...Introduction The High Court’s decision in Dasreef Pty Ltd v Hawchar [2011] HCA 21 has been significant as the threshold requirements for the admissibility of expert evidence are clarified (French 2012). This essay will first discuss the facts of the case, followed by the technical requirements and perceived difficulties related to expert evidence identified by the court in this case. Facts Mr Hawchar, the respondent claimed damages from his employer, Dasreef Pty Ltd, the appellant as he was diagnosed with silicosis allegedly caused by the unsafe working environment. An expert, Dr Basden was retained to provide a report centering on the foreseeability of the alleged injury claimed by Mr Hawchar and procedures that Dasreef could take in reducing the risk of injury. The case originated in the Dust Diseases Tribunal where the judge relied on the estimate of the expert evidence in calculating the levels of silica Mr Hawchar was exposed to. This led to a finding that the level of exposure exceeded the applicable standard and was appealed by Dasreef before the Court of Appeal as to the admissibility of the expert’s report. The Court of Appeal dismissed the appeal on the basis that the estimate provided in the report was drawn from the expert’s experience, and thus admissible. The admissibility issue of the expert evidence was then brought to the High Court before the judges, French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ with Justice Heydon dissented from the majority...
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...allowed those small businesses to implement healthcare insurance for their employees and offers incentives through tax credit. Many hospitals are seeing growth from this legislation being passed. Hospital Corporation of America (HCA) is a system of hospitals based in Nashville, Tennessee. They have hospitals spread throughout the nation. They are seeing profits and room for growth because of the Affordable Healthcare Act. According to Stynes (2014) HCA reported a profit of $518 million with last year’s profits only reaching $365 million. They are seeing more insured younger Americans due to this act. This is not just causing profits to rise but it’s also causing a need for HCA to grow and reach this market. Since it’s a younger market they are mostly focused on acute care because this generation isn’t seeking long term care. In the past this group may not have gone to the doctor as often for preventative care, because lack of insurance and high out of pocket expenses. HCA’s employment handbook states their mission and values, “Above all else, we are committed to the care and improvement of human life. In recognition of this commitment, we will strive to deliver high quality, cost effective healthcare in the communities we serve.” The mission of HCA builds on their values that they have set: * We recognize and affirm the unique and intrinsic worth of each individual. * We treat all those we serve with compassion and kindness. * We act with absolute honesty, integrity...
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...Hospital Corporation of America vs. Tenet Healthcare Heather Darling 22-BA-5080-002 Summer Semester, 2014 SUMMARY Hospital Corporation of America as of now is the biggest player in the hospital care sector. Headquarter in Nashville, TN HCA has been very aggressive in acquisitions and developing all around the United States and in England. They are very quick to turn down a deal with another hospital if they believe that it will not be a profitable deal. One of the things that HCA has done to improve profits that not many other companies have done is to send customers that are not profitable to neighboring public health hospitals. This has increased their profits as well as their wait times in emergency rooms. On the other hand, Tenet Healthcare Corporation is a competitor to HCA, but has been slower to develop in the profitable ways of HCA. Tenet has taken a diversification approach recently in the urgent care business. They have recently opened 23 urgent care facilities, the first company in the hospital sector to do so. Many competitors, including HCA, are waiting to see how TCA does before also going this route. As of now Tenet owns the market in urgent care facilities but as profits increase, other hospital companies may go this route as well. The deal Tenet made with Vanguard is the biggest transaction Tenet has made and signals a shift from the company's problems over the past 10 years. Several Tenet-owned facilities underwent investigations in the early 2000s...
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...THE PERIOD OF 2007-2012 Karina Putri Ramadhani1 and Indra Pratama2 1 Thesis Writer, Swiss German University 2 Thesis Advisor, Swiss German University Abstract The analysis of biological assets valuation with fair value accounting and historical cost accounting method in plantation subsector of Indonesian agricultural industry, in the period of 2007-2012, tries to evaluate the relevance of historical cost towards the fair value of biological assets. It also tries to look for empirical evidence on the differences in calculations on biological assets between FVA and HCA toward company’s EBIT, net income, and potential tax liabilities. The research tests 5 companies within the plantation subsector in agricultural industry listed in Bursa Efek Indonesia (BEI). This study shows that there is a strong correlation between all variables tested. Among all statistical tests conducted, all hypotheses are rejected. This study concludes that the historical value of biological assets does not represent its real fair market value, or irrelevant. Also, the change in biological assets valuation from historical cost to fair value accounting would significantly affect the company’s EBIT, tax expense, and net income. Keywords: Fair Value, Historical Cost, Agricultural Industry, Plantation, Fair Market, EBIT, Tax Expenses, Net Income. 1. Introduction The dynamic market condition, particularly the volatility of the country’s economic conditions will likely affect the company’s performance over...
