Friday, December 20, 2019

The Ethics Of Dissent Managing Guerrilla Government

Georgia Southern University Book Review : The Ethics of Dissent Managing Guerrilla Government Yamini Gollapudi 3/2/2015 In its Ethics of Dissent- Managing Guerrilla Government, Rosemary O’Leary provides a sobering description on bureaucratic sabotage in federal government through stories of dissenting public officials named as â€Å"guerrillas† or â€Å"administrative guerrillas†. Guerrillas are the one who engage in irregular warfare as a member of an independent unit and they are the one who are willing to see the change in the public organizations (pg. 4). Dissatisfaction from the actions of public institutions makes the guerrillas to work against the wishes of superiors or organizational norms either implicitly or explicitly and to make a push back against the management to do what they believe is the right thing which can be termed as â€Å"guerrilla government† (p. xi). According to O’Leary majority of the guerrilla governments occur because of the inevitable tension between bureaucracy and democracy that will never go away and they are undetectable because of uninvolving world of bureaucracy (pg. 3, 8). This tension in turn create ethical and management challenges including the harsh realities which all the public servants must learn to steer. To explain these tensions O’Leary uses three lenses: Bureaucratic politics, Organizations and Management and Ethics with the help of three in-depth case studies and 21 mini cases. These case studies involve theShow MoreRelatedWk 6 Assignment Ethics Social Justice Deutsch T 1 Essay1246 Words   |  5 Pagesï » ¿ Week 6 Assignment Deutsch, Tina M Walden University The ethical issues that were identified in the case study of Guerrilla Government in EPA’s Seattle Regional Office were cumbersome. The first of many to create unethical situations was the administrator of EPA’s Seattle regional office in 1981, John Spencer. His staff remembers his tenure for all the unethical actions he took such as using tax payer’s money to buy a membership for the EPA in the Chamber of Commerce (O’LearyRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 Pagesof national power and prestige, as well as symbols of modernity itself. They go well beyond the usual focus on the two superpowers INTRODUCTION †¢ 7 to look at â€Å"nuclear politics,† which encompasses both state initiatives and popular dissent, in former but diminished national great powers such as France and Great Britain and in emerging and aspiring high-tech states of very different sorts in Israel, India, and China. Equally impressive in terms of the global range of questions theyRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesand graduate courses. These range from introduction to marketing/marketing principles to courses in marketing management and strategic marketing. It can also be used as a text in international marketing courses. Retailing, entrepreneurship, and ethics courses could use a number of these cases and their learning insights. It can certainly be used in training programs and even appeal to nonprofessionals who are looking for a good read about well-known firms and personalities. TEACHING AIDS

Wednesday, December 11, 2019

Evidence Based Practice Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Evidence Based Practice. Answer: Evidence Based Practice (EBP) Evidence based practice is the type ofnursing practice in which the current evidence are used in making decisions about patient care (Hall Roussel, 2016). It is a type of problem solving approach for the clinical learning. It is a systematic search and a type of critical appraisal of the evidences to find the answer to a clinical problem. The EBP is a method which allows the medical practitioner to study journals, clinical guidelines and other resources based on the information, and then apply the findings to clinical practice. The evidence does not make the decision but it helps to support the process of patient care. It includes three important components which is needed to the practice, these are: Best research evidence Clinical expertise Patient values and preferences These three components enhance the clinical outcomes and the quality of life. EBP generally requires new skills of clinical learning, which includes literature searching and the application of the evidence for the evaluation of the problem. The EBP is usually needed to generate the questions for the therapy, the diagnosis, and the prognosis of the diseases. Key Steps in the EBP Process Framing the Clinical Question Finding the Evidence Assessing the Evidence Making the Clinical Decision Concepts in Evidence-Based Public Health Systemic Review: basic appraisal and assessment of research that endeavors to address an engaged inquiry utilizing the techniques proposed to lessen the probability of predisposition. The procedure of organizing a systemic review incorporates a search of the writing, also including unpublished examinations. Meta-Analysis: outline that joins a quantitative system for consolidating the results of various examinations into summary. Risk Assessment: It is a type of approach to deal with the threat to people and populations by natural contaminations. Decision Analysis: precise way to deal with basic leadership under vulnerability; includes recognition of every single accessible option and assessing the probabilities of potential results related with every option, esteeming every result, and, on that basis of the probabilities and qualities, a quantitative study is estimated. Economic Evaluation: relative analysis of the alternatives in terms of their expenses and results. Expert Panels and Consensus Conferences: examination of research contemplates and their importance to being healthy conditions, remedial and therapeutic strategies, arranging health policies, and group interventions. Ordinarily the boards of specialists are assembled by government offices or particular wellbeing associations. Practice Guidelines: methodically created to help expert and patients decisions about health care for particular clinical conditions; might be created by government offices, establishments, or by the gathering of master boards. Barriers of evidence based practice The structures and culture of the associations are the main barriers of evidence based practice. Components which are external to the individuals are of most important. Existing hierarchical structures is the proof of the existence of a generally respectful culture which stresses the routine in basic leadership are clearly mentioned in NHS. Given this reality, associations should receive various methodologies to encourage and advance the utilization of proof by and by basic leadership. Barriers to the utilization of research in clinical practice have been cited as often as possible. Studies have researched imaginable barriers to the selection of EBP by medical nurses. These examinations have distinguished regular obstructions over various nations. Truly, the essential boundaries to the utilization of research have been connected to the support given by the association in which medical attendants work, the medical attendants' examination esteems and aptitudes, the nature of research, and how the exploration is imparted or displayed. Facilitators of evidence based practice The key facilitating factors for EBP include support, encouragement, and recognition by the management and administration. Numerous facilitators of research utilization have been recognized in the articles. These facilitators incorporate administrative and associate help, accessibility of time to audit and execute examine discoveries, accessibility of significant research, partners' help, strong arrangements, and preparing openings. Barriers and facilitators to inquire about usage were classified into authoritative variables, singular components, communicational elements, and nature of research (Harvey Kitson, 2015). PICO The PICO is a technique to study evidence based practice and makes a framework to find the answer of a health care question. The PICO stands for P Patient, problem or population I Intervention C Comparison or control O Outcome PICO Does the platelet transfusion indications in pediatric cancer patients works or not? P: population (pediatric cancer patients) (aged less than 18) I: Intervention strategy: blood components transfusion (platelets, red blood cells, cryoprecipitate) irradiated products, leukocyte-depleted products, platelet aphaeresis. Comparison: Platelet transfusion is suitable or not Outcomes: indications for transfusions in the specified population. Introduction Transfusion therapy is the mostly used now-a-days for the treatment of pediatric cancer. In this paper the age group which was taken into consideration for addressing is under 18. Despite the knowledge of the principles of immunology which maintains the transplants of a tissue by minimizing the transfusion therapy risks. Additional evidence is needed to determine the most appropriate instance for using transfusion therapy in pediatric cancer patients. The first step was searching for evidence-based clinical practice guidelines in Pub Med, CINAHL, MEDLINE, WHO - World Health Organization, Google scholar, National Cancer Institute Journal and many more. Keywords that were used for the search are: Infant OR Child, Adolescent OR childhood OR Pediatrics OR Minor AND Blood Component Transfusions OR Erythrocyte Transfusions OR Red Blood Cell Transfusion OR Platelet Transfusions OR Blood Component Transfusion OR Aphaeresis AND Tumors OR Neoplasm OR Tumor OR Cancer OR Neoplasm OR Neoplasm AND Random research design OR Evaluation Studies OR follow-up studies OR prospective studies OR cross-over studies OR control OR prospective OR volunteer AND evidence-based medicine Journal no. Title Authors Year of publication Scoring 1 Platelet transfusion: a Clinical Practice Guideline From the AABB Platelet transfusion: a clinical practice guideline from the AABB. Annals of internal medicine, 162(3), 205-213. Kaufman et al. 2015 Recommended 2 Red blood cell transfusion practice in children: current status and areas for improvement? A study of the use of red blood cell transfusions in children and infants. Transfusion, 54(1), 119-127. New et al. 2014 Agreed 3 Characterization of transfusion-derived iron deposition in childhood cancer survivors. Cancer Epidemiology and Prevention Biomarkers, cebp-0292. Ruccione et al. 2014 Agreed 4 Platelet transfusion: a systematic review of the clinical evidence. Transfusion, 55(5), 1167-1127. Kumar et al. 2015 Strongly agreed 5 Current status of platelet transfusion in pediatric patients. Transfusion medicine reviews, 30(4), 230-234 Sloan Parker 2016 Recommended 6 Transfusion therapy evidence-based recommendations for the pediatric cancer patient. Colombian Journal of Anesthesiology, 44(2), 151-160. Pardo-Gonzlez, Linares Torres 2016 Agreed 7 Explaining the excess morbidity of emergency general surgery: packed red blood cell and fresh frozen plasma transfusion practices are associated with major complications in non-massively transfused patients. The American Journal of Surgery, 211(4), 656-663. Havens et al. 2016 Agreed 8 Transfusion?related alloimmunization in children: epidemiology and effects of chemotherapy. Vox sanguinis, 111(3), 299-307. Solh et al. 2016 Recommended 9 Implementation of Evidence-Based Care in Pediatric Hematology/Oncology Practice. In Patient Safety and Quality in Pediatric Hematology/Oncology and Stem Cell Transplantation (pp. 253-275). Springer International Publishing. Werner Ramirez 2017 Strongly agreed 10 Analysis of Prognostic Factors of Hematopoietic Stem Cell Transplantation Patients Admitted to ICU. Abstracts/Biol Blood Marrow Transplant, 22(S19eS481), S19eS481. Fielding, Grigg, Booth 2016 Agreed A key rule in transfusion treatment expresses that the reason for anaemia might be recognized before RBC transfusion. Moreover, the choice to transfusion of RBC must depend on the symptoms instead of by the hemoglobin levels and remember that RBC transfusion is just suggested in the patients who are suffering from leukemia and unable to manage normal range of hemoglobin. There are two basic therapies for this disease. The prohibitive methodology that demonstrates transfusion is based on two principles: haemoglobin level below 8g/dL and proof of hemodynamic degeneration. The second approach is liberal and sets up more elevated amounts of hemoglobin ignoring the hemodynamic effect. The result of this survey suggests the prohibitive methodology, to diminish the extent of transfused patients and the measure of RBC transfused, with no effect on morbidity or term of staying at hospital. The conclusion is thus stated that the advantages of reducing transfusions are more than the threat of RBC transfusion. Platelet transfusion support is resolved on the principle of two methodologies: a prophylactic technique described by recording platelet count to keep the threat of haemorrhage; and the therapeutic methodology that suggests platelet transfusion when bleeding causes. In the case of platelet transfusions, allo-immunization might be avoided, A with respect to ABO platelets. Un-identical ABO platelet organization is a satisfactory transfusion when platelet count deficiencies are an issue, or when the patient requires HLA platelets that are not ABO coordinated. In RH D negative patients, concentration is to be negative, especially in ladies. The platelet prescribed volume is 10-20 ml/kg for kids under 15 kg and one unit for aphaeresis for patients more than 15 kg, 11 at an implantation rate of 20-30 cc/kg/h. Literature Study Kaufman et al., 2015, told that Platelet prophylaxis, as compared with a therapeutic platelet transfusion strategy, reduces but does not eliminate the risk for bleeding in hospitalized patients with therapy-induced hypo-proliferative thrombocytopenia. However, low-dose platelets must be transfused more often because they provide a lower platelet increment. New et al., 2014, studied and reported that pediatric RBC transfusion practice has demonstrated significant variation in pre-transfusion Hb, frequent prescribing in units rather than milliliters, and a high proportion of single transfusions during admissions. Future education and research should target transfusion triggers and prescription volumes for children in all clinical areas. Ruccione et al., 2014, examine 75 patients up to age 14, who are receiving PRBC transfusions and conclude that excessive iron content may occur in children and also in the adolescent during the treatment of PRBC transfusion. Kumar et al., 2015, had done 17 RCTs and 55 observational studies, and concluded that prophylactic transfusion results in bleeding as compared to therapeutic transfusion is not so different. Results observed do not show a much difference in bleeding in patients. Sloan Parker, 2016, stated that Prophylactic platelet transfusions for children undergoing cancer treatment are not well characterized and require further investigation. The effect of routine platelet transfusion in pediatric cardiac surgery on postoperative outcome is unknown. The determination of platelet count threshold before various invasive procedures and clinical settings should be studied. Pardo-Gonzlez, Linares Torres, 2016, studied 56 journals concluded that Red blood cells transfusion is done by restrictive