"Critically evaluate in relation to the common law duty of care the liability of employers for references" Essays and Research Papers

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    Ong (CEO) Duty of care‚ skill and diligence: Ong failed to use reasonable diligence in discharging his duties. He did not inform the Audit Committee (“AC”) of the controversy surrounding the recognition of ISR revenue. For AIP‚ he made unwarranted assumption to consider ‘start of course’ as ‘start of course procedure’ without seeking professional advice. He had inappropriately recognized Franchise Revenue ‚ contributed by flip pathfinders’ agreements‚ albeit knowing that these agreements were

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    Strict Liability

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    Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required

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    Assignment Common Law Common law is based on the bible‚ stare decisis and precedent. Basically what this means is that common law is recognized as law even if it is not actually written in the books. For example common law marriage is recognized when a couple lives together for so long even if they do not have an actual marriage license(Miller & Jentz‚ 2010). Jurisdiction Jurisdiction is the authority of the court to hear a case. For example federal court hears federal laws‚ where a state

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    Employer Branding

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    ABSTRACT: Employer brand is the image of an organization as a great place to work in the minds of its current employees and key stakeholders- HR/employer branding in brief- benefits of employer brand- how to promote employer brand- The process of employer branding  employer brand image  corporate identity  employer brand reputation  unanswered questions Challenges in building a strong employer brand?- employer brand projects can be very complex more so if

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    Product Liability

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    Products Liability Research Paper By Bobby Brown Sunbeam is an American made brand that has produced various household appliances since 1910. Their products have included the Mixmaster mixer‚ the Sunbeam waffle iron‚ Coffeemaster‚ and an automatic toaster. In 1928‚ the company’s head designer‚ Swedish immigrant Ivar Jeppsson‚ invented the Mixmaster mixer. Introduced to the public in 1930‚ it was the first mechanical mixer with two detachable beaters whose blades interlocked. Barbara Thompson

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    Auditor Liability

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    The European Accounting Review 2000‚ 9:3‚ 371 385 Auditor liability rules under imperfect information and costly litigation: the welfare-increasing eŒ of liability ect insurance Ralf Ewert‚ Eberhard Feess and Martin Nell University of Frankfurt‚ Frankfurt am Main ABSTRACT This paper examines auditor liability rules under imperfect information‚ costly litigation and risk-averse auditors. A negligence rule fails in such a setting‚ because in equilibrium auditors will deviate with positive probability

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    (later – the Defendant) according to the Corporations Law of Australia‚ case law and other relevant sources. Executive Summery Sources of Company law in Australia The laws governing director’s duties and responsibilities come from three areas: The Common law Statute Law‚ under the Corporations Act 2001 A company’s constitution Introduction In order to start analyzing the given case‚ it is important to define the ‘law’ itself: … a set of rules‚ developed over a long period

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    Unit 054: Principles for implementing Duty of Care in Health‚ Social Care or Children’s and Young People’s settings Outcome 1: Understand how duty of care contributes to safe practice What it means to have a duty of care in my work role A duty of care is a key concept in working with others. The term ‘duty of care’ includes the concepts: • To keep individuals safe • To keep individuals free from harm • To allow/give choice Anyone working in a childcare setting‚ whatever the service

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    Principles of Liability

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    Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with

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    Professional and Design Liability BE0892 Practice Specialisation Professional Liability Liability for injury‚ including bodily or personal injury or death‚ and property damage arising out of the negligent act or omission of a professional‚ ie‚ pharmacist‚ physician‚ attorney‚ architect‚ engineer‚ in performance of their professional activities. How can liability arise? Contract Tort Statute and regulations e.g. Supply of Goods and Services Act‚ Building Regs. Express terms Implied terms

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