Claim against the Commissioner of Police on the psychiatric injury of Scarlett Duty of care and breach of duty The issues are whether the police owed a duty to Scarlett to protect secrecy of the confidential information; and whether the duty was breached by the police by leaving the confidential information in an unattended police vehicle. To establish the existence of duty of care‚ foreseeability‚ relationship of proximity‚ and fair‚ just and reasonable should first be proved. In Hill v CC
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One of the duties that company directors need to comply with is fiduciary duties. This is so as company directors are said to be in a fiduciary relationship with the company. When directors are in a fiduciary relationship with the company‚ they are prohibited from doing any acts deemed prejudicial to the company. In other words‚ by applying the judgment in Hospital Products Ltd v United States Surgical Corpn‚ directors cannot and should not use his position to receive personal gains. The traditional
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Top 5 Questions To Ask Before Hiring A Funeral Director Choosing the option of hiring a funeral director to help you with funeral arrangements is quite helpful but will make more sense if you interview more than one person in order to compare their costs and services as well as their style of operation. So while opting to hire a Funeral Director‚ it is ideal to allow a friend or family member to accompany you as you pay a visit to the funeral director in order to give you moral support and for second
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|Directors Duties and the notion of True and Fair. | After the failure of ABC Learning’s‚ Centro Properties and Hastie Group many companies and their accounts came under scrutiny. The collapses of these high profile company’s had a weighty effect on creditors‚ customers‚ employees‚ government and other stakeholders. The questions raised in each of these cases‚ is to what extent is it the director’s duty to ensure that
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that 40 million credit and debit card accounts were compromised by a data breach. The information had appeared to be stole around black friday of 2013. This is the busiest shopping day of the year.The retailer said that the information stolen between November 27 and December 15‚ 2013 included personal information of as many as 70 million people more than the 40 million the company originally estimated. Target discovered the breach on December 13th and notified the justice department.The information stolen
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Directors: Qualification/disqualification‚ appointment‚ duties and liabilities of directors. Also‚ explain ‘independent directors’ and their responsibilities. Company law in Malaysia is governed by Companies Act 1965. This Act is modelled on English Companies Act 1948 and Australian Uniform Companies Act 1961. Therefore‚ references will be made to English and Australian cases for interpretation of the law on certain areas. In every company there are directors to manage and direct the company.
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Breach in that duty of care? So‚ you’ve established a duty of care is owed‚ now we need to know if that person has breached the duty of care‚ meaning if you owe someone a duty of care and you’ve not met the standards required‚ this is generally displayed through the ‘reasonable man test’‚ which is a test to show how someone else would of reacted in that situation‚ someone in your department‚ so if you had a surgeon you’d ask another surgeon their opinion(a child is not expected to reach the standard
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Q 1.) What should you do in response to Eric’s request for “light duty”? Would you grant his request? Why/ Why not? Please be specific about the factors you would consider and the potential solutions. The first step in considering if Eric is entitled to a light duty accommodation would be to understand if he is covered under the American Disability Act. To ascertain his eligibility‚ it is essential to consider if Eric is disabled under ADA and if he can perform all the essential job functions of
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Target data breach is a very good example of the risks of using single level/layer defense strategies for information security in an organization. In fact‚ it taught us and the organizations in the information security industry a very valuable lesson as to how important is it to employ strategies like Defense in Depth‚ Critical Controls etc.‚ Below is a brief summary of steps that can be taken to avoid such attacks. I’ve included the chain of different events that led to the Target Data breach and the
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Directors’ Fiduciary Duties: A New Analytical Framework ___________________________________ Ernest Lim* INTRODUCTION Prior to the enactment of the Companies Act 2006‚ the equitable principles on directors’ fiduciary duties of loyalty comprising the no-conflict and no-profit rules have been characterised in the form of either a strict or flexible approach.1 Simply put‚ under the strict approach2‚ absent the company’s informed consent‚ liability is automatically triggered if a director enters into
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