Contents Introduction I work as a legal advisor at EastEnd solicitors‚ on behalf of the Head Solicitor I am going to create a detailed report for our new client Mr Mitchell. I am going to be informing him about the elements and various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant
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This detailed analysis encompasses vital concepts in bankruptcy and reorganizations‚ corporate responsibility and business ethics‚ finance and restructuring of debt. The analysis examines issues faced by a company experiencing financial distress such as a conflict of interest among debt holders‚ management and stockholders and corporate responsibility in practice. Dice‚ Inc‚ a provider of online recruiting services for technology professionals faced a series of challenges which included a troubled
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" On the strength of the report given by the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a duty of care
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firms would perform "peer reviews" to verify that audits were being performed with due diligence. However‚ these reviews were not high priority‚ thus uncovering errors/negligence made by the public accounting firms by peers were rarely discovered. It was only after the massive failures of Enron and WorldCom that this gross negligence by the public accounting firm performing the audit came to light. It was clear that an independent review board was necessary to ensure due diligence is being followed
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Running Head: " Bernard L. Madoff Investment and Securities: A Focus on Auditor ’s Legal Liability and Due Care" "Bernard L. Madoff Investment and Securities: A Focus on Auditor ’s Legal Liability and Due Care" XNAMEXXX New England College Abstract Friehling & Horowitz were the auditing firm that "audited" Bernard Bernard L. Madoff Investment and Securities (BLMIS) for over 15 years‚ while Bernie Madoff ran a Ponzi scheme under their noses. This paper addresses the legal liability
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death of several children from leukemia in Woburn‚ Massachusetts. Based on a true story‚ the movie depicts the real-life class action lawsuit Anderson v. Cryovac‚ where parents of the deceased children sued the companies W.R. Grace and Beatrice for negligence and wrongful death‚ among other charges. Both the movie and the actual civil case pose many insