COURSE: COMMERCIAL LAW

In your answer, please refer to judicial approaches to statutory interpretation, intrinsic and extrinsic aids for interpretation, and any relevant maxims of interpretation.

After a series of fights at children’s weekend sports games Parliament passed the Safety in Sports Act 2012. The Minister of Sport and Recreation during the Safety in Sports Bill’s first reading stated that:

“This Bill will protect players, spectators and officials who attend sporting matches. Some spectators, in particular parents, have got carried away at sports games and fights have broken out. If spectators and players bring weapons to games the risk is that serious injury and even death may occur if weapons are used during fights. Even the sight of such weapons can be intimidating or lead to the escalation of tensions at a sports match. I am determined to ensure sports matches are safe for everyone. ”

Section 5 of the Safety in Sports Act states that:

The purpose of this Act is to protect players, officials and spectators by preventing people from bringing dangerous weapons to sports games.

Section 2 provides that:

“Sports event” means a game of organised sport run by a sports organisation.

“Weapon” includes a knife, gun, baseball bat or any other weapon.

Section 10 states that:

“It is an offence for any person to be in possession of a weapon at any sports event and is punishable by a fine of up to $10,000 or to imprisonment for a term not exceeding 2 years.”

Section 11 states that,

“Searches under this Act may be conducted by a member of the New Zealand Police Force or an official of a sports organisation.”

Max is 16 years old. On 1 June 2012 he brought a replica plastic pistol to his Saturday morning soccer game for the Tohunga Football Club (TFC) at Grey Lynn Park. It was a birthday present from his uncle and he wanted to show it off to his friends. The pistol looked real, but it was made of plastic and could not harm anyone.

Max showed the pistol to his team mates before the game and then put it in his sports bag which his mother, Mary, held during the game. During the game the president and a member of the organising committee of the TFC conducted a search of the spectators. The pistol was found and confiscated.

Mary was charged with breaching s10 of the Safety in Sports Act 2012.

Max was expelled from the TFC for breaching s10 of the Safety in Sports Act 2012.

Steve is also at Grey Lynn Park at the same time having a casual game of touch rugby with a few friends.

They were playing 300 metres away from the Tohunga soccer match. Steve had a hammer in a backpack

which was on the ground next to where he was playing.

Steve was a builder and was going to work straight after the game. Steve never left his tools in his car as he

had had tools stolen from his car on a number of occasions.

Steve’s bag was searched by an employee of Blackwater, a security company employed by the TFC and the

hammer was discovered. Steve was charged with breaching s10 of the Safety in Sports Act 2012.

Required:

Advise whether Mary, Max and Steve have breached the Safety in Sports Act 2012?

Case 10.1

"Pauline McKee, an 87-year-old grandmother, was attending a family reunion at the Isle Casino Hotel Waterloo, a combination hotel and casino. One evening she and several members of her family gambled at the casino. McKee was playing a penny slot machine called “Miss Kitty.” A person wins at the Miss Kitty game by lining up different combinations of symbols from left to right on the slot machine screen. The game includes a button entitled “Touch Game Rules” in the lower left-hand corner of the screen. Tapping this button displays the rules that govern the game and a chart describing potential winning combinations of symbols. These rules do not mention any additional bonus, jackpot, or prize available to a person playing the Miss Kitty game. The rules state “MALFUNCTION VOIDS ALL PAYS AND PLAYS.” A sign posted on the front of the machine reiterates “MALFUNCTION VOIDS ALL PAYS AND PLAYS.” McKee did not read the rules before she played the slot machine.

While playing the game, McKee won $1.85 based on how the symbols had lined up on the slot machine screen. However, at the same time a message appeared on the screen stating “Bonus Award $41797550.16.” The casino paid McKee $1.85 but refused to pay the alleged bonus, claiming it was an error and not part of the game. McKee sued the casino in district court to recover $41,797,550.16. The casino introduced evidence that the appearance of the bonus on the screen was an error in the computer system of the game. The casino made a motion for summary judgment, which was opposed by McKee. The district court held that the rules of the Miss Kitty game were an express contract between McKee and the casino. The court granted summary judgment to the casino. McKee appealed.