strategy in which prophylactic platelet transfusion is done. Cryoprecipitate is recommended when fibrinogen levels fall below 100 mg / dL, and indications on irradiated blood products were established. It resulted that transfusion of cryoprecipitate is very limited. Havens et al., 2015, queried at 2 tertiary academic hospitals about the EGS, and got the results that despite of similar blood loss; EGS patients received higher rates of intra-operative blood product transfusion, which was independently associated with major complication. Solh et al., 2016, done a retrospective cohort study at two different hospitals and evaluated two groups: study group, patients with oncology receiving chemotherapy and control group, patients without cancer. They found that alloimmunization frequency was low and it is not possible to determine an association between chemotherapy and alloimmunization due to the low event rate. Werner Ramirez, 2017, discuss five topics, handoff communication, identification and early treatment of sepsis and three approaches to disease prevention or mitigation-influenza vaccination, time to antibiotics in immune compromised patients, and iron chelation therapy for patients receiving erythrocyte transfusion. Each of these is relevant to pediatric hematology/oncology patients and providers and demonstrates how quality improvement methods lead to a higher delivery rate for evidence-based care. Fielding, Grigg, Booth, 2016, although a number of stem cell transplantation (HSCT) patients need intensive care to treat life threatening complications, many of them are hard to be improved. It might be caused by complicated conditions consist of multiple organ failure or immunodeficiency. Conclusion Thus it can be conclude that the platelet transfusion is very risky in pediatric cancer patients, as it leads to heavy bleeding which cause anaemia. References Hall, H. R., Roussel, L. A. (2016). Evidence-based practice.nursing Jones Bartlett Publishers. Harvey, G., Kitson, A. (2015).Implementing evidence-based practice in healthcare: a facilitation guide. Routledge. Kaufman, R. M., Djulbegovic, B., Gernsheimer, T., Kleinman, S., Tinmouth, A. T., Capocelli, K. E., ... Mintz, P. D. (2015). Platelet transfusion: a Clinical Practice Guideline From the AABB Platelet transfusion: a clinical practice guideline from the AABB. Annals of internal medicine, 162(3), 205-213. New, H. V., Grant?Casey, J., Lowe, D., Kelleher, A., Hennem, S., Stanworth, S. J. (2014). Red blood cell transfusion practice in children: current status and areas for improvement? A study of the use of red blood cell transfusions in children and infants. Transfusion, 54(1), 119-127. Ruccione, K. S., Wood, J. C., Sposto, R., Malvar, J., Chen, C., Freyer, D. R. (2014). Characterization of transfusion-derived iron deposition in childhood cancer survivors. Cancer Epidemiology and Prevention Biomarkers, cebp-0292. Kumar, A., Mhaskar, R., Grossman, B. J., Kaufman, R. M., Tobian, A. A., Kleinman, S., ... Djulbegovic, B. (2015). Platelet transfusion: a systematic review of the clinical evidence. Transfusion, 55(5), 1116-1127. Sloan, S. R., Parker, R. I. (2016). Current status of platelet transfusion in pediatric patients. Transfusion medicine reviews, 30(4), 230-234. Pardo-Gonzlez, C. A., Linares, A., Torres, M. (2016). Transfusion therapy evidence-based recommendations for the pediatric cancer patient. Colombian Journal of Anesthesiology, 44(2), 151-160. Havens, J. M., Do, W. S., Kaafarani, H., Mesar, T., Reznor, G., Cooper, Z., ... Haider, A. H. (2016). Explaining the excess morbidity of emergency general surgery: packed red blood cell and fresh frozen plasma transfusion practices are associated with major complications in nonmassively transfused patients. The American Journal of Surgery, 211(4), 656-663. Solh, Z., Athale, U., Arnold, D. M., Cook, R. J., Foley, R., Heddle, N. M. (2016). Transfusion?related alloimmunization in children: epidemiology and effects of chemotherapy. Vox sanguinis, 111(3), 299-307. Werner, E. J., Ramirez, D. E. (2017). Implementation of Evidence-Based Care in Pediatric Hematology/Oncology Practice. In Patient Safety and Quality in Pediatric Hematology/Oncology and Stem Cell Transplantation (pp. 253-275). Springer International Publishing. Fielding, K., Grigg, A., Booth, D. (2016). Analysis of Prognostic Factors of Hematopoietic Stem Cell Transplantation Patients Admitted to ICU. Abstracts/Biol Blood Marrow Transplant, 22(S19eS481), S19eS481. Evidence Based Practice Samples for Students – MyAssignmenthelp.com Question: Discuss about the Evidence Based Practice. Answer: Evidence-based practice (EBP) is a crucial element of optimal quality care in all areas ofnursing and is fundamental to influence positive changes across the diverse health care systems. EBP is known to be a continual interactive process that involves the conscientious and judicious and explicit utilisation of the best available evidence for providing care to patients coming in multifaceted health issues. Since it is the responsibility of the nurses to optimise patient outcomes and improve clinical practice, along with