Identify who is ultimately responsible for the fatal design flaw? Why? First of all to start analyze this case study we can consider a major factors that can influence our thoughts‚ such as‚ technical factors (engineering)‚ human factors (unprofessional behavior)‚ organizational factors (mis-communication between various organisms involved and careless managerial practices) and socio-cultural factors (Negligent Local/State). After reading the text and searching more about this event‚ in our
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Study day 10 – Managing Health and Safety Information sheet for new staff‚ explaining and informing them on health and safety. Legislation Impact on early years practice The Health and Safety at Work Act 1974 (Great Britain) Outlines the responsibility of individual employees for maintaining health and safety in the workplace. Childcare Act 2006 Focuses on improving outcomes for children in the early years through the ‘five outcomes’ of Every Child Matters (including
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Under section 10(b) of the Securities Exchange Act of 1934‚ accountants may be held liable to actual buyers and sellers of public securities for fraud or gross negligence. Liability for ordinary negligence under section 11(a) of Securities Act of 1933 is limited to purchasers of initial offering. Under the federal securities laws‚ the auditor’s liability is limited to those persons who relied on auditor’s misstatements included
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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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unconscious with a bloody knife close to him. The son called the police and the father was arrested with police charging the father with murder. The accused‚ Mr. X‚ went on to claim intoxication as a part of his defence. The charge was reduced to manslaughter. This example shows that the degree of
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accomplish an order‚ fails to follow an order or even out right refuses to listen to the order‚ any and all missions or tasks suffer. Such lack of discipline and negligence done repetitively will cause a mission to fail‚ and of course failure is not an option. Aside from the immediate impact on the mission or task at hand‚ it shows a gross amount of disrespect to your superiors‚ primarily the one issuing the order. As well as it shows the same disrespect to your peers; the ones working alongside
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Thus‚ the negligence claim with this case failed on the reason that the Touche(defendant) owed no duty of care to Ultramares (plaintiff) because Ultramares was not a primary beneficiary of Touche’s professional audit. The court found that Touche was guilty of ordinary negligence but not fraud. Over the years the rule of Ultramares has been expanded in some cases to the point that the gross negligence noted in Ultramares case has been eliminated. Ultramares
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were followed‚ that nothing failed and nothing snapped. The ride also requires customers to sign indemnity forms‚ in which contains an exemption clause that states that they are not responsible for any deaths or personal injuries unless through gross negligence. Blyth reported the case to the Building and Construction Authority (BCA)‚ the regulatory body for amusement rides. Lawyers are attempting to seek compensation for McCarthy’s injuries‚ as they question the validity of the exclusion clause in
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uncertainty and the ultimate exposure and cost to BP will be dependent on many factors. Furthermore‚ the amount of claims that become payable by BP‚ the amount of fines ultimately levied on BP (including any potential determination of BP’s negligence or gross negligence)‚ the outcome of litigation‚ the amount and timing of payments under any settlements‚ and any costs arising from any longer term environmental consequences of the oil spill‚ will also impact upon the ultimate cost for BP. Although the
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Four Areas of Compensation for Wrongful Death That You May Be Entitled To When a loved one has died through the negligence of another‚ the emotional loss is devastating‚ but the financial impact on those who were dependent on the deceased can be great. Our court system recognizes this and allows for a lawsuit due to wrongful death. Along with the obvious loss of wages‚ there are other lessor known areas for compensation that may apply in your situation. The following are four of them. Compensation
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