Issue

Was there a contract between the parties that provided for the payment of a bonus when playing the Miss Kitty slot machine?

Language of the Court

Gambling contracts are governed by traditional contract principles. We agree with the district court that the Miss Kitty rules of the game are the relevant contract here and that they form an express contract. Further, it is undisputed the rules of the Miss Kitty game did not provide for any kind of bonus. Hence, in our view, McKee had no contractual right to a bonus. Nor is it relevant that McKee failed to read the rules of the game before playing it. It is sufficient that those rules were readily accessible to her and she had an opportunity to read them. On the play in question, the alignment of the reels entitled McKee to a prize of $1.85, and the casino paid it to her, fulfilling its side of the contract.

Decision

The Supreme Court of Iowa affirmed the district court’s grant of summary judgment in favor of the casino."

Read Case 10.1 in your text.

A) Do you think the Court ruled correctly? Why or why not?

B) What does the term "a contract is a contract is a contract" mean and how does it relate to this case?

C) Identify two (2) other examples when people may not read rules or provisions of service that may affect them if there is a problem.

D) Pick an ethical principle that the casino followed by not paying the bonus.

IN LINUX/UNIX

1. Based on the example “awkc7” introduced in the handouts, please write an awk script to display the first six records in “loginfile.” Please test your script to make sure the script displays the following information:

ics325sp200221 pts/6        75.168.197.229   Wed Apr 29 22:09 - 23:27 (01:17)    

ics325sp200221 pts/10       75.168.197.229   Wed Apr 29 22:04 - 22:07 (00:02)    

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 15:28 - 15:30 (00:02)    

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 15:22 - 15:23 (00:00)    

ics325sp200222 pts/11       68.47.45.2       Wed Apr 29 14:54 - 22:34 (07:39)    

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 14:52 - 15:08 (00:15)  

2. How to modify “awkc7” so that we can display the last three records in “loginfile?” (you can assume that we have only 7 records in “loginfile”). Please test your script so that it displays the following information:

ics325sp200222 pts/11       68.47.45.2       Wed Apr 29 14:54 - 22:34 (07:39)    

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 14:52 - 15:08 (00:15)    

ics325sp200221 pts/8        75.168.197.229   Wed Apr 29 14:03 - 22:10 (08:07)

3. Based on the example “awkc7” introduced in the handouts, please write an awk script to display the records from the third to fifth in “loginfile.” Please test your script to make sure the script displays the following information:

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 15:28 - 15:30 (00:02)    

ics325sp200220 pts/10       24.118.187.116   Wed Apr 29 15:22 - 15:23 (00:00)    

ics325sp200222 pts/11       68.47.45.2       Wed Apr 29 14:54 - 22:34 (07:39)       

4. As we know, the command “df –h” will return the following message:

Filesystem      Size Used Avail Use% Mounted on udev            3.9G 4.0K 3.9G   1% /dev tmpfs           799M 800K 798M   1% /run /dev/dm-0        97G   44G   48G 48% / none            4.0K     0 4.0K   0% /sys/fs/cgroup none            5.0M     0 5.0M   0% /run/lock none            3.9G     0 3.9G   0% /run/shm none            100M     0 100M   0% /run/user

/dev/sda1       236M   40M 184M 18% /boot

Please write an awk command to parse the output of “df –h” so that the following information is displayed: (hint: study “awkc8” in the handout and “example 7” in lab 7)

Total Used Disk Space: 44G

5. Based on the examples “awkc8” and “awkc88,” write an awk script called “awkc888” that takes two input values and output the larger one as shown below:

$ ./awkc888 100 40

100

$

$ ./awkc888 100 240

240

$

QUESTION 1

Diandra Bhd is a manufacturer and supplier of men and women apparel. It operates in one district in northern area of Kedah. The company closes its account on every 31 December.​ The company owns a factory and a piece of land on which the factory stands. The land was acquired in 2013 for RM500,000 and the factory was built in early 2014 at a cost of RM950,000.