ensuring transparency and accountability in decision making, EBP is to be adhered to at all levels (LoBiondo-Wood Haber, 2017). The position taken in relation to EBP for registered nurses is that EBP is needed for improving patient outcomes in clinical settings. Registered nurses are to provide best quality patient care through acquiring competencies for evidence-basednursing practice as a part of their professional development. In this context, it is to be highlighted that healthcare organisations must come forward and provide support and training to RNs for enabling them to carry out EBP. Without the sufficient training and support, it would not be feasible to place nurses in a position to demonstrate capabilities for EBP. As opined by DiCenso et al., (2014)nursing is a profession that is an amalgamation of both science and arts, relying on knowledge from the physical, social, behavioural and biological sciences for making decisions. Nursing knowledge is to be gained though a number of ways that include formal education, research and clinical practice. For gaining competence in science and art of nursing, one must engage in life-long learning. Evidence-based practice refers to the integration of best available evidence for literature into own practice for the purpose of enhancement of clinical expertise and respect for patient values. It considers external and internal influences on practice, thereby encouraging a critical thinking process while caring for a patient population or a system. EBP is the approach taken by nurses for making decisions that are appropriate and based on clinical expertise in combination with relevant and recent research on the concerned nursing topic. This form of practice has been linked with providing care based on principles understood from critically analysing high quality research and their significant findings (Stevens, 2013). EBP is guided by the NMBA registered nurse standards for practice that entails nurses to engage in continual research for improving their practice. According to Standard 1, nurses are required to think critically and analyse their practice. An RN is required to use a diverse range of thinking strategies and the evidence at disposition for making important decisions and providing safe practice within suitable person-centred frameworks. The Standard 5 entails nurses to appraise relevant and comprehensive information and document them for future purposes. Based on this documentation agreed plans could be developed in partnership with patients. According to Standard 6, RNs are to delegate ethical goal-directed actions on the basis of evidence that ensure planned outcomes (nursingmidwiferyboard.gov.au, 2016). According to Melnyk et al., (2014) the transition EBP is characterised by three phases; practice, evidence and translation. The process is multifactoral and involves a series of key steps. The first and most crucial step is the identification of a trigger that is a clinical question arising from current practice. With knowledge focus, a current practice can be questioned for shared scientific knowledge, while with problem focus an improvement can be made in the existing facts. The following steps consider carrying out a research independently or in teams, critically analysing te research, drawing implications for practice from the research and forming teams to disseminate the findings. The evidence gathered from the research are to be imparted to all members of the professional team, so that collaboration in bringing about a change in practice is fostered. Patient outcomes are influenced largely by EBP with the underlying notion that the care process is guided by recent updates in practice principles. The areas where practice development can be made include acute syndromes for patients, readmission, multifactoral morbidities and mortality rate. The effectiveness of interventions is increased when recent updates are included in this process. The chances of committing errors are also reduced to a considerable extent (Hosking et al., 2016). Emparanza et al., (2015) highlight that though patient outcomes are being improved in the present era with the application of current research evidence, the process is a slow one, with not much achieved within a considerable time frame. The authors opined that failure to translate undertaken research into suitable practice still remains to be a refractory issue. A commitment towards implementing research evidence needs to be coupled with the reorganisation of a healthcare setting to enable a multidisciplinary culture. Healthcare organisations must provide adequate training to RNs so that they are able to work towards better and more eminent performance indicators. A provision of access to research papers and relevant literature is crucial. Any organisation that does not have such form of support would not be able to promote EBP. It is not to be expected that nurses would be at the vanguard of providing EBP without training and support. Patient outcomes can only be made better if more number of RNs are given training in EBP and are provided with easy access to adequate information