Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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PARTY LIABILITY) WORD COUNT 3000 The liability of auditors to third parties has been the subject of much litigation. Litigation claims against accountancy firms have increased dramatically in the last thirty years. Previously‚ such cases were rare and were viewed with great interest. Nowadays‚ whereas still treated with great interest they are becoming all kind of common. The specific area of auditors ’ liability to third
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undertakes to advise he must exercise reasonable care and skill in giving the advice. He is under no obligation to advise‚ but if he takes upon himself to do so‚ he will incur liability if he does so negligently.” ’ House of Lords in Banbury v. Bank of Montreal[1] I. Introduction The issue of legal liability of banks in the provision of negligent advice is one doctrine of law that has evolved through the years. In light of current controversies hounding the UK banking sector‚ it
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CERTIFICATION This academic report is a product of SANDRINE NJEMO NKA’A from an industrial training program at N ATIONAL PORT AUTHORITY CREDIT UNION LEAGUE [NPACCUL] for the period of August 1 to September 30. This report has been carefully developed in accordance to the conditions and criteria that satisfy the award of B.SC Accounting Degree from the Catholic University Of Bamenda Cameroon [CATUC]. Signature; ………………………………… ……………………………… The Manager NPACCUL
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decided a number of cases dealing with liability for injuries that occurred on the property of the defendant involving two different parties. On the basis of the premise liability claim‚ our client has a case against the hotel. The premise liability claim is based on common law principles of negligence and derives from an establishment’s lack of supervision‚ care‚ or control of the premises. RESTATMENT (SECOND) OF TORTS §344 (1965). According to the premise liability claim‚ a tavern owner has a duty to
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discussion thread‚ describe an area of caution that this material suggested to you as a teacher‚ and share any personal thoughts you might have on the issue. An area of caution that I might have an issue for my rights and responsibilities is 9-2j Tort Liability and Negligence. I can relate to the example in the text about a teacher getting charged with negligence when a child fell from a playground structure while the teacher was attending to other children. No‚ I did not get charged with negligence
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One of the most important duties of police officers is to prevent crime from happening. In the light of this objective‚ part of the regular duties of police officers is to go on patrol to improve police visibility. As they patrol the community‚ police officers have the responsibility to stop motor vehicles in case the driver commits a violation of motor vehicle law or in case the driver or his companions engage in suspicious activities. Ordinarily‚ motor vehicle stops are supposed to last a few
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Legal Liability 0f Parents Parents should and should not be held legally responsible for their children ’s actions. Parents who are incompetent and parents who are in the system themselves should be held responsible for their children ’s actions. Parents who are handicapped and parents who are competent should not be held responsible for their children ’s actions. Parents that do not rear their children should be held responsible. There are parents who do not care what the child does as
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Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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Distinguish between a liability and a environmental liability. Is there any difference in the principle? A liability is a present obligation of the enterprise arising from the past events‚ the settlement of which is expected to result in an outflow from the enterprise of resources embodying economic benefits whereas An environmental liability is an obligation to pay future expenditures to remedy environmental damage that has occurred because of past events or transactions‚ or to compensate a
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