We do not believe that the auditors from Friehling & Horowitz exercised due care and maintained professional skepticism throughout the audit. According to the AICPA website‚ “due professional care imposes a responsibility upon each professional within an independent auditor’s organization to observe the standards of field work and reporting” (AICPA). This is because the auditors should have been skeptical of Madoff’s bank account and Chase and should have looked into what that bank account was
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Tort Principles of Tort and Negligence Tort = civil wrong. Negligence‚ nuisance‚ trespass and defamation are all torts. The person who commits the tort is known as the tortfeasor. Fault liability v strict liability All torts exist outside of contract. Compensation culture is a myth but people believe it is true and are therefore more risk averse No win no fee are also called conditional and contingency fees Damages based agreements regulations 2010 caps solicitors fees for contingency
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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In the legal arena‚ a wrongful death is any death that resulted from one party’s behavior or negligence. The deceased’s survivors or dependents may then bring a lawsuit against the responsible party. This type of legal action is a civil suit that typically seeks damages for the survivors or dependents. Attorney Shayla Reed of Reed Law Offices PC‚ LLC‚ is a wrongful death‚ automobile accident‚ and injury attorney serving clients throughout the Omaha‚ Nebraska‚ area. Here‚ Attorney Reed shares three
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Caption Hazelwood being intoxicated and then leaving the bridge enabling him not to make the call to turn the ship he committed a negligent tort. Due to his negligence the ship did not turn in time and spilled thousands of barrels of oil in the William Prince Sound in Alaska. He did not intentionally mean for the ship to spill the oil‚ but his negligence lead to that outcome. Exxon was found in fault of Captain Hazelwood’s torts‚ this meant they had to pay punitive damages to those affected by the oil spill
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Transportation Code‚ § 22-412.3 - US‚ it can be seen that seat belts can not be an evidence of the victim negligence‚ which can reduce the liability of the insurance company or the party causing the damage (General Assembly of Maryland‚ 2017). For instance‚ the case of Froom v Butcher [1976] 1 QB 286 (Witting‚ 2015). The plaintiff was injured in a car accident due to the defendant’s negligence. However‚ the plaintiff was later found out that he did not wearing seat belts. That leads to a controversy
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violating the United States Environmental Protection Agency (EPA) standards omitting higher discharges in the water than allowed. Alumina is facing charges of negligence by a mother‚ claiming her daughter became ill with cancer due to the negligence. The cases present obvious legal issues such as loss of income within the tourism industry due to negligence‚ potential health issues‚ and wrongful death. Another element is the impact on the environment and the responsibility to repair the damages. The paper
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to become tired‚ irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world. Will the plaintiff succeed in his negligence claim? Explain your reasoning. Answer: In this case‚ the plaintiff claimed negligence against the Sydney tramway authorities. In order for a negligence to be established‚ the authorities have to be proved owned a duty of care to the plaintiff. In this circumstance‚ it refer to the safety of tramway passengers. Whereas
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Compensation Claims Contents Employers’ duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory duty Defences against a claim Contributory negligence "Violenti" rule Vicarious liability - when the employee is negligent Strict liability - when the employer is not negligent Limitations on timescales for claims Damages Procedures when a claim is made Letter of claim
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transferring kiss I’m the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance‚ defamation‚ negligence‚ trespass‚ liability for dangerous animals • Nuisance - something unauthorised that is obnoxious or injurious to community at large or to an individual‚ especially in relation to his/her ownership of property • Trespass - direct an unlawful
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