for supporting this. Mackey and Bassendowski (2017) in this regard state that funding is necessary to support an increase in training and resources. In light of adequate funding, professionals from the field can be appointed for provided training to the nurses and guide them on how to carry out a proper research. Weekly sessions that are interactive are suitable in this regard. Regular feedback given to the nurses is essential for ensuring that the learning is appropriate. Coming to the end of this paper, it is to be highlighted that nurses must critique evidence-informed literature in nursing discipline practice and translate them into practice. Participation in research is fundamental for evaluating and promoting evidence-based nursing practice. It is the responsibility of the concerned healthcare organisations to encourage and train nurses so that they can achieve the aim of delivering suitable EBP. With the support received from their end, nurses can transform their practice for the betterment of the patient populations. References DiCenso, A., Guyatt, G., Ciliska, D. (2014).Evidence-Based Nursing-E-Book: A Guide to Clinical Practice. Elsevier Health Sciences. Emparanza, J. I., Cabello, J. B., Burls, A. J. (2015). Does evidence?based practice improve patient outcomes? An analysis of a natural experiment in a Spanish hospital.Journal of evaluation in clinical practice,21(6), 1059-1065. Hosking, J., Knox, K., Forman, J., Montgomery, L. A., Valde, J. G., Cullen, L. (2016). Evidence into practice: Leading new graduate nurses to evidence-based practice through a nurse residency program.Journal of PeriAnesthesia Nursing,31(3), 260-265. LoBiondo-Wood, G., Haber, J. (2017).Nursing Research-E-Book: Methods and Critical Appraisal for Evidence-Based Practice. Elsevier Health Sciences. Mackey, A., Bassendowski, S. (2017). The History of Evidence-Based Practice in Nursing Education and Practice.Journal of Professional Nursing,33(1), 51-55. Melnyk, B. M., Gallagher?Ford, L., Long, L. E., Fineout?Overholt, E. (2014). The establishment of evidence?based practice competencies for practicing registered nurses and advanced practice nurses in real?world clinical settings: proficiencies to improve healthcare quality, reliability, patient outcomes, and costs.Worldviews on Evidence?Based Nursing,11(1), 5-15. Registered nurse standards for practice. (2012). nursingmidwiferyboard.gov.au. Stevens, K. R. (2013). The impact of evidence-based practice in nursing and the next big ideas.Online Journal of Issues in Nursing,18(2), 4-4.

Wednesday, December 4, 2019

Taxation Laws The Modern Industries

Question: Describe about the Taxation Laws for The Modern Industries . Answer: Brief overview: The modern industries are dependent on each organisation for its external and internal market forces. This enables the manufacturer to produce goods and services in order to generate profit for economic development of a nation. Industries are in need of auxiliary and subsidiary firms to procure raw materials in order to produce their final product in the market. It is worth mentioning that the organisations work with the external and internal subsidiaries based on verbal and written contract by abiding with the rules and regulations of the company. Each organisations dealing in goods and services abide by the legal contract as on the event of any problems parties to the contract can negotiate with the terms and conditions in the court of law[1]. The current case study falls under the Taxation ruling TR 95/35 for treatment of compensatory receipts, as the parties to the contract Fast water Ltd and Neptune Ltd are the manufacturing companies. Fast water Ltd is the manufacturer of the speedboats whereas; Neptune is the supplier and manufacturer of engine and boat parts. Both companies entered into the contract for a term of ten years to supply the engine and boat parts. However, after few years of contract, Fast water Ltd cancelled the contract due to poor economic and market conditions. This lead Neptune Ltd to suffer monetary loss for non-performance of contract and subsequently filed a case against Fast water Ltd in the court of law[2]. A: Fast water Ltd formed a contract with the Neptune Ltd for supply of boat parts and engine with for a period of ten years. It was assumed with Neptune Ltd that it would account for 30% of sales to Fast water Ltd. However, with the change in the market environment and increased competitions Fast water decided lower the cost of manufacture of engine supplies thus, this lead to reduction in cost of production. The company incurred an expense of $1,500,000 so that it can invest in wide range of smooth and efficient running engines particularly one being Aqua blast. Inventing in such type of engines would be cost effective and also account for 40% of the sales. As stated under Section 5 of the Contract Law that any parties involved in any such agreement of supply of goods and service may enter the contract with the objective of performing trading activities within the geographical boundaries of country, which is enforceable in the court of laws [3]. If an amount of compensation