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...The concept of Fair Value Fair value is defined as “the amount for which an asset could be exchanged between knowledgeable, willing parties in an arm’s length transaction”. Prior to the introduction of Fair Value Accounting (FVA), accounting was carried out on a historical cost basis. However there were many limitations of Historical Cost accounting (HCA). HCA assumes money holds a constant purchasing power. It ignores specific price-level change, general price-level change and fluctuations in exchange rates. During inflationary periods, HCA can become irrelevant and can lead to an erosion of operating capacity. IASB framework states “the objective of financial statements is to provide information about the financial position, performance and changes in financial position of an entity that is useful to a wide range of users in making economic decisions. It also states “financial statements also show the results of stewardship of management, or accountability of management for the resources entrusted to it”. FVA is superior to historical cost accounting for these purposes. FVA is dominant in numerous IFRS’s and IAS’s. The IASB have yet to finalise an IFRS on fair value measurement, but it is expected it will have been completed by early 2011. Furthermore, the IASB is developing extra educational material to accompany the publication of the IFRS on fair value measurement. This material will give a description on the thought process for the measurement of assets, liabilities...
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...consent is the procedure of getting permission to take part in a research study or medical procedure founded on access to all vital and easily understandable information about the consequences of participation in terms of benefits and harms (Dolgoff et al, 2009). A healthcare provider may demand informed consent from a patient before providing care or a researcher may request it from a participant before enrolling the individual into a research trial. Informed consent is based on guidelines provided by research and medical ethics. To give informed consent, the person involved must have sufficient reasoning faculties and have all the relevant facts. However, not all individuals may have capacities for informed consent due to impairments to reasoning and judgment such as mental immaturity, severe intellectual disabilities, mental illnesses, high stress levels, being in a coma, Alzheimer’s disease, and severe sleep deprivation. Medical and research actions may be carried out due to lack of informed consent. When a person is considered unable to give informed consent, another person can be authorized to give consent on behalf of that person (Manson & O'Neill, 2007). For instance, legal guardians or parents may give informed consent for young children and the mentally ill. In case a person is given insufficient information to make a reasoned decision, severe ethical issues may arise. In clinical trials, such cases are anticipated and avoided by Institutional Review Boards or ethics...
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...Title: Fiduciary obligations may spring up by reason of relationships of trust and confidence or confidential relations. Introduction Fiduciary is an important issue arises in business relationships, in partnerships, it helps create a fair business environment for all the parties when working together, in agency, it protects the principles' benefits, in corporations, it may lead the business operates properly and legally. Therefore, fiduciary obligations are closely related to co-operations Trust and confidence are the most important elements in these fiduciary relations, in this essay, the relationship of a fiduciary obligation and above relations will be demonstrated and explained. Table of Content Introduction P.1 Table of Content P.2 The Basic Concept of Fiduciary P.3 Fiduciary Concepts and Obligation vs Partnership Relations P.6 Fiduciary Concepts and Obligation vs Corporate Relations 1. Directors P.8 2. Promoters P.11 Conclusions P.13 Bibliography P.14 The Basic Concept of Fiduciary Fiduciary, under oxford’s dictionaries’ definition, is trustee who is given control or powers of administration of property in trust with a legal obligation to administer the beneficiary’s interest, and the Cambridge dictionary defines “relating to the responsibility to look after someone else's money in a correct way”. It is obvious that the fiduciary concept involves the element of mutual...
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...Amanda Wants Help NAME Axia College of University of Phoenix HCA—250 DATE Amanda Wants Help At 30, Amanda has been abusing different types of substances for about 15 years. Today, she has nicotine, alcohol, and pain medication addictions; and her habits are taking a toll on her health and lifestyle, as currently, she can neither hold a job nor pay her bills. Clearly, Amanda needs help; however, for any support system to have an effect, the addict must express a desire for changing his or her circumstances. In this case, Amanda wants help, so as part of her support system, finding the appropriate recovery program for her will be crucial. Besides the pain medication, drinking alcohol and smoking cigarettes are extremely risky combination. Though it may seem impractical to quit smoking and to stop drinking at the same; Axia College (2010) states that, studies reveal that undergoing treatment for nicotine and alcohol addiction at the same time helps alcoholics to kick the smoking habit. This means that it is possible Amanda can receive treatment to address each aspect of her addiction simultaneously. Few factors that will make the recovery process more difficult for Amanda may have to do with her history with depression that may cause her to turn to alcohol and cigarettes to cope, and her current dependence on painkillers for her back injury. Not finding alternate ways to address these problems could cause her major set-backs. Substance abuse affects men and...
