Innominate contracts - Free Essay Example

Sample details Pages: 7 Words: 2036 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Tags: Contract Law Essay Did you like this example? What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally à ¢without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a law of contract. Don’t waste time! Our writers will create an original "Innominate contracts" essay for you Create order The latter is far more familiar to the modern legal scholar. In most current jurisdictions there is a unified concept of that which constitutes a contract. For example, in the UK, the existence of a contract is determined by a à ¢Ã¢â€š ¬Ã…“checklistà ¢Ã¢â€š ¬Ã‚  of common factors: offer, acceptance, intention to create legal relations, certainty etc. This is not so in the Roman code which possessed instead a list of varieties of contract. This gave rise to a need for classification of contracts according to type. Thus, jurists such as Justinian divide contracts into categories such as Real and Consensual which are further sub-categorised. The innominate contracts are in effect defined by their inability to fit into such established categories and their identification is therefore negative in character. Therefore, to begin to understand the place of the innominate contracts in Roman Law, it is necessary briefly to consider the nature and extent of their named cousins. The Real Contracts according to Justinian consisted of: Mutuum essentially a loan but with the expectation that the item in question would be consumed and therefore repayment would be by means of an equivalent item or its value; Commodatum a loan for use only; Depositum a loan for safekeeping but not for use; and Pignus the provision of security by the transfer of possession of an item. The Consensual Contracts are more familiar in character to the modern lawyer and consist of: Emptio Venditio the traditional contract of sale requiring certain specific elements the thing, the price and consent; Locatio Conduction this is frequently translated as à ¢Ã¢â€š ¬Ã…“hireà ¢Ã¢â€š ¬Ã‚  but covered contracts as diverse as a lease of land and a contract of employment; Societas this is the familiar contract of partnership whereby individuals agree to co-operate together for a common purpose but could have a wider application such as an agreement to contribute to the costs of a journey; and Mandatum this was an unusual species of contract in which one party agreed gratuitously to perform services for another; the absence of the traditional elements of bargain and consideration underlines the ability of Roman Law to characterise as a contract an arrangement which would not fall within any definition provided by a unified code of contract. That said, the early law recognised the existence of the contracts verbis and literis whose essential character is evident from their names. It is the above system of classification which leaves room for other types of contract which do not conform with the requirements of any of the above classes. It might be said that Roman Law, like Nature, à ¢Ã¢â€š ¬Ã…“abhors a vacuumà ¢Ã¢â€š ¬Ã‚  and this gave rise to the evolution of the innominate contracts. The four principal innominate contracts are those which have attracted the attention of commentators because of their practical importance. They are: Transactio; Aestimatum; Permutatio; and Precarium. It should be noted that the development of these types of contract was not uniform and occurred at various stages throughout the life of Roman jurisprudence. It is generally recognised that the emergence of these forms was to remedy perceived gaps in the codified law. For example, Nicholas[1] suggests: à ¢Ã¢â€š ¬Ã…“The four real and four consensual contracts, together with the contracts verbis and literis, exhaust the Institutional list of contracts, but the list leaves gaps and uncertainties. It leaves gaps because it excludes several common types of agreement, such as exchange or any agreement which calls for the payment of a reasonable price (e.g. an agreement for the making of repairs the extent of which cannot be exactly foreseen). It leaves uncertainties because, while it may be clear that a given agreement is a contract, there is doubt as to the particular heading under which it should be placed.à ¢Ã¢â€š ¬Ã‚  This sentiment is echoed by Borkowski and du Plessis[2] : à ¢Ã¢â€š ¬Ã…“Their [innominate contractsà ¢Ã¢â€š ¬Ã¢â€ž ¢] development owes much to the fact that the number of contracts in Roman law was quite limited throughout much of Romeà ¢Ã¢â€š ¬Ã¢â€ž ¢s legal history. The need was eventually felt to give certain agreements contractual force, even though they did not constitute any of the recognised contracts, as in the case of barter (permutatio) for example.à ¢Ã¢â€š ¬Ã‚  As elsewhere in Roman Law, the development of these forms of contract was linked to the need to identify an appropriate action to enforce a right. Thus in the case of a barter, the plaintiff would previously have been required to bring a condictio to recover property which had passed into the possession of the other party or even commence an action for fraud. The deficiency of these remedies was that, if successful, they restored the parties to the position in which they would have been had the bargain not been struck and took no account of the potential adv antage to be derived from performance of the agreement. The common characteristic of innominate contracts is that they can each be said to be a species of agreement for some type of mutual service and in each instance there had been some fulfilment of the bargain by one or other party. In this respect there might be found echoes in the modern doctrine