is received by taxpayer is in accordance with the disposal of business contract than the amount received for would not be considered for any tax consequences. The companies in this case study entered into the contract with the contractual intentions to manifest their intentions in conformity with the legal relations to form an agreement under the expressed terms. Such terms are legally enforceable in the court of law forming a part of agreement under the contract law in order to abide by the rules of the contract law. If the amount of compensation received in regard to the permanent damages suffered, such amount represents recoupment of all parts of total acquisition cost of assets. Section 160 ZB (1) provides that compensation received from any wrong doing by an individual for his profession and business is exempted under the capital gains tax. Fast water Ltd when discovered that that they no longer need engines and boat parts from Neptune Ltd decided to prematurely end the contract leading to monetary loss for Neptune Ltd. Fast water premature end to Non-performance of Specific Contract is Breach of Statutory duties. In addition to this, Fast water did not notify Neptune Ltd regarding the termination of contract, which led Neptune Ltd to bring lawsuit against the company for non-performance of contract, which led to monetary loss. The court ruled Fast water guilty for non-performance of contract under the Law of Tort for its tortuous act leading to civil wrongdoing for causing someone to suffer monetary loss and harm. The court penalised Neptune for tortuous act and order to pay the compensatory loss of $800,000 to Neptune Ltd. The court ruled such claims for damages on non-performance of specific contract would be paid in two instalments[4]. Fast water Ltd on the other hand in the accounting year of 2016-17 also incurred expenses of 1,500,000 in the form of capital expenditure for the development of fuel-efficient engines to reduce the cost of manufacturing. However, the expenses incurred will not be included in the tax schedule of the company as because such an investment does not constitute any income or gains for the company. However, income derived because of sale of such components will constitute as an income under the sale of goods and service tax from the revenue derived. The company was anticipating that the new product would represent 40% of the sales and thus considerable amount invested by the company can be realised on sale of engines and parts of boat. Hence, it must be noted that 40% of the $1,500,000 will be considered for tax if the anticipation about sales comes true. However, the organisation prematurely ended the contract with Neptune Ltd leading to monetary loss. Section 766 of the Federal Laws state s the Price water was negligent in discharge of their duties which lead Fast water to file the lawsuit for their negligent act under article 101 and 102 of the Law of Tort. As it was held in case of Derry v Peek (1889) that the action of the parties to the contract were of tortuous intentions and it is enforceable in the court of law. Thus, Fast water had to pay the compensatory amount within the stipulated period. Fast water also incurred an expense of $75,000 in the form of legal fees to fight for the lawsuit brought against them. The total amount of expenses incurred by the Fast water Ltd amounted to 875,000 and this amount is liable to be taxed under ITAA 1997. To be more precise, Fast water Ltd has to face the legal consequences for Breach of Contract with Neptune Ltd as both the companies are governed under the contract law and such law is administered by the common law for consumer protection. The contract consists of the contractual agreement formed with the objective of performing commercial trade under the expressed terms of mutual agreement. The case study however highlights the fraudulent representations and misrepresentations for damages ar ising out of economic loss. The scope and content of the contract is mentioned in the legal agreement of the contract formed by both the parties where time and other specifications is clearly stated. The tort of deceit for inducement under the contract is similar to the Misrepresentation Act 1967[5]. Any non-performance of obligations will attract legal proceedings and any such actions are purported to be settled either through court or outside the court. The performance involved in this contract need to be sufficiently monitored from time after time and prior to the termination of contract in order to ensure that all the specifications are properly met. However, it should be noted that the contract law also provides remedies for breach of contract amid two parties and declares awards and settlements to protect the interest of the parties involved or affected. As stated under the Stiles v. White (1946) claim for damages can be claimed by employing majority rule for out of the pocket damages. Under the ITAA 1997 any compensation received or paid shall be liable to be exempted and compensation paid by Fastwater Ltd will be treated as exemptions from net taxable income under ITAA 19 36 Tax consequences: Particulars Principle Value Capital expenditure 1500000 Compensation received 800000 Add: Legal fees cost 75000 700000 Net capital loss 625000 Note: The loss suffered will be not be carried forward and hence such loss cannot be set off from any ordinary income. The loss suffered is exempted under the ITAA 1997 since such losses arise from the personal injury. B: Under the case study Neptune Ltd who is the supplier of the engines and boat parts to Fastwater anticipated that the contract formed with the Fastwater Ltd would account for 30% of its engine sales. However, on the event of premature end of end to the contract the Neptune Ltd had to suffer loss for its Tortuous Act since it manufactured its product in accordance with the demand from Fastwater Ltd [6]. The extra amount of produce would remain idle resulting in damage because of premature end to contract constituting breach of contract. As stated under Misrepresentation Act 1967 the contract formed had a binding period of ten years and abruptly ending of contract would affect the profitability scenario of Neptune Ltd [7]. I. Taxes on personal injury awards: The nominal value of compensation to be paid to Neptune is computed over the original period of the contract. The compensatory amount received from Fast water to Neptune Ltd on the orders received from the court would be considered as an ordinary income for the company. Under the given study, Neptune sued Fast water for causing personal injury and the damages received in the form of compensatory claim because of business loss is not included in the income. The money received from Fast water Ltd will not be taxed. It should be noted that the money received as a compensatory claim is not taxable irrespective of the amount received whether in lump sum or in instalments. As stated under Rule 2 of the ITAA 1997 if the defendants wrongful acts does not create an impact on the incidence of tax which is subjected to remoteness, the altered incidence of taxation is important in the assessment of damages. The rule states that such incidents may provide a ground of reduction, as the lost income would have been taxed for the Neptune Ltd however damages received would not be taxed under the rule. For instance, when an award made for damages includes compensation because of loss, which could have been taxable however, the damages received is not taxable. Such damages should be calculated because of net loss of income after an allowance for tax has been made which could have been paid. As it was stated in the case of Cullen v Trappell under ITAA 1997 reflects the incidence of income tax which the plaintiff would have earned was pertinent on the event of assessment of damages on account of loss earning capacity and had the effect of plummeting those damages aris ing from loss [8]. As mentioned in this case study, even though the loss was compensated on the ground of loss of income for Neptune Ltd however, it was treated as loss earning capacity. Rule 3 of the ITAA 1997 states that in order to assess whether the conduct of Fast water Ltd had the effect on the plaintiff liability of tax, it is compulsory to work out what the tax plaintiff would have paid but for defendant conduct what amount of damages should be paid on account of non-performance of contract. As the complexity involved in the provision of tax is difficult to operate on the tax environment in which they operate. II. Taxation for damages: The current case study involves certain number of concessions and numerous advantages pertaining to the value of capital gains rather than treating it as an ordinary income. Under the current case study Neptune Ltd is small business with active assets, the capital gains arising out of any business losses is reduced by substantial discount at the time of working out net capital gains. Alternatively it should be noted that tax court have suggested that different rule may apply to during the settlement of acquired legal claim. As stated in the Nahey v. Commr 196 F.3d 866 the taxpayer in this case acquired all the assets of the corporation on account of breach of contract relating to the installation of the new computer machine [9]. Hence, the damages or compensation received from Fastwater Ltd may arguably constitute, as an income because it involves periodic payments and does not comprises of payment in lump sum. Compensation because of loss of earning capacity may constitute as an income if the payment is considered as periodic and it is subjected to be a supplement to the payees income. Where the receipt is lump sum consisting of non-liquidated damages it can be advantageous for the Neptune Ltd to determine the tax considerations while making a payment for the accounting year of 2016-17[10]. Thus, the compensatory amount received by Neptune Ltd does not constitute any tax liability as it is a compensatory gains suffered on account of non-performance of contract. Reference List: Barker, Kit,The Law Of Torts In Australia(Oxford University Press, 2012) Cartwright, John,Misrepresentation, Mistake And Non-Disclosure Clark, E. 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