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...Mental Illness: General Anxiety Disorder Kirsten Wolf HCA/240 November 22, 2015 Toni Parolisi Mental Illness: General Anxiety Disorder Generalized anxiety disorder, also known as GAD, affects 5% of Americans in their lifetime, which is about 18% of American Adults per year. Someone who has GAD, has a chemical imbalance in their brain. The chemicals that are in our brain are called neurotransmitters. These neurotransmitters are what communicate information throughout our brain and bodies. The neurotransmitters that are targeted in anxiety are called gamm-aminobietyric acid (GABA), serotonin, dopamine, and epinephrine. The exact cause of generalized anxiety disorder is not completely understood. However, scientists believe that it’s because of genetics and other risk factors. These other risk factors are based on someone’s mood and if they are female. Someone who is constantly negative or avoids anything that might put them in danger or get them in trouble may have anxiety. Being female is a risk factor because more women are diagnosed with GAD more often than men. The symptoms for generalized anxiety disorder vary depending on the person. Someone who has GAD, are constantly worrying about small or large things, throwing them out of proportion. They have a hard time trying to relax because they have the constant feeling of being on edge. They fear of making the wrong decision and find a possible negative outcome in everything. They also experience physical problems, as...
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...1.2 INTRODUCTION TO BIOMATERIALS There is a necessity for replacing bone substance which has been lost due to traumatic or nontraumatic events. The lost bone can be replaced by endogenous or exogenous bone tissues, which is connected with several problems. The use of endogenous bone substance involves additional surgery; moreover the endogenous bone is available only in limited quantities. In case of exogeneous bone implants, the major disadvantage is that they may be rejected by human body, disease may be transmitted together with the implant, and also the clinical performance of exogenous bone is considerably inferior to fresh endogenous graft material. For these reasons there is growing need for fabrication of artificial hard tissue replacement implants. Research into novel materials for biomedical applications is ever increasing as the medical community look to improve the way in which disorders and trauma are treated. Issues with current materials and the additional trauma associated with the use of bone grafts has pushed research towards new materials to aid the required repair and/or the regeneration of bone after fracture or the removal of bony defects or cancerous bone. Many new materials have been developed in an attempt to address these concerns but there are still some issues surrounding the appropriateness of their mechanical properties, the ability of degradable materials to retain their properties once implanted and the ability to form the material in situ...
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...Substance Abuse Theresa Hicks HCA/ 250 February 3,2012 Susan Hudson Substance Abuse There has been a number of studies done to understand why individuals turn to substance abuse but there has not any success in the studies. There are some studies that say that it is a personality issue that leads to substance abuse which has not been proven. Personality research continues to be a factor in the study of alcoholics and drug abusers. The results suggest that such use is more common among adolescents who show pre-drug use signs of one or more of the following: rebelliousness, other adjustment problems, depression, sensation seeking (Kandel& Yamaguchi, 1985;Stein et al., 1987; Shelder & Block, 1990). None of these factors have been proven to account for the abuse of drugs and alcohol. Studies have had the evidence to show that pre-drinking personality traits are in those that have had a drinking problem since an early age. Evidence also suggest that such people have a genetically determined brain disorder involving the prefrontal lobes (Tarter et al., 1988). These disturbances lead to deficit disorders, pre-alcoholic essential tremor, emotional instability, and aggressiveness not excluding others. When dealing with substance abuse in the workplace individuals do not leave these problems at home. Of the 17.2 million illicit drug users aged 18 or older in 2005, 12.9 million (74.8 percent) were employed either full or part time (OSHA). There has been many who have had...