of part performance. Each of the four principal types of innominate contract will now be considered in turn. Transactio This was the compromise or informal settlement of a legal action. This should be contrasted with the formal settlement of such actions by means of stipulatio after which any express penalty contained therein could be enforced or an aggrieved party could sue on the basis of the stipulation. Difficulties arose, however, where there had been an informal compromise upon the performance of which one party had reneged. Accordingly, there developed the actio prescriptis verbis (à ¢Ã¢â€š ¬Ã…“the action of the introdu ctory wordsà ¢Ã¢â€š ¬Ã‚ ) which was a general form of action. It was through the use of this procedure that it came to be established that such agreements should be regarded as contractually enforceable provided that there had been some performance by one side. Thus it should be noted that Justinian did not create a new form of action; he simply gave recognition to principles which had already begun to evolve. The importance of the acknowledgement of this type of contract is that it introduced certainty into situations where there might previously have been none. A transactio could be entered into before judgment or even after judgment if there was some scope for uncertainty as to further developments, e.g. if the judgment was regarded as suspect for some reason or where the parties wished to limit their exposure to a further appeal. Interestingly, while Borkowski and du Plessis (Op. Cit., p.307) cite transactio as the first of the most important innominate contracts, Nicholas (Op . Cit., passim) appears to ignore its existence altogether. This underlines the fact that the innominate contracts should not be regarded as a supplement to the existing system of classification but should be seen instead as a practical means of remedying lacunae in the law on an ad hoc basis. Aestimatum This parallels the modern commercial practice of à ¢Ã¢â€š ¬Ã…“sale or returnà ¢Ã¢â€š ¬Ã‚ . A party entrusted possession of an item to another on the basis that if it were sold, the latter would account to the former for its value. This principle was developed to the extent that the remedy would not simply be available in the event of a sale and lack of remuneration but also in situations in which a time limit for sale or return was specified. Aestimatum is a good example of the necessary refinement of pre-existing principles. As has been seen in the discussion above, this type of joint venture might arguably be covered by the defined contract of societas but the involveme nt of issues of possession as distinct from ownership or the transfer of title renders the latter mechanism with its emphasis upon the concept of partnership clumsy. Similarly, while recourse to mutuum may seem superficially to meet the situation, the element of the ability of the bailee to return the item with impunity places it outside this formal category. Permutatio This was significant in that it elevated agreements of exchange or barter to the status of contracts. It had previously been the prevailing view that no such contract was capable of amounting to a sale. However, it should not be supposed that every such agreement became a contract. As in the case of the other innominate contracts, there was a strong emphasis upon some element of part performance with a requirement that some money must change hands as an integral part of the agreement. The advantage of recognising this type of arrangement as a contract lay in the fact that it became a duty to pass ownership. A s a result, a transferee could sue in respect of any defect in title before the rightful owner began to enforce his rights. It may be observed that this represented a late recognition of this type of contract and the culmination of a classic dispute between the Sabinians (see Nicholas, Op. Cit., p.174) and the Proculians with the former asserting barter as contract and the latter suggesting that unless the price were in money it would be impossible to distinguish buyer from seller and determine the duties and obligations of the respective parties. Thus the insistence of the money element in permutatio may be regarded as a form of compromise between these classically conflicting views. Precarium This has its nearest parallel in the modern law in the formula of the tenancy at will. Precarium consisted of the gratuitous grant of the enjoyment of land or chattels. However, the comparison is not exact because there will generally be some form of consideration however nominal for a tenancy at will. This is a useful example of the means by which innominate contracts came into being. It was Justinian who allowed the use of the actio prescriptis verbis (discussed above) in respect of this type of agreement thus paving the way for its inclusion in the category of contracts, albeit innominate. It should be carefully noted that the four examples given above are regarded as prime specimens of innominate contracts but the list is neither exhaustive or closed. Nicholas[3] observes: à ¢Ã¢â€š ¬Ã…“The more important types [of innominate contract] in fact have names such as permutatio (exchange) and aestimatum, but this must not be allowed to obscure the significance of innominate contracts, which lies precisely in the generality of the principle which they represent. For this principle goes a long way towards filling the gaps and resolving the uncertainties left by the system of typical contracts.