In recent years, there has been a boom of demand for both men and women apparel which require Diandra Bhd to store enough apparel to meet the demand. Due to that, Diandra Bhd has constructed a new warehouse next to the existing factory. It is expected that the cost of the new warehouse is RM1,000,000. On 28 February 2018, the company paid RM30,000 for the architect fees. In addition, the company paid RM20,000 to city council for the building permit on 5 March 2018. The construction of warehouse began on 8 March 2018 and the following expenditures were occurred during 2018:

Date                            Expenditure (RM)

1 April                                     270,000

7 June                                      280,000

20 July                                     120,000

1 October                                100,000

30 November                            30,000

The construction of the warehouse was completed on 31 January 2019. To finance the construction of the warehouse, Diandra Bhd borrowed with Xandra Bank RM450,000 on 1 April 2018 at the interest of 8% per annum. Other loan outstanding by Diandra Bhd are 10 %, RM400,000 bond payable and notes payable of RM300,000 with an interest rate of 12% per annum.

Diandra Bhd adopted revaluation model to account for its factory and used to revalue its factory every three year. The revalued amount of factory for the year ended 2016 was RM550,000. The company also conduct an impairment test every year if there is an indication of impairment. For 2015, the factory fair value less cost to sell is RM600,000 and value in use is RM670,000. The useful life of the factory building is 10 years and Diandra Bhd uses the sum-of-the-years digits method to account for the depreciation.

As an incentive from the government, Diandra Bhd also received RM250,000 grant in 2018 to buy a new sewing machine with modern technology which can boost its apparel production. The new sewing machine cost is RM500,000 with a useful life of 8 years. Due to shortage of power supply caused by lightning in December 2018, the machine broke down and the company spent RM50,000 to repair the machine. The repair involved an installation of a new software that is expected to increase the efficiency of the machine and able to produce more quantity of apparel.

REQUIRED:

(Round your answer to the whole number)

(a)     Calculate interest to be capitalised for the construction of the warehouse during 2018 and 2019.

(b)    Prepare journal entries to record interest capitalization for 2018 and 2019.

(c)     Assume that there was no impairment loss recognised in 2014. Determine the amount of impairment loss for factory for the year ended 2015 (if any) and prepare the relevant journal entry (if any).

(d)    Prepare the journal entries to record depreciation and revaluation of factory in 2016.

(e)     Briefly explain government grants and discuss the accounting treatment for government grants in accordance with MFRS120 Accounting for Government Grants.

(f)     Based on the amount of government grant received by Diandra Bhd, explain the effect of each accounting treatment to company’s financial statement.

(g)     Explain the accounting treatment for the repair of sewing machine.

Is there a difference between community college statistics students and university statistics students in what technology they use on their homework? Of the randomly selected community college students 67 used a computer, 86 used a calculator with built in statistics functions, and 22 used a table from the textbook. Of the randomly selected university students 40 used a computer, 88 used a calculator with built in statistics functions, and 39 used a table from the textbook. Conduct the appropriate hypothesis test using an αα = 0.01 level of significance.

1. What is the correct statistical test to use?
   • Goodness-of-Fit
   • Independence
   • Homogeneity
   • Paired t-test
2. What are the null and alternative hypotheses?
   H0:H0:
   • Type of student and type of technology used for statistics homework are dependent.
   • Type of student and type of technology used for statistics homework are independent.
   • The distribution of the technology that community college statistics students use for their homework is the same as the distribution of the technology that university statistics students use for their homework.
   • The distribution of the technology that community college statistics students use for their homework is not the same as the distribution of the technology that university statistics students use for their homework.
   
   
   
   H1:H1:
   • The distribution of the technology that community college statistics students use for their homework is the same as the distribution of the technology that university statistics students use for their homework.
   • Type of student and type of technology used for statistics homework are independent.
   • The distribution of the technology that community college statistics students use for their homework is not the same as the distribution of the technology that university statistics students use for their homework.
   • Type of student and type of technology used for statistics homework are dependent.
3. The test-statistic for this data =  (Please show your answer to 2 decimal places.)
   
