------------------------------------------------- Duties and obligations of paying banker and collecting banker ------------------------------------------------- Under N.I act‚ 1881. PAYING BANKER * A Banker on whom a cheque is drawn should pay the cheque when it is presented for payment. * This cheque paying function is a distinguished one of a banker. * This obligation has been imposed on him by sec. 31 of the N.I Act‚ 1881. * A banker is bound to honour his customer’s cheque
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i.i Sawyer and Sayid The legal definition on murder is “The unlawful premeditated killing of one human being by another” In order for Sawyer to be convicted of Sayid’s murder it needs to be establish that the actus reus (guilty act) was present while the mens rea (guilty mind) and Sayid’s death was a result Sawyer unlawful act. The actus reus of murder is unlawful act which results in death of another human being within the queen’s peace. The mens rea of murder is intention also known as malice
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defendant regardless of the defendant’s level of culpability. True False 4. Strict privity is the relationship of parties who enter into a contract together. True False 5. The restatement of torts extends liability for ordinary negligence to "foreseen" third parties who may not be explicitly known to auditors. True False 6. The Private Securities Litigation Reform Act deals with lawsuits in both federal and state courts. True False 7. Legal liabilities of
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judgment‚ and there can be involuntary MR e.g. drugged paedophile in Kingston. * There are many MR states of mind: the sentencing advisory panel stated that there are 4 levels of culpability = intent‚ recklessness‚ knowledge‚ and negligence [in some crimes only negligence is required * Two species of MR Cognitive (involves intention or foresight by D) and Normative (evaluation of D action taking into account surrounding circumstance and D state of mind) * Proof of Cognitive = subjective test
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Joe could be charged with gross negligence manslaughter on the death of Karla. He cannot be charged for murder and voluntary manslaughter because he does not meet the mens rea requirements for intention to kill or cause grievous bodily harm. He cannot also be charged for unlawful act manslaughter because he has not committed an act but instead has failed to act. The court has established in the case of Adamako[1995] following Bateman [1925] ‚ that ordinary negligence requirements apply to ascertain
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Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk Superseding‚ intervening cause Contributory negligence Scienter School District Respondeat Superior Analysis: Li Intentional Torts Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups
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provided assurance for their statement a few months earlier‚ which allowed the deal to go through. The following year‚ in January 1925‚ Fred Stern & Co. filed for bankruptcy and Ultramares Corporation found itself suing Touche‚ Niven & Co. for fraud & negligence to recover $165‚000 lost in the agreement. When reviewing the case thoroughly‚ there are various red flags‚ overlooked by Touche Niven that should have been clear indicators of fraudulent reporting by Fred Stern Co. Firstly‚ when commencing
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Chapter 4 Legal Liability for auditors 4-1. Understand litigious environment‚ which CPAs practice According to Google dictionary‚ litigious environment means a controversial environment. Where a simple mishaps can end up in a heavy lawsuit. Under common law‚ audit professionals have the responsibility to their client to fulfill their agreed on contracts. However‚ if one audit fails to fulfill their contract‚ not only they have to take responsibility to their clients but in some circumstances
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EMT Summer ‘13 Medicolegal and Ethical Issues Ethics are the study of right and wrong behavior or a set of moral principles. Morals are defined as rules or habits of conduct based on right and wrong. In regards to the relationship with the patient‚ the EMT must do no harm‚ be in good faith‚ and the patient’s best interest meaning the decisions of the EMT are based on providing the best care for the patient. Decisions are never made to benefit the EMT or any other person. There are several
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basis by starting with an analysis of negligence manslaughter‚ followed by an evaluation of reckless manslaughter‚ to end with a critique of unlawful act manslaughter. Although true negligent manslaughter mainly concerns professionals who are somehow negligent in the performance of their duties‚ the principles of the offense are normally employed to determine the existence of a duty of care. This means if A has caused the death of B by alleged negligence‚ then‚ in order to establish civil liability
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