à ¢Ã¢â€š ¬Ã‚  In conclusion it is submitted that this repres ents a concise and cogent commentary upon the importance of innominate contracts. The rigid classification of contracts into particular types gave rise to a situation in which a perfectly valid agreement which ought to have been capable of being enforced through the mechanism of the law could fail merely by dint of the fact that an appropriate à ¢Ã¢â€š ¬Ã…“labelà ¢Ã¢â€š ¬Ã‚  had not been attached to meet the situation in question. The value of Justinianà ¢Ã¢â€š ¬Ã¢â€ž ¢s recognition of such further categories albeit remaining without name is to remedy this deficiency. It may be argued, however, that if Roman Law were to have developed a unified and generally applicable theory which allowed the identification of any agreement as a contract, such remedial work might not have been necessary. Bibliography Borkowski, A. du Plessis, P., Textbook on Roman Law, (3rd Ed., 2005) Nicholas, B., An Introduction to Roman Law, (1975) Stein, P., Roman Law in European History, ( 1999) Institutes of Justinian, www.members-aol.com/hsauertieg/institutes Footnotes [1] Nicholas, B., An Introduction to Roman Law, (1975), p. 189 [2] Borkowski, A. du Plessis, P., Textbook on Roman Law (3rd Ed., 2005), p.307 [3] Op. Cit., p.191

Gun Control Annotated Bibliography - 738 Words

Frates, Chris. â€Å"The Gun Debate Isn’t Over Yet.† National Journal (2013): Opposing Viewpoints Resource Center. Web. 31 Oct. 2013. In this article written by Chris Frates, the author talks about how democrats and republicans are going back, and forth on gun control laws. Both parties are finding it difficult to come to an agreement. While leaving republicans asking the question â€Å"How do you take away Americans 2nd Amendment?† It’s a tricky situation as republicans, and congress continue to try find loop holes in the system to force stricter gun control laws. Despite efforts toward compromise, some Republicans doubt that any gun legislation will pass, with or without the support of some GOP (Grand Old Party) senators. As one senior†¦show more content†¦This article shows us how the gun-regulation fight is at a political stalemate. No one is making a move, and the lawmaking process is at a standstill. Congress is simply reflecting a divided public. 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Slavery And Its Impact On Society Essay - 1206 Words

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Examine the Key Features of the Teleological Argument

Examine the key features of the Teleological argument. The word teleological comes from the Greek word ‘Telos’ which means purpose. The teleological argument is a posteriori and like the cosmological argument, attempts to prove the existence of God. It claims that certain phenomena within the universe appear to display features of design and are perfectly adapted to fulfil their function. Therefore, if features of the universe are so perfectly designed, for example the structure and function of the heart, then there must be a designer, which points towards the existence of God. The teleological argument is based around the idea that the universe in some way demands the existence of an intelligent being that designed the universe to†¦show more content†¦The Anthropic argument also features in the design argument and is similar to Paleys analogy. 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Essay on Terrorism - 1340 Words

Terrorism is becoming more and more of a threat to Americans both at home and abroad. International terrorism happens when terrorism occurs out of our country. An example of an International terrorist is Osama bin Laden. Laden is the worlds most dangerous terrorist. Laden shows genocidal tendency by killing Americans through-out the world from the bombings of the World Trade Center to the embassy bombings in Africa. The African blasts killed more than 250 people. The FBI has been tracking him for more that four years and they still couldnt stop him from striking Americans overseas and cant stop him now with the current foreign policy that has been adopted. He feels that all Christians and Jews worldwide need to be exterminated because†¦show more content†¦The thing that bin Laden still has is his vast wealth regardless of what damage was inflicted on his operation by the cruise-missile strikes. Bin Laden’s resources are hidden in several countries in what many call fr ont companies, and this is going to make it difficult to track down bin Ladens assets some government officials worry (quot;Costlyquot; 6)(kelley 2). Cannistraro said, quot;while weve aggressively targeted his financial flows of money, which is the lifeblood of the organization a lot of it is still out of reach. Were not going to be able to put him out of businessquot; (Kelley 2). After such strikes against bin Laden, it is important to understand what consequences have occurred and could occur because of the American strikes. The first factor of a terrorist attack is the terrorists motivation to carry out their attacks, and the second being their capability to carry out their attacks. The director of The International Policy Institute for Counter-Terrorism, Boaz Ganor, asserts that often such retaliation against a terrorist group will quot;by its very nature,quot; increase the terrorists motivation quot;to take revenge for the damage to their capabilities and to their image.quot; H owever, quot;such strikes wont increase their ability to carry out more attacks; and at best, will greatly damage their capabilities to do so.quot; But binShow MoreRelatedTerrorism : Terrorism And Terrorism1326 Words   |  6 Pagesallowing terrorism to be successful and continue. Terrorists gain power through the common, innocent people they attack. How the world responds to terrorist attacks determines whether or not terrorism will cease. The common people’s response to terrorism, the interest of the state, and the