4. The p-value for this sample = (Please show your answer to 4 decimal places.)
   
5. The p-value is Select an answer less than (or equal to) greater than  αα
   
6. Based on this, we should
   • accept the null
   • fail to reject the null
   • reject the null
7. Thus, the final conclusion is...
   • There is sufficient evidence to conclude that the distribution of the technology that community college statistics students use for their homework is the same as the distribution of the technology that university statistics students use for their homework.
   • There is insufficient evidence to conclude that type of student and type of technology used for statistics homework are independent.
   • There is sufficient evidence to conclude that type of student and type of technology used for statistics homework are dependent.
   • There is insufficient evidence to conclude that the distribution of the technology that community college statistics students use for their homework is not the same as the distribution of the technology that university statistics students use for their homework.
   • There is sufficient evidence to conclude that the distribution of the technology that community college statistics students use for their homework is not the same as the distribution of the technology that university statistics students use for their homework.

Supplemental Case Chapter 5: Gain Sharing at CircleWorks CircleWorks has been making custom bicycles for biking enthusiasts for nearly fifty years. The family-run company has had much success using small teams of employees to build bicycles to meet customer specifications. The custom built bikes have been in consistent demand and CircleWorks has maintained their position as a leader in the market. But, as a new generation of bike builders enters the workforce, Human Resources Director Sheila Gaines is concerned about employee motivation. She is considering offering incentives to encourage better teamwork, more employee involvement and improved productivity. Introducing incentive pay is a challenge at CircleWorks as it runs contrary to the organizational culture. The family who started the company believed strongly in hard work and traditional management practices and this view dominates the organizational culture. The company President has suggested to Sheila that employees should be motivated only by the satisfaction of getting the job done. Further, company management is somewhat resistant to employee involvement in decisions. While they have always had a suggestion box available, very rarely does management look to employees for input on operations. Advancing technology has allowed many changes in production techniques and management believes that the design engineers are in the best position to guide changes in the work processes. The bikes are built using teams of four to five workers who follow specific directions on building each bike. Because the bike designs are fairly intricate, each bike takes a designated amount of time to build and there is not much variability in the speed of production. However, Sheila has noted that some teams do work together better than others and wants to reward such cooperation. She has considered productivity bonuses awarded to the teams, but has also considered implementing a gain sharing plan. Sheila believes that some incentives directed at all employees as opposed to the individual teams may promote more cooperation overall within the company. Further, as new workers with varied talents enter their workforce, Sheila wants to provide some incentives for the employees to make improvements to the production process. As she prepares to meet with the company President, she must decide if a gain sharing plan is the best recommendation Read the case study and provide a recommendation to assist Human Resources Director Sheila Gaines in deciding whether a gain sharing plan is the best option for CircleWorks. Be sure to follow APA guidelines and write your paper in the proper format

1. LEED is an acronym for Leadership in Energy and Environmental Design.                                                True/ False          
2. Breeam Assessment is used in the UK for only new construction rating.

True / False

3. Cradle to cradle design approach has similar design philosophy with cradle to grave design approach.  

True / False

4. Operational energy is the energy required to power the built environment.                          True/ False
5. Green seal is a certification organization to certify wood products.                                                      True / False
6. Electronic control units help to reduce water consumption.                                                                           True / False
7. Hydrolic cycle is the continuous cycling of water between planetary reservoirs.                              True/ False
8. Passive ventilation system is same with passive cooling system.                                                                                           True/ False
9. The LEED rating systems is organized into six environmental categories.                                                       True/ False
10. Green Globes rating tool is a rating system used in the UK for only new constructions.

True / False

11. Life cycle assessment is a method for integrated energy consumed in the process of raw material.

True / False

12. Only 5% of the earth water is fresh water.

True / False

13. ‘Xeriscaping’ is a technical term used to define water percentage from earth’s surface as rivers, streams, lakes, and ponds.

