sale of the Hotel with the premises of the women continuing the payment for the hotel mortgage after the sale was completed. The couple alleged error in the refusal of the court to make effective their claim that the mortgage was obtained by a fraudulent sale‚ and that they should be allowed
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A. Introduction Joe (“J”) is attempting to sue Dazzle Dry Cleaners (“D”) for compensation for the loss occurred due carelessness of D. D will defend itself likely by proving exclusion clause as a part of the terms of its contract with J. In order to advice J it necessary to determine whether the clause has a contractual effect. Secondly it is necessary to determine the terms of the contract and analyse if creation of such clause protects the party relying on it from the consequence of breach
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to “reduce unethical corporate behavior and decrease the likelihood of future corporate scandals‚” (Weygant et al‚ 2012‚ p. 7). There is uncertainty that these bodies and law reforms have had a true impact on limiting fraudulent accounting practices or misrepresentation in financial statements. In Koh et al (2007) it is found that management continues to focus heavily on analyst projections and to meet or exceed these expectations. They also conclude “…SOX cannot effectively improve financial
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principles and values may be compromised if we are not rooted in the truth which is the Word of God. The Bible aims to establish a code of conduct and behavior for believers to avoid wrongdoings and engage in fraudulent activities. Accounting fraud is defined as “the intentional misrepresentation or alteration of accounting records regarding sales‚ revenues and expenses or other factors for a profit motive” (businessdictionary.com‚ n.d). All companies are susceptible to fraud because their Accounting
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prevent the occurrence of these potential dangers. Though the computer technology makes the accounting operation more accurate and faster‚ this still involves several threats in terms of the security and reliability of the accounting information. Fraudulent activities‚ management cheats‚ virus infection‚ costs and so forth‚ are all need precaution from the operation of the organization. However‚ proper selection of software‚ execution of internal control and other precaution measures may help relieve
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Steven Westgate BUS345.01 Business Law I Chapters 9‚ 10‚ 11‚ 12‚ 13‚ 14‚ 15‚ 16‚ 17‚ and 18 Professor Sappington November 3‚ 2003 1) This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts‚ the contract was created through the conduct of the parties‚ not through words. This is what Miller and McCleskey have done. The parties both agreed through their
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strategy through acquisitions‚ its loans to senior executives‚ and poor corporate governance contributed to the fall of the company. Through a series of fraudulent activities and unethical behavior‚ the company fell from a leader in the telecommunications industry to a company filing for bankruptcy. WorldCom’s financial executives used fraudulent accounting methods to present a false representation of the company’s financial stability. They hid various costs by capitalizing them by listing these
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negligence‚ strict liability‚ fraud‚ and misrepresentation after some plaintiffs died as a result of smoking cigarettes. E. the issue of the case (5 points) To dismiss the amended complaint and the motion of TI for reconsideration of its motion to dismiss for lack of personal F. the “decision” of the case (5 points) The court denied the defendants‚ tobacco company‚ tobacco institute‚ tobacco research firm‚ motion to dismiss the complaint on the fraud and fraudulent concealment‚ civil conspiracy‚ and
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of the view that it is very unfair or inequitable in the circumstances for the party making the promise to go back on his promise‚ he may be stopped from going back on his promise even if there is no fresh consideration. (High trees case) Misrepresentation The
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environment created to prevent fraudulent reporting. Securities Act of 1933 One of the first corporate regulatory initiatives established was the Securities Act of 1933. This Act is often referred to as the "truth in securities" law. It served two specific purposes. First‚ it requires that publicly owned companies provide financial and other significant information concerning securities being offered for public sale. This act also prohibits deceit‚ misrepresentations and other fraud in the sale
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