media’s role in terrorism all aide to terrorism’s success and its continuation in the future. How people willingly choose to respond to terrorist attacks defines terrorism and determines if terrorism will continueRead MoreTerrorism : Terrorism And Terrorism1035 Words   |  5 PagesOver the past Century, terrorism has advanced from random killings to enormous plans for terrorist groups. To understand terrorism you must first define it. Terrorism as we all know it is hard to define and understand, and has many different definitions as it is used widely. The word terrorism stems from the word terror, which means to instill fear in. People become terrorists when they take the actions towards instilling fear and terror upon people to prove a certain point or agenda. Some terroristsRead MoreTerrorism : Terrorism And Terrorism1626 Words   |  7 PagesTerrorism can be categorized as â€Å"the use of intentionally indiscriminate violence as means to create terror, or fear, to achieve a political, religious, or ideological aim (Fortna).† Although there is no formal definiti on of terrorism, we typically associate the words terrorism and terrorists with acts of violence that are used unlawfully to intimidate in pursuance of political gain. Terrorists do not act at random, but rather use violence to maximize on fear and publicity with a specific goal inRead MoreTerrorism : Terrorism And Terrorism1126 Words   |  5 PagesTerrorism Have you ever had a fear for your family, your town, your country, or your world. How about the fear to have everything taken from you, destroyed, and not caring if it has hurt you or not? What about your fear and pain is, and can be someone else’s happiness? The fear of you being terrorized? That is terrorism. Someone else bringing fear and terrorizing you. That is a terrorist’s goal. Terrorism is common and is very difficult to stop. The government promises protection for the peopleRead MoreTerrorism And Terrorism : Terrorism1231 Words   |  5 Pages Terrorism is a common term used in the media and news everyday, especially in the United States. We are in a constant battle against ‘terrorism’, â€Å"Counterterrorism has to be woven into the everyday workings of every department. It should be included on the agenda of every meeting†¦Ã¢â‚¬  (Kelling Bratton, 2006). Terrorism and How to Respond All terrorism is criminal but not all criminals are terrorists. Terrorism unlike most crimes has a political agenda behind it. Many terrorists are involved withRead MoreTerrorism : Terrorism And Terrorism851 Words   |  4 PagesTerrorist attacks are major threats that could occur in any nation. Terrorism is one of those things that can happen at any time. It will strike in small, medium and large cities. Although we will never be able to remove all risk from terrorism, we can definitely reduce the risk through hazard mitigation and disaster preparedness (GBRA, 2011). To better understand terrorism we need to know what it is. Terrorism can be defined as the use of force or violence against persons or property in violationRead MoreTerrorism : Terrorism And Terrorism1377 Words   |  6 PagesTerrorism in Sudan In the past, Sudan had been designated as a State Sponsor of Terrorism regarding support for international terrorist groups. However, Sudan has changed its approach ever since the 9/11 attacks has been aiding the United States in diminishing the pervasiveness of terrorist groups in Sudan, and in the world. Recently, Sudan has remained cooperative with the United States in its war on counter terrorism. Sudan has taken many preventive measures to keep these terrorist groups outRead MoreThe Effects Of Terrorism On Terrorism And Terrorism944 Words   |  4 PagesEffects of Terrorism â€Å"The history of terrorism is a history of well-known and historically significant individuals, entities, and incidents associated, whether rightly or wrongly, with terrorism,† (History of Terrorism). The history of terrorism is a long bloody road. One of the bloodiest of acts of terrorism in the early years, was the reign of terror. In which, the Jacobin leader, Maximilien Robespierre, executed 40,000 people. Newspapers coined the word â€Å"Terrorism† as a way of describing RobespierreRead MoreTerrorism Between Terrorism And Terrorism1207 Words   |  5 PagesQuestion † What trends are evident in terrorism over the past 5 years? How have these trends impacted on the ways in which counter terrorism has responded in the Australian context? Introduction Terrorism poses a serious security challenge to the Australia and globally as it prevalence has increased over a decade although less attacks occur in the Western nations. The purpose of this assignment is to examine what trends and terrorist tactics are evident internationally over the past 5 years andRead MoreTerrorism Between Terrorism And Terrorism2012 Words   |  9 PagesTerrorism has played a brutal and alarming role in societies across the world. Many nations have been confronted with the need to develop solutions in the wake of tragedies caused by terrorism. Unfortunately, terrorist organizations are still operating and terrorist acts have continued. Many questions that have still gone unanswered despite careful study, but governments are finding some relief when collaborating with anti-terrorism organizations (Fischer, 2002). Terrorists have struck almost everywhere

Australian Accounting and Contemporary Issues

