strict liability for some criminal offences? Strict liability offences are offences which do not require proof of mens rea. This means that the prosecution only needs to prove that the defendant voluntarily committed a forbidden act without considering if the defendant had the intention. Strict liability is contained in statutes or statutory instruments‚ and occasionally found in common law. Common law offences of strict liability include criminal libel and blasphemous libel. Also liability is rarely
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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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System: Does it favor the criminal? by xxxxxxxxxx xxxxxxxxxxx submitted to xxxxxxxxxx Business Law Instructor for ENG xxx: xxxxxxxxxxxxxxx March 26‚ 2000 The American Judicial System: Does it favor the criminal? Statement of Purpose As crime in America seems to be decreasing‚ reports from law enforcement experts state that: violent crimes are expected to increase (Butterfield 6). Many people feel that the American Judicial System treats the criminal as a victim
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Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors‚ recreational users‚ trespassers. A visitor according to the act was: An entrant of right An entrant other than
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iA Limited Liability Company (LLC) is a business structure allowed by state statute. LLCs are popular because‚ similar to a corporation‚ owners have limited personal liability for the debts and actions of the LLC. Other features of LLCs are more like a partnership‚ providing management flexibility and the benefit of pass-through taxation. Owners of an LLC are called members. Since most states do not restrict ownership‚ members may include individuals‚ corporations‚ other LLCs and foreign entities
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The impact of British Administration on Hindu Law: When the East India Company established their business in Indian subcontinent they were not aware about the laws of that area. As a result they faced problems in the administration levels. The main concern of the administrators of East India Company‚ Hastings and also his immediate successors‚ was to ensure maximum amount of land revenue along with the introduction of a judicial administration of both civil and criminal‚ which would command the
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Auditor Liability in Canada A & B Is it reasonable for a potential investor or existing shareholder to rely on audited financial statements that a corporation makes available for public consumption? Should an investor be able to sue a corporation’s auditor if audited financial statements materially misrepresent the financial status of the company audited? a. Should a potential investor only be able to sue the corporation? b. Should there be any limit on the auditor’s liability? Negligent
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of Limited Liability Partnership. Its purpose was to solve the conflict | |between the continually expanding professional service organizations and unlimited joint liability. In 2006‚ newly revised the | |"Law of the People’s Republic of China on Enterprise Partnership" referenced this system‚ referred to as "special general | |partnership". This new organization blocked the unlimited joint liability among partners‚ partners protected by limited | |liability. Because of
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and purpose behind criminal and civil law. First it is useful to define what is meant by the term law. Law could be defined as “a set of rules to encourage a more peaceful society”. In other words‚ law regulates and protects society by defining undesirable behaviour and providing a framework of punishment. As a society we accept some acts are undesirable and the state enforces a system of laws to identify and punish these. This is the system of criminal law. In this way laws define our rights
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CHAPTER 6 ASSET-LIABILITY MANAGEMENT: DETERMINING AND MEASURING INTEREST RATES AND CONTROLLING INTEREST-SENSITIVE AND DURATION GAPS Goals of This Chapter: The purpose of this chapter is to explore the options bankers have today for dealing with risk – especially the risk of loss due to changing interest rates – and to see how a bank’s management can coordinate the management of its assets with the management of its liabilities in order to achieve the institution’s goals. Key Topic In This Chapter
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