True/ False

14.   ‘Green building products’ terminology is used to define ‘Green Building Materials’.

Ture/ False

15. According to Cardinal Rules fir a closed-Loop Building Material Strategy, complete dismantling of the building is required so that materials input at the time of the building’s construction can be recovered.

True/ False

16. Athena Environmental Impact Estimator is an LCA tool that focuses on the assessment of whole building.

True/ False

17. Carbon Dioxide, Methane and Nitrous Oxide are the measurement of global warming that directly integrated with Environmental Performance Score

True/ False

18. Metals have the highest potential in recycling and most of the construction meatl can be reused.

True/ False

19. Carbon biogeochemical cycle has three phases as (i) active cycling, (ii) passive cycling, and (iii) slow-cycling.

True/ False

20. ‘Optimized Carbon Foot print’ is the ‘optimized operational energy’ to run built environment operations.

True/ False

21. Performance index decreases with increasing sensory pollution load.

True/ False

22. Site protection plan is used to minimize construction operations including erosion and sedimentation control.

True/ False

23. On-site fabrication of building components creates a large amount of construction scrap that is wasted.

True/ False

24. Certified and Silver Productivity and health value is used to define savings for buildings certified by USGBC.

True/ False

To reduce first costs of construction, structural design should be minimized without adversely affecting structural performance.

True/ False

Write a program that sorts prices of 10 tacos in ascending order based on the price, using arrays.

Requirements:

• The user enters the name of the taco and then the price of the taco
  • HINT: Two arrays make this problem simpler. One with the names and the other with the prices. The indices indicate the combination. For instance, a taco price at index 5 has its name also at index 5 of the other array.
  • HINT: It is a good idea that after using keyboard.nextDouble() to write the following line: keyboard.nextLine();. The scanner will not consume everything in the buffer unless you tell it to using nextLine.
• After 10 tacos are entered they are sorted based on the price
  • You can use any sorting method such as bubble sort or selection sort
• Display the results at the end
• Arrays must be part of the solution, and other built in Java data structures, such as ArrayLists, may not be used.
• Sorting must be implemented (bubble sort, selection sort, etc.) in the solution, and other built in Java sorters may not be used.

Example Output

Welcome to the taco price sorter! Enter 10 taco names and prices and I'll sort it!

Enter the name of taco 1

Crunchy Taco

Enter taco's price

1.19

Enter the name of taco 2

Crunchy Taco Supreme

Enter taco's price

1.59

Enter the name of taco 3

Soft Taco

Enter taco's price

1.19

Enter the name of taco 4

Soft Taco Supreme

Enter taco's price

1.59

Enter the name of taco 5

Chicken Soft Taco

Enter taco's price

1.79

Enter the name of taco 6

Crispy Potato Soft Taco

Enter taco's price

0.99

Enter the name of taco 7

Double Decker Taco

Enter taco's price

1.89

Enter the name of taco 8

Double Decker Taco Supreme

Enter taco's price

2.29

Enter the name of taco 9

Doritos Locos Taco (Nacho Cheese)

Enter taco's price

1.49

Enter the name of taco 10

Doritos Locs Tacos(Fiery) Supreme

Enter taco's price

1.89

Sorted Tacos are

Taco Prices Crispy Potato Soft Taco 0.99

Taco Prices Crunchy Taco 1.19

Taco Prices Soft Taco 1.19

Taco Prices Doritos Locos Taco (Nacho Cheese) 1.49

Taco Prices Crunchy Taco Supreme 1.59

Taco Prices Soft Taco Supreme 1.59

Taco Prices Chicken Soft Taco 1.79

Taco Prices Double Decker Taco 1.89

Taco Prices Doritos Locs Tacos(Fiery) Supreme 1.89

Taco Prices Double Decker Taco Supreme 2.29

Hydraulics & Hydrology

Problem Statement

The Romans were exquisite water engineers, and that without having at their disposal the modern tools and the knowledge we have today. Remember that Hydraulics and Hydrology as we know it now only came to be in the 1700’ when engineers started to put a fundamental framework together that is/was based on lab experiments and theoretical approaches and principles. Until then, you just “knew”. The Romans build all sorts of hydraulic systems, from irrigation canals, to water supply infrastructure, to the famed “hot baths” of Rome, to sewer systems, you name it. They realized that if you want water for different purposes at locations that were important to you that very often you had to get the water there because it just was not available in close proximity.

