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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Brief Overview of Limited Liability Companies Introduction Limited Liability Company (LLC) is often considered as the hybrids of general partnership and corporation. It often referred as a general partnership where the partners have no personal liability and a limited partnership where there is no general partner or a partnership surrounded by a corporate shell (Seipel‚ Tunnell & Zimmermann‚ 1995). The LLC is first adopted in Wyoming in 1977 and then in Florida in 1982. However‚ LLCs
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legislation‚ Government of India Act of 1919. The Government of India Act of 1919 incorporated the idea of a dual form of government referred as diarchy‚ for the major provinces. The Act involved a complex set of instructions. An example can be set as the provincial legislative council of each major province was instructed to monitor the activities of provincial ministers. The Government of India Act of 1919 also stated that a High Commissioner who resided in London and would represent
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Another challenge that arises with the PSH model that UC Irvine Health experienced as well is the challenge of managing patients that are in postoperative phase. Often times the model that is chosen to be implemented‚ it needs to be changed or altered due to multiple reasons. The current PSH model that is in place at UC Irvine Health is based on their acute pain management team. But the problem is that this model will not be maintainable once the number of patients increases vastly. We are now moving
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Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
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iii. A body floats in a liquid contained in a beaker. The whole system falls under gravity. What is the upthrust on the body due to liquid? ~ When a container filled with a liquid falls freely under the influence of gravity‚ the following condition arises. Upthrust=mg-ma Since the process is influenced by gravity‚ ma = mg So‚ upthrust=0N Hence‚ it is conclusively proved that the upthrust on the body is zero. iv. Why do bigger air bubbles rise faster than the smaller ones in boiling water?
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1 Identify the three main types of business organisations recognised in Scots law. A. Sole trader The most popular style of small business enterprise‚ it’s simple to set up and does not require any formalities. Sole trader often is a one person who manages and owns the company. They take all the profits‚ but must also include all losses. Indeed‚ if the only operator becomes insolvent personal assets may be used to satisfy creditors‚ such as a house‚ car‚ etc. They are personally responsible
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Tort Law Tort laws are laws that usually involve state law and civil suits. State law are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others while civil suits are actions brought to protect an individual ’s private rights. A body of rights‚ obligations‚ and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others (Tort Law‚ 2013).
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1. Causation General Test Barnett v Chelsea Hospital [1969] 1 QB 428: P drank some tea which had been laced with arsenic and he presented himself at D’s hospital since he was vomiting. D told him to leave and call his own doctor. P died‚ but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital‚ and that D was negligent in not treating him.
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ARISE: A Destination-for-a-Day Spa OVERVIEW The ARISE: A Destination-for-a-Day Spa case describes how a spa going through the business development stage is struggling with employee turnover as well as has been operating at a loss for the past two years. ARISE‚ the spa in question‚ was built on the business strategy of differentiation which emphasizes employee-customer relationships. Within these relationships‚ ARISE employees act as Personal Wellness Coaches (PWC) helping clients create “integrated
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