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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LAW OF CONTRACT NOTES INTRODUCTION. A contract is an agreement between two parties which is enforceable by law.An agreement is made when a person signifies his willingness to do or to abstain from doing anything with a view of obtaining the assent of the other party. Such act or abstinence is said to make a proposal.The person making the proposal is called the offeror and the person accepting the proposal is called the offeree TYPES OF CONTRACTS: Contracts may be classified into: -Written
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Equality Act 2010 Liability for employers and employees Inorder to disuss who is liable for maintaining equality we need to first inspect how equality is maintained in any organisation. For the effective and efficient implementation of the Equality Act ‚every organisation has to have its own equality policy drawn out abiding by the Equality Act.This also necessitates the need for carrying out equality audit regularly to maintain the organisation’s efficiency in functioning compliantly.
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BREACH OF CONTRACT 1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible) Default of the debtor (Mora Debitoris) Any obligation under a contract has a time limit for its performance‚ be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously‚ he/she commits breach of contract. Lawyers then
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Joe R. Lee founded Darden Restaurants with the opening of the 1st Red Lobster in Lakeland‚ FL. In 1975‚ Joe R. Lee became Red Lobster’s president and in 1995 he was named the 1st Chairman and Chief Executive Officer (CEO) of Darden Restaurants‚ Incorporation (DRI). In 1995‚ DRI became a publically traded company1 and‚ as of 2015‚ Darden Restaurants‚ Inc. owns and operates over 1500 restaurants‚ employ 150‚000 people and serve over 300 million meals a year in the United States and Canada. DRI portfolio
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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June 2015 Applied Business Unit 3 BS03/PM Financial Planning and Monitoring Preliminary Material To be distributed to candidates no sooner than 2 March 2015 NOTICE TO CANDIDATES You will be given one copy of this Preliminary Material for use during your preparation for the examination‚ which you may annotate as you wish‚ but which you will not be allowed to take into the examination. The Preliminary Material will be repeated within the question paper for use in the examination. You are advised
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------------------------------------------------- ------------------------------------------------- TABLE OF CONTENTS PAGE 1 STANDARD OPERATING PROCEDURES (SOP) 2 1.1 Introduction 2 2 ROLE OF THE CONTRACT ADMINISTRATOR 3 2.1 Role and Responsibilities of the Contract Administrator 3 3 PAYMENT PROCESS 4 3.1 AS 4000 - 1997 4 3.2 JCC –C 1994 5 3.3 AS 2124 - 1997 5 4 THE PROCESS OF CASH FLOW IN THE CONSTRUCTION
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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