Question: Discuss about the Australian Accounting and Contemporary Issues. Answer: Introduction The current study elucidates in detail the detailed objectives of the conceptual framework and the qualitative characteristics of the financial framework. The present report thereafter explicates in detail the extent to which the financial statements of the firm BHP Billiton adheres to the conceptual framework. BHP Billiton is a well-known firm in Australia that primarily deals with the effective production of the iron ore, oil and gas and uranium and many others. The corporation BHP Billiton effectually handles and controls huge mines from which the company generates revenue. The company reportedly generated revenue of approximately 61 billion during the year 2015 along with a profit amount of roughly 2 billion. The declined profit of the corporation during the period 2015 acted as an impediment in the sustainable operations of the company (Bhpbilliton.com, 2016). Objectives of the conceptual framework As rightly indicated by Apostolou et al., (2013), the objective of the conceptual framework is to deliver a strong foundation for development of a standard framework and to establish an enhanced Conceptual Framework. The revised conceptual framework is essentially grounded on basic economic principles rather than an assortment of arbitrary resolution. The conceptual framework can eventually replace the existent IASB as well as the FASB structure and sets a common basis for both of the two Boards. This in turn can eliminate the overall risk of arriving at different conclusions regarding identical and similar problems. The absence of the conceptual framework would have led to the development of accounting standards and principles in a very haphazard manner to deal with different issues that might arise. The non-existence of the conceptual framework can also lead to development of accounting standards that are inconsistent with one another as well as the legislation. Alexander (2013) op ines that following a single conceptual framework can help the preparers as well as users of financial declarations to comprehend accounting practices as well as accounting standards that are founded on a common philosophy. Again, the conceptual framework also offers guidance for different unusual business transactions that might otherwise be used for analysis. There are certain individuals who believe that following a particular conceptual framework can help in the process of improvement of the overall credibility of the entire accounting profession. Barth (2013) affirms that the conceptual framework institutes different concepts and at the same time ideas that can outline the entire process of preparation as well as presentation of the financial reports for different users of the financial information. Bonin (2013) declares that the conceptual framework addresses specific objectives of financial reporting, qualitative characteristics of different financial information and reporting entity. In addition to this, the conceptual framework also can define, identify and enumerate different components that are used for preparation of financial announcements. Moreover, the conceptual framework also helps in addressing significant concepts of both capital as well as maintenance of capital. Qualitative characteristics of the conceptual framework As rightly mentioned by Botzem (2012), the qualitative features of important financial information distinguishes between two different categories of qualitative characteristics that are necessary to deliver important financial information. The qualitative characteristics therefore can be differentiated as fundamental qualitative characteristics and the enhancing qualitative characteristics. The fundamental characteristics essentially include the relevance as well as faithful representation. On the other hand, the enhancing qualitative characteristics of the conceptual framework comprises of the comparability, timeliness, verifiability as well as comprehensibility (Brigham Ehrhardt, 2013). The fundamental characteristics of relevance refer to a fundamental qualitative characteristics that refers to the potential to make a difference in the process of arriving at decisions made by different users. Thus, in a bid to make a difference, the financial information contains a predictive, confirmatory value or else both the values. The framework essentially extends the principle of materiality as a component of relevance. Nevertheless, the boards have necessarily clarified that materiality is essentially a firm specific factor of the characteristic of relevance that is founded on the nature or else the magnitude of different items that can be related to the information. Deegan (2012) affirms that the faithful representation refers to another category of the fundamental qualitative characteristics that can replace the previously used term reliability. The board has presently determined that there remains inadequacy of common understanding regarding reliability. However the fina ncial information that faithfully reflects economic occurrences generally have three different features as well as characteristics. The financial information that faithfully replicates fact are essentially complete, neutral as well as free from errors (Deegan, 2013). In addition to this, the purpose and intention of the enhancing qualitative characteristics are to augment both the relevance as well as faithful representation of particular financial information. Therefore, this features need to be optimized both individually as well as in amalgamation (Zhou et al., 2016). The characteristics and features of comparability can help in identification of similarities as well as dissimilarities among different items, diverse period of time within a specific set of financial declarations and across different reporting entities. Verifiability refers to the new principle that enables knowledgeable as well as independent observers to attain a consensus regarding a specific