Goldman won a civil suit for damages against Mr.
Simpson based on the same events, facts etc. The Goldmans obtained a
large judgment against Mr. Simpson.
This handout is about burden of proof and the standard of burden of
proof. It wonders, how can it be that Mr. Simpson is found not guilty in
the criminal case and then liable in the civil case. To answer this
question, you must understand the interrelationship between the standard
of burden of proof in criminal and civil cases. Please answer these
questions. [Note: Just do your best on these. Neither the slides nor the
notes provide absolute answers.]
1. What is burden of proof?
2. What is the “standard of burden of proof” for criminal and for civil
cases?
3. If Mr. Simpson had been found guilty in the criminal case, how
might this have affected the civil case?
4. Given that Mr. Simpson was found not guilty, how is it that
plaintiffs could still file a civil action against him later?

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Note: This is a two-part assignment that consists of two different contract analysis scenarios. Please answer both scenarios on one document, and upload it to Blackboard.

Contract analysis scenario one—damages determination: Alfred and Barbara own adjoining farms in Dry County, an area where all agriculture requires irrigation. Alfred bought a well-drilling rig and drilled a 400-foot well from which he drew drinking water. Barbara needed no additional irrigation water, but in January 1985, she asked Alfred on what terms he would drill a well near her house to supply better-tasting drinking water than the county water she has been using for years. Alfred said that because he had never before drilled a well for hire, he would charge Barbara only $10 per foot, about one dollar more than his expected cost. Alfred said that he would drill to a maximum depth of 600 feet, which is the deepest his rig could reach. Barbara said, “OK—as long as you can guarantee completion by June 1, we have a deal.” Alfred agreed, and he asked for $3,500 in advance, with any further payment or refund to be made on completion. Barbara said, “OK,” and she paid Alfred $3,500.

Alfred started to drill on May 1. He had reached a depth of 200 feet on May 10 when his drill struck rock and broke, plugging the hole. The accident was unavoidable. It had cost Alfred $12 per foot to drill this 200 feet. Alfred said he would not charge Barbara for drilling the useless hole in the ground, but he would have to start a new well close by and could not promise its completion before July 1.

Barbara, annoyed by Alfred’s failure, refused to let him start another well. On June 1, she contracted with Carl to drill a well. Carl agreed to drill to a maximum depth of 350 feet for $4,500, which Barbara also paid in advance, but Carl could not start drilling until October 1. He completed drilling and struck water at 300 feet on October 30.

BBA 3210, Business Law 5
In July, Barbara sued Alfred, seeking to recover her $3,500 paid to Alfred, plus the $4,500 paid to Carl.

On August 1, Dry County’s dam failed, thus reducing the amount of water available for irrigation. Barbara lost her apple crop worth $15,000. The loss could have been avoided by pumping from Barbara’s well if it had been operational by August 1. Barbara amended her complaint to add the $15,000 loss.

In a minimum of a 1,000-word contract analysis, discuss Barbara’s suit against Alfred. What are Barbara’s rights, and what damages, if any, will she recover?

Cite any direct quotes or paraphrased material from outside sources. Use APA format.

Contract analysis scenario two—remedies determination: Mundo manufactures printing presses. Extra, a publisher of a local newspaper, had decided to purchase new presses. Rep, a representative of Mundo, met with Boss, the president of Extra, to describe the advantages of Mundo’s new press. Rep also drew rough plans of the alterations that would be required in Extra’s pressroom to accommodate the new presses, including additional floor space and new electrical installations, and Rep left the plans with Boss.

On December 1, Boss received a letter signed by Seller, a member of Mundo’s sales staff, offering to sell the required number of presses at a cost of $2.4 million. The offer contained provisions relating to the delivery schedule, warranties, and payment terms but did not specify a particular mode of acceptance of the offer. Boss immediately decided to accept the offer and telephoned Seller’s office. Seller was out of town, and Boss left the following message: “Looks good. I’m sold. Call me when you get back so we can discuss details.”

Using the rough plans drawn by Rep, Boss also directed that work begin on the necessary pressroom renovations. By December 4, a wall had been demolished in the pressroom, and a contract had been signed for the new electrical installations.