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...iiste.org COMPARATIVE ANALYSIS OF FAIR VALUE AND HISTORICAL COST ACCOUNTING ON REPORTED PROFIT: A STUDY OF SELECTED MANUFACTURING COMPANIES IN NIGERIA BESSONG, PETER KEKUNG and CHARLES, EFFIONG DEPARTMENT OF ACCOUNTING FACULTY OF MANAGEMENT SCIENCES UNIVERSITY OF CALABAR, P.M.B.1115, CALABAR, CROSS RIVER STATE, NIGERIA Tel: +234 8037079607 ABSTRACT This study aimed to critically examine the effects of fair value accounting and historical cost accounting on the reported profits. However, since the major objective of any business organization is to make profit and continue in business, what they face in the course of doing their business and the method of accounting they use in reporting their profit may make this noble objective to be unrealistic particularly during inflationary period. Data were collected from both primary and secondary sources and presented and analyzed using ordinary least square. The study revealed that both historical cost and fair-value accounting have significant effect on reported profit. Conclusively, Based on the findings of the study, it is concluded that the amount calculated as depreciation, charged as taxes and paid as dividends greatly influence the operating profit of the company. This simply means that the method of profit measurement will greatly influence the amount charged as taxes, depreciation and dividend on the profit of the company. The study recommended that companies should prepare their financial report using both historical cost and...
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...continuing the operations on the farm. Billy gives up a year of study at university to do so and in return is promised $30,000 and a share of the land by Choy. After three months of working he experiences conflict with Choy’s wife, Maggie, but is promised another $20,000 by Choy if he stays. To determine whether Billy is entitled to the extra $20,000 and a share in the farm we are to first explore whether a contract is formed, and if promissory estoppel would apply in this situation and the relevant terms attached to this contract. Using the common law of contract we can answer these questions, and Billy’s entitlements. a) Is there a contract? Before Billy can be sure he is entitled to anything we first must establish that Billy and Choy have entered into a legally binding contract. For a legal contract to be held, all essential elements of an offer, acceptance, consideration and intentions to enter into a contract, must be present. First there must be an offer for a contract to exist. The offer is made by Choy to Billy, for Billy to give up a year of his study and help out on the farm as Choy is away to look after his sick mother, and in return Billy is promised $30,000 and a share of the farm land. We assume that Choy’s offer is communicated clearly and well. Although Billy does not verbally accept the offer, as silence is not a form of acceptance, Billy does show his acceptance through his conduct, similar to the case of Empirnall Holdings Pty v Machon Paull Partners Pty Ltd...
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...How Leukemia Effects Children Patrice Allen HCA/240 May 9, 2012 Kari Merrill RN, MHSc The diagnosis of cancer in a child or teenager can be a devastating blow to parents and other family members who love the child. Leukemia is a cancer of the early blood-forming cells. Most often, leukemia is a cancer of the white blood cells, but some leukemia’s start in other blood cell types. Leukemia is a cancer of the blood-forming cells. Leukemia starts in the bone marrow, where the blood cells are made, and quickly spreads to the blood. From there it can go to the lymph nodes, spleen, liver, central nervous system, and other organs. Leukemia is the most common cancer in children and adolescents. It accounts for about 1 out of 3 cancers in children. Overall, however, childhood leukemia is a rare disease. Most of the signs and symptoms of leukemia result from a lack of normal blood cells. This happens because the cancer cells crowd out the normal cells that make blood in the bone marrow. The leukemia cells may spread to other parts of the body, which can also cause symptoms. A risk factor is something that increases a person's chance of getting a disease. Different cancers have different risk factors. But risk factors don't tell us everything. Having a risk factor, or even several risk factors...
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...American adults. The MMWR stated that the number of new cases of diabetes, particularly type 2 diabetes, has risen dramatically in the last 15 years across the country, especially in some of the southern states. The report looked at self-reported data collected from the participants of the study between the years of 1995 and 2010. The data was sorted and analyzed using a CDC system known as the Behavioral Risk Factor Surveillance System to determine whether or not the average rate of diabetes had increased over time, and if so, by how much. Here is some of the key information to emerge from the CDC's latest MMWR release about diabetes. * According to the MMWR, diabetes prevalence was higher than 6 percent of the adult population in only three states at the start of the study in 1995. Puerto Rico and Washington, D.C., also had a greater than 6 percent prevalence of adult diabetes at that time. * In 2010, at the conclusion of the study, every U.S. state, along with Puerto Rico and Washington, D.C., reported a prevalence of diabetes among its adult population that was greater than or equal to 6 percent. In addition, six states as well as Puerto Rico reported a prevalence of diabetes among their adult populations of greater than or equal to 10 percent. * All of the participants in the study were 18 years or older. The study was conducted through telephone surveys. * According to a report by Reuters regarding the study, Oklahoma was the state that had the largest increase in...
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