Lender Liability and the Duty of Good Faith I. Introduction From time to time‚ lenders and their attorneys announce that lender liability is no longer an issue with which the lending community needs to be concerned. What usually prompts this proclamation of the death of lender liability is a recent case in which a court has summarily rejected a borrower ’s claim that the lender violated the duty of good faith and fair dealing. Many courts have rejected borrowers ’ lawsuits which are based on
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Indeterminate Liability Liability is indeterminate only when the number of claims or the size of the claims cannot be realistically calculated. Therefore‚ indeterminacy depends upon what the defendant knew or ought to have known regarding the number of claimants and the nature of their likely claims. Hence‚ liability will not be imposed if it may lead to liability in an indeterminate time to an indeterminate class. In assessing indeterminacy in this case‚ 23andMe is a genome-testing organisation
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Before commenting upon the nature of Limited Liability Partnerships (LLP) it is necessary to understand the system of partnership that it embodies. The LLP is provided for by the provisions of the Limited Liability Partnership Act‚ 2008. Under this act the LLP has been described as a “body corporate” and a artificial legal personality with perpetual succession. Under the LLP the partners can manage the rights of duties though the means of an agreement that would be governed by the LLP act. The interested
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This paperwork includes ACC 543 Presentation Finding the Perfect Location Business - Accounting Learning Team Assignment: Location‚ Location‚ Location You are an accountant at a small accounting firm. One of your clients is looking to open a small river-rafting business. Your client will run the business operations from a mobile home office on a piece of land on the riverbank. Your client must decide the best location to start this business and has asked you to explain the accounting advantages
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CHAPTER 4 Legal Liability Of CPAs Review Questions 4-1 There are several reasons why the potential legal liability of CPAs for professional "malpractice" exceeds that of physicians and other professionals. One reason is the vast number of people who may sustain damages. If a physician or attorney commits a serious error‚ the number of injured parties generally is limited to one individual patient or client. When a CPA’s report is in error‚ literally millions of investors
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points in determining materiality in accounting measurements 4. Interpretive guidance for revenue recognition 5. Prompt resolution to the Financial Accounting Standards Boards definition of liabilities issues 6. Targeted reviews of any public company that announces restructuring liability reserves‚ has any major
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expansion of constitutional torts in India. TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private
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1. The accrual basis of accounting: (Points : 1) Is generally accepted for external reporting because it is more useful for most business decisions Is flawed because it gives complete information about cash flows Recognizes revenues when received in cash Recognizes expenses when paid in cash Eliminates the need for adjusting entries at the end of each period 2. The 12-month period that ends when a company’s activities are at their lowest point
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Week 6 Contributions of Enterprise Systems IT/205 Enterprising systems are large-scale systems including application software packages that use data storage‚ data transmission powers of modern information technology to support business processes‚ data flow‚ reporting‚ and data analytics within and between organizations. Enterprising systems will have major impact on a business whether it fail or succeed systematically. Enterprising systems support an organization company-wide and not just a single
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This paperwork - ACC 422 Week 3 Discussion Questions - consists of: DQ 1: What is the purpose of depreciation? Does the book value of a fixed asset (cost minus accumulated depreciation) communicate to a user what the asset is worth? Explain why or why not. Should the financial statements reflect the value of fixed assets? Explain why or why not. DQ 2: What is an intangible asset? Should all intangible assets be subject to amortization? Explain why or why not. Why are some
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