On December 5, the President of the United States announced a ban on foreign imports of computerized heavy equipment. The ban removed—from the American market—a foreign manufacturer that had been the only competitor of Mundo. That afternoon, Boss received an email from Mundo stating, “All outstanding offers are withdrawn.” In a subsequent telephone conversation, Seller told Boss that Mundo would not deliver the presses for less than $2.9 million.

In a minimum of a 1,000-word contract analysis, discuss the following questions: Was Mundo obligated to sell the presses to Extra for $2.4 million? Assume Mundo was so obligated. What are Extra’s rights and remedies against Mundo?

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Jacob wants to sell his current home and purchase a new home to live in. He purchased the house on 31 October 1987 for a cost of $190,000 and also incurred legal costs of $1,900 and stamp duty of $4,850 in relation to the purchase. Jacob has lived in the house as his main residence since then, except for a period from 31 December 2006 to 31 December 2014. The market value of the house at 31 December 2006 was $290,000.
In order to sell this house, Jacob needs to undertake some repair work as follows;
Repainting the whole house $6,200
Building a fence to make the front of the house more presentable $3,600
Repairing the front porch that has begun to fall down $2,400
He has found a perfect house to buy, so may have to buy it before he sells his first house, meaning there may be a period of time where he owns two houses. He could sell his first house for $480,000.
During the year Jacob saved a boy from a shark attack while he was patrolling his local beach in his capacity as a volunteer lifesaver. The boy’s parents gave Jacob an Apple watch worth $650. He was also given a medal for bravery for saving this boy.
In addition to the above transactions, Jacob had the following income and expenses for the year ended 30 June 2016;
Income $
Salary (occupation – teacher) 72,000
Franked dividends from Telstra shares 2,850
Holiday received for opening a new savings account with his bank 3,200
Family Tax Benefit for his 10yr old son (Jacob is a sole parent) 1,300
Expenditure
Purchase of work clothing and shoes 450
Use of private car for school activities – See additional information below
Costs of studying a masters of teaching in order to obtain a promotion 3,650
This total includes $1,850 for a laptop purchased 1/2/16
Superannuation contributions for himself 3,000
Tax Agent fees 750
PAYG withholding from his salary 15,900
Additional Information;
Jacob used his CX-9 (purchased in June 2013 for $42,000) for school activities.
During the year he travelled 25,000 km, of which 5,600 were for school purposes. Running expenses include;
Registration and insurance $1,700
Fuel $2,080
Speeding fine $450
Repairs and services $750
REQUIRED:
Prepare a Letter of Advice to Jacob that outlines/discusses/explains the following:
1. The tax implications of the sale of his first house and purchase of new house, including any exemptions available and noting any additional information you may require from Jacob.
Calculate the assessable gain, if any. (10 marks)
2. The tax implications of the expenditure on his house. (5 marks)
3. The tax implications of receiving the apple watch and bravery medal. (4 marks)
4. The assessability and deductibility of all the other items listed in the information as you calculate Jacob’s taxable income for the year ended 30 June 2016. (10 marks)
5. The tax payable/ (refundable) for Jacob for the year ended 30 June 2016, including all additional levies and tax offsets. (7 marks)
Important Note:
Jacob is an astute taxpayer and questions every piece of tax advice given to him. To ensure Jacob is satisfied with your advice, you will need to provide adequate (but concise) explanations about the income tax treatment of all these items above.
As such, you will need to support all your discussion and interpretation with reference to legislation, cases or rulings. Referencing the Master Tax Guide will not be appropriate as this is not the authority, but rather assists your understanding of the legislation, cases and rulings. Also, copying entire sections of legislation, cases or rulings will not be appropriate, as Jacob wants your advice provided in a way he can understand.
If you need to make assumptions in the absence of specific information that will be provided by Jacob later, you may need to make a decision that moves in a particular direction, but provide a brief explanation if another course of action is appropriate.
Your advice should be provided formally in a professional letter addressed directly to Jacob (not an essay about him), addressing each issue as necessary. Remember, quantity does not always equate to quality, so be concise in your response.
A total of 4 marks (i.e. 10% of the marks available for the assignment) will be allocated to these areas of referencing, formatting and presentation, so make sure you earn these marks as well.

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The post Prepare a Letter of Advice to Jacob that outlines/discusses/explains the following: 1. The tax implications of the sale of his first house and purchase of new house, including any exemptions available and noting any additional information you may require from Jacob. Calculate the assessable gain, if any. appeared first on BEST NURSING TUTORS .

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