depiction of a particular event or else transactions (Linsmeier, 2016). The timeliness refers to a particular feature under the conceptual framework that emphasizes on the maintenance of balance between timely reporting as well as dependable information. Again, the understand ability has also been carried forward from the present framework and this requires clear as well as concise presentation that is essentially understandable by others (Macve, 2015). Analysis of the conceptual framework from the financial reports BHP Billiton In accordance to the compliance announcements of the company BHP Billiton, it can thus be inferred that the general purpose financial reports of the firm is in compliance with the Corporation Act of the year 2001. Moreover, the general purpose financial reports (GPFR) of the corporation BHP Billiton has also been arranged, prepared as well as presented after taking account diverse accounting rules, regulations, principles as conditioned under the Australian Accounting standards Board. This compliance with the accounting standards, regulations, directives as well as notions can help in assuring the fact that the financial announcement so the firm are developed as per the regulations of the International Financial Reporting Standards (IFRS). However, the analysis of the GPFR also helps in understanding the fact that the basis of preparation that is primarily used for the preparation of the reports for this company essentially adheres with the conceptual structure of accounting (Zhang Andrew, 2014). Thus, it can be said that the financial dimensions as well as measurements are necessarily founded on the historical cost barring certain assets as well as liabilities. Moreover, the conceptual framework also presents different criteria for recognition. The critical evaluation of the financial report reveals the fact the company recognizes the revenue at the fair value under different conditions. Again, the contracts of leases are essentially posted in financial accounts by following a straight line basis over a particular duration of time. Moreover, the company recognizes the borrowings at fair value and account payables are necessarily recognized at the amortised cost. In addition to this, there are different items that can be enumerated according to the recognition criteria as stated in the accounting regulations. The BHP Billiton also conforms to the regulations stated under Corporation Act 2001 as well as UK Companies Act along with the Australian Accounting Stan dards Board (Bhpbilliton.com, 2016). Evaluation of the financial declaration of the corporation BHP Billiton The report on expenditure of BHP Billiton during the year 2015 can be analysed effectively by using the figure 1 above. Furthermore, the figure also portrays the inclusive process of valuation of alteration in the expenditure of the corporation during the duration 2014 and 2015. The change in the figure on expenses primarily refers to the entire changes in the strategies of the corporation (Bhpbilliton.com, 2016). In particular, during the year 2015, the corporation chiefly declared profits of around $2878 as compared to the previous years figure recorded to be $15224. Again, the quick decrease in the overall profits mainly refers to the overall loss in companys revenue as well as group earnings of the company BHP Billiton. The analysis of the reports also reveal the fact that the overall expenditure of the corporation has increased during the year 2015 irrespective of the decrease in the earnings. Again, during the period 2015, a supplementary impairment of particularly the plant and property also increased from $336 recorded during the period 2014 to $3448 during the year 2015 (Bhpbilliton.com, 2016). However, the soaring expenses of the company led to the diminished ability of the firm to uphold the cash balance. Botzem (2012) mentions that material misstatements take place at the time when the auditors use the directives as well as regulations of AASB for auditing and can detect irregulari ties in the financial records of the firm. Botzem (2012) affirms that the regulations as well as directives conditioned under particularly the Corporation Act as well as regulations for material misstatements stipulated by the Australian Accounting Standard Board (AASB) (Aasb.gov.au, 2016). Thus, the enforcement of the rules as well as regulations can help in lessening the material misstatements recorded in the financial declarations of the company. Alexander (2013) points out the fact that external audit declarations can also help in identifying the authenticity of the financial announcements of the corporation. However, on the other hand, Barth (2013) asserts that the recognized loopholes as well as disreputable measures utilized by external assessors can lead to overall inflation of figures in statements of the profit and loss as well as balance sheet statement and consequently attract investors. The critical evaluation of the annual report reveals the fact that the administration of the company BHP develops the entire consolidated statement as per the International Financial Reporting Standards as declared by International Accounting Standards Board as outlined under the section 41 that presents essentially the basis of preparation as well as measurement in the financial statements (Bhpbilliton.com, 2016). Moreover, the management also utilizes different non-IFRS measures that facilitate the procedure of investigation of the financial performance. Critical analysis of the Directors Report of the company BHP Billiton The critical analysis of the report presented by the director in the annual report of the company during the period 2015 reflects the