One of the marvelous feats they accomplished was to build water supply systems that would run over dozens of miles to convey water from sources to locations of need, typically the towns and cities they founded in their vast empire. They managed to do so by building a lot of infrastructure that withstood time and that, almost 2000 years later, is still in place for us to marvel at. Especially the many bridges that were built to cross valleys and gorges to keep the supply line flowing as an open channel are spectacular in their construction, such as the Pont du Gard, Segovia, and Aquila aqueducts.

Task:

1. Create a small inventory of the 5 most prominent and well-known aqueducts around to this day (you make a decision on what the criteria are for the selection of the 5). Come up with some describing parameters (for sure show an image or two) such as location, total length, capacity, year of built, special features, how many bridges, building materials, etc. Be creative and decide on your own what you want to tell about them.

2. Pick one of them and carry out a hydraulic analysis. I am interested here in typical characteristics such as discharge capacity, slopes, cross sections, but also operation: how did you get the water into the aqueduct, control structures, terminal end structures, Manning’s “n”, ... But also how they were lined, how gaps between construction elements were sealed so no seepage (or losses) would occur. It would also be great if you could treat the aqueduct as a chain of: uniform, rapidly (around controls), and gradually varied flow sections. Carry out a few analyses steps and report on what happens to energy and friction grade lines in these sections, preferably of the entire length of the aqueduct.

Material covered:

• Loops
• Functions
• Data Structures
• Randomness
• Numpy arrays

(python language)

Problem statement

A single amoeba sits in a pitri dish. Every 5 minutes one of two things will happen to the amoeba:

1.    There is a chance that the amoeba dies - producing no offspring.

2.    If it does not die the amoeba splits into two amoebas.

make a function that simulates a single trial to calculate the lifespan of a colony of amoebas, given their chance of survival. Then, run that trial for some number of repeated trials (iterations).

To make this work, write the following functions. Test your functions fully before moving to the next one. You do not have to follow this order, but it is encouraged.

BUILD A PROGRAM USING THIS 4 STEPS.

1 - Calculate next generation

make a function that is passed the number of living amoebas, and the odds of survival - then calculates how many amoebas are alive in the next generation. Each amoeba in the population has a random chance of splitting, or dying. See the above random chance of dividing, or dying. Calculate the number of amoeba in the new generation.

2 - Single Trial

built a function that executes a single trial of the amoeba experiment. A trial is to simulate up to 20 generations of an amoeba colony. If there are no remaining amoebas, the function should exit without continuing calculating more generations.

This function should return a tuple that contains three pieces of data:

1.    The number of iterations that were simulated.

2.    A boolean indicates if all the amoebas are dead before 20 generations.

3.    The final population.

3 - Repeat the trial

built a function that will repeat the trial function 1000 times, storing the output of the trial in numpy arrays. Print the report for these repeated trials. Your output should be to two decimal places.

Report on the percentage of colonies that did not survive (end with 0 amoebas), and the average number of generations for failed colonies. Finally, report on the average population size on successful populations.

4 - Repeat trials with different survival rates

Do many trials, using different survival rates. Start with a 50% survival rate, then report in intervals of 5 all the way up to 95% survival rate.

This piece can be in a function, but does not need to be.

Sample output - yours will vary in terms of numbers:

OUTPUT:

For survival odds 0.50:

  The amoebas did not survive 93.70% of the time.

  On failures, there were 2.83 generations on average.

  If the amoebas did survive, the average population was 14.10

For survival odds 0.55:

  The amoebas did not survive 80.10% of the time.

  On failures, there were 2.71 generations on average.

  If the amoebas did survive, the average population was 31.61

And so on, up to 95%