When a business is conducted between a buyer and a seller via a representative‚ the legal relationship between the seller / the principal and the representative / the agent is governed by the Law of Agency. A fiduciary relationship created under the law of agency in which one person has a legal authority to act for another‚ can arise from1. 1. An oral or written expressed agreement‚ whereas agent is appointed by the principal for a particular task‚ 2. Ratification of an agent’s conduct
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Subject: Negligence Liability of Accountants ______________________________________________________________________ Facts By law‚ accountants may be responsible for customers that hire them in various legal theories‚ including contract‚ fraud and negligence. Accountant malpractice happened when he or she violates the duty of reasonable care‚ knowledge‚ skills and judgment that he or she is due to a client or to the laws to provide auditing and other services. South Asset Management Co hired
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relationships are formed when a principal (employer) and the agent (person acting on the principals behalf) agree on a working arrangement in which the agent acts on the behalf of the principal. The Agency is governed by a large body of common law known as agency law (Cheeseman‚ 2010). In this scenario the local electronic superstore is the principal and Robert is the agent doing the delivering. The principal-agent relationship is formed when an employer hires an employee and gives that employee
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Consider the possible conflicts between legally doing business and selling fast-food‚ given the increasing evidence of how it is a significant contributing factor in public health‚ obesity‚ and diabetes facing many Americans. Now‚ based on what you’ve learned in this module‚ answer the following: A) After reading the Inside Story section of Chapter 1‚ do you agree with how Disney Company is handling the issue? Why or why not? B) Does government (federal‚ state‚ or local) have a right or a responsibility
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Federal court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. The Federal Court hears appeals from the Court of Appeal. Leave to appeal must always be obtained prior to proceeding with the appeal. The Federal Court is headed by the Chief Justice. According to Article 122(1) of the Federal Constitution‚ the Federal Court shall consist of the Chief Justice‚ the President
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Questions: 1. Define Negligence or Culpa. 2. What are the kinds of Negligence? 3. What are the successive rights of the creditors to satisfy the claims of his debtors? Answers to Questions: NEGLIGENCE Negligence‚ also known as Culpa‚ is the failure to observe for the protection of the interests of another person‚ that degree of care‚ precaution and vigilance which the circumstances justly demand‚ whereby such other person suffers injury. Negligence can also be defined as: The omission
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Business Law II Exam I Review ____ 1. As part of a loan to pay for improvements to her restaurant‚ Courtney executes a negotiable instrument in favor of Tim. They are the only parties to the instrument. A negotiable instrument that has only two parties is The promissory note is the simplest form of commercial paper; it is simply a promise to pay money. A promissory note is a two-party instrument in which one person(known as the maker) makes an unconditional promise in writing to pay
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An Essay on Clinical Negligence “We have always thought of causation as a logical‚ almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because‚ for policy reasons‚ it should not.” (Charles Foster NLJ 5/11/2004 page 1644). To what extent do you consider that Charles Foster is correct in that causation and clinical negligence should be a “mathematical business” and the courts have‚ by introducing matters of policy‚ confused
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judgement the law is clear. The ingredients of the offence have been clearly defined‚ and the principles decided in the House of Lords in Adomako . They involve no uncertainty. The hypothetical citizen‚ seeking to know his his position‚ would be advised that‚ assuming he owed a duty of care to the deceased which he had negligently broken‚ and that death resulted‚ he would be liable to conviction for manslaughter if‚ on the available evidence‚ the jury was satisfied that his negligence was gross."
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Question (a) Identify the principle of law The principles of law relevant to this question are the doctrines of intention and consideration. Explain the rules of law The doctrine of intention is an undertaking by both sides of an agreement to be legally bound either by an informal agreement such as verbal intention to purchase or act‚ or a written document stating intention to purchase or act‚ which could be in the form of a letter or a written statement as compared to a formal agreement
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