fact that this report mainly discusses about the viability as well as authenticity of the financial declarations. Furthermore, the report of the director also mentions that the financial announcements for the company BHP Billiton has been presented as per the regulations stipulated under the Corporation Act 2001 of Australia and the Companies Act UK (Bhpbilliton.com, 2016). Again, detailed evaluation of the directors report also replicates the fact that the management of the corporation do not conform to the regulations conditioned under the New York Stock Exchange (NYSE). In addition to this, the present report also clearly mentions that the financial report of the corporation conform to the International Financial Reporting Standards as presented under Note 41 that reflects essentially the Basis of Preparation and Measurement. Besides, the current re port also warrants the fact that the financial report of the company BHP presents a true as well as fair view of the overall development, performance as well as financial health of the firm. However, the report of the director does not comply with the obligatory requirements of the 303 A section that is essential for firms listed under the NYSE (Bhpbilliton.com, 2016). As such, the detailed analysis of the directors report divulges the fact that all other factors of this report effectually conforms with the regulations as well as the directives laid down by the AASB, Corporation Act as well as Australian government. In accordance with the regulations of AASB APES 110 (code of ethics) declared by the International Accounting Standards, corporations need to take into consideration different ethical considerations. AASB can also implement penalties for violation of the ethical code of conduct (Aasb.gov.au, 2016). Analysis of the remuneration report of the firm BHP Billiton As per the annual announcements of the corporation BHP Billiton, it can be hereby inferred that the remuneration report is directly linked to the financial performance of the company. Nevertheless, the remuneration report of the firm is necessarily assessed by diverse legislations in the country UK as well as Australia. The critical evaluation also complies with the UK Companies Act 2006 together with the Medium Sized firms and groups for the development and preparation of the remuneration report of the firm in UK. Nonetheless, the remuneration report of the company also follows the obligatory requirements of the Australian Corporation Act 2001, AASB as well as the IFRS in Australia (Bhpbilliton.com, 2016). According to the remuneration declaration, the elements of the remuneration comprises of necessarily the base salary, diverse benefits (cash and non- cash), short term and at the same time long time incentives as well as pension. Again, the entire remuneration of the chief executi ve officer is recorded to be $4582 (000) during the period 2015. Nevertheless, the remuneration report of the CEO recorded during the year 2014 was essentially $7988 (000) (Bhpbilliton.com, 2016). Conclusion The above mentioned helps in gaining a detailed overview of the objectives of the conceptual framework and different qualitative characteristics. The current report also helps in gaining deep insight regarding the appraisal of the financial report of BHP Billiton during 2015 and helps in examining the extent to which the company has failed to meet the conceptual framework. The above study analyses the financial reports of the firm, remuneration reports, and directors report declared in the annual report to analyse the fulfilment of the conceptual framework in detail. References Aasb.gov.au. (2016). Australian Accounting Standards Board AASB - Home. [online] Available at: https://www.aasb.gov.au [Accessed 9 Dec. 2016]. Alexander, D., (2013). Financial reporting: the theoretical and regulatory framework. Springer. Apostolou, B., Dorminey, J. W., Hassell, J. M., Watson, S. F. (2013). Accounting education literature review (20102012). Journal of Accounting Education, 31(2), 107-161. Barth, M.E., (2013). Measurement in financial reporting: The need for concepts. Accounting Horizons, 28(2), pp.331-352. Bhpbilliton.com. (2016). BHP Billiton | A leading global resources company. [online] Available at: https://www.bhpbilliton.com [Accessed 9 Dec. 2016]. Bonin, H., (2013). Generational accounting: theory and application. Springer Science Business Media. Botzem, S., (2012). The politics of accounting regulation: Organizing transnational standard setting in financial reporting. Edward Elgar Publishing. Brigham, E.F. Ehrhardt, M.C., (2013). Financial management: Theory practice. Cengage Learning. Cajaiba-Santana, G. (2014). Social innovation: Moving the field forward. A conceptual framework. Technological Forecasting and Social Change, 82, 42-51. Deegan, C., (2012). Australian financial accounting. McGraw-Hill Education Australia. Deegan, C., (2013). Financial accounting theory. McGraw-Hill Education Australia. Donelson, D. C., McInnis, J. M., Mergenthaler, R. D. (2012). Rules-based accounting standards and litigation. The Accounting Review, 87(4), 1247-1279. Linsmeier, T. J. (2016). Revised model for presentation in statement (s) of financial performance: Potential implications for measurement in the conceptual framework. Accounting Horizons, 30(4), 485-498. Macve, R., 2015. A Conceptual Framework for Financial Accounting and Reporting: Vision, Tool, Or Threat?. Routledge. Zhang, Y., Andrew, J. (2014). Financialisation and the conceptual framework. Critical perspectives on accounting, 25(1), 17-26. Zhou, Z., Ou, J., Li, S. (2016). Ecological Accounting: A Research Review and Conceptual Framework. Journal of Environmental Protection, 7(05), 643.

Social Normalities and Voicing of Opposition free essay sample

Brian Crane Throughout history, social norms have dictated the opinions of all members of society to a certain extent. Expressing disapproval of these social norms is a difficult and ambitious task, seeing as one challenging a social norm is essentially disputing, in addition to often disproving, the reasoning and opinions of the majority of any given culture. Take, for example, the ending of ones own life under the circumstances of terminal illness. Now, our basic and most common cultural view on the subject is that suicide is not a natural death and therefore a violation of nature regardless of nes physical condition. However, it is nature itself that has given us as humans the intellect to contemplate such a decision. If nature has enabled us to develop the intellectual ability to contemplate suicide, then one could argue that choosing to end ones life is in fact a natural death simply because nature has allowed us to examine the pros and cons of life or death. We will write a custom essay sample on Social Normalities and Voicing of Opposition or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page However, this is not to say that suicide based on emotional imbalance is in any way Just or morally acceptable. Mental illnesses, which often bring about suicidal deation, can be treated, therefore ridding one of all motivation to end their own life. Generally, those who suffer from mental illnesses cannot be held accountable for their own life because the affective disorder inhibits them from perceiving reality the way they once did. So, the argument that the time of our death should not be a decision we as humans can morally make is somewhat valid although very misguided. It is wrong to look down upon terminally ill people who choose suicide as their cause of death. The many different circumstances leading up to ones death akes this topic too complex for one to claim that choosing life over death is morally applicable and correct in every situation that involves the contemplation of suicide. John West discusses his fathers decision to end his life before enduring the pain, suffering, and eventual death caused by cancer in an excerpt from The Last Goodnights: Assisting My Parents with Their Suicides. Judging from this excerpt, West and his father seem to be very well rounded, cultured individuals in addition to being extremely open minded and emotionally balanced. Wests father was a very mportant fgure in the world of psychiatry. His knowledge on the topic of suicide is obviously very extensive. Their opinions and examinations of this topic are indeed equally as rational as they themselves are as people. Dealing with the death of a parent is hard enough emotionally as it is, but the fact that West is grounded enough to grapple with the complexity and sorrow of assisted suicide is a testament to his extreme emotional maturity. He sheds light on a crucial point in support of his fathers decision as he asks the reader, Should Jolly [my father] have been forced to endure a few more days or eeks of agony Just to satisfy some peoples notions that death should be natural? (33 West) If one were to explore the possible answers to the question West asks above, without an impartial view based on societal influences, it is undeniable that one would agree with the opinion that such a great deal of suffering is not necessary to tultill the requirements ot a morally sound death In tact, it is arguable that Wests decision to assist his father with his suicide and in-turn spare him from such a great deal of pain is actually a more compassionate choice in comparison to xposing him to months of unimaginable pain by denying his fathers request. Again, West implies that suicide is not a natural death. A supplemental argument to his case is missing. If one were to argue that suicide and natural death cannot possibly go hand in hand, then why has nature allowed our intellect to excel to a point at which suicide is even a possible conception for the human race? Later on in the excerpt, West reflects on his memory of when his father asked him to commit assisted suicide. He recalls: I sat up in my chair. I suddenly felt hot and cold at the same time, as I realized hat he meant. But as powerfully as his words registered, the idea behind them didnt seem strange at all. It made sense. He was about to die anyway, so why linger in pain? I knew Id want to do the same thing if I were in his position. (34 West) Jollys contemplation of suicide is undoubtedly a common one of people with analogous situations to his own. Most would find it hard to believe that this wouldnt cross the mind of a person with a terminal illness that would soon lead to unimaginable pain and suffering, followed by death. If exploration of suicide is in act a common happening, why is it that the practice of suicide to avoid agony followed by death is not more common as well? It seems as though the answer to this question is quite simple; It is socially unacceptable to commit such an act solely because it is abnormal. Because abnormality is not a sensible or rational reason not to do something, making the argument that suicide is not a morally righteous death is in-turn irrational and insensible as well. Another challenger of social norms is Catherine Newman, author of I Do. Not. : Why I Wont Marry. Although Newman discusses a very different topic than West does in his short story, the two subjects are very closely related. Newman is a successful writer with a little too much insight on the role of women in society, and the flaws of this role, to happily accept monogamy and more importantly marriage. She breaks down the history of marriage and its original role in society. Marriage represents a very evil concept that very few are even aware of. Newman describes it is as such: marriage is about handing the woman off, like a baton, from her father to her husband. Also known as traffic in women, this is how men have historically solidified their economic connections to other men and guaranteed the continuation of their Seed. (Newman 61) Women were more like bargaining chips for men than soulmates. Marriage is the legal bonding of two families, which doesnt sound very romantic as marriage is made out to be. Although women are no longer owned by their husbands, this ritual is still quite demeaning. Many women experience some feelings of inferiority and in-turn feelings of resentment towards men due to the heavy influence of the media and its bjectification of women. Newman seems to be a prime example of this. Her additional education on the history of the subject has given her an even greater grasp of the hardships of women in our contemporary society which are overlooked more often than not by the general population. Voicing out against the social norm of marriage is extremely commendable and in addition, a betterment of the mentality ot those who are exposed to the underlying implications ot such an act through ner courageous writing. It seems as though many social norms have become so routine to follow and abide y that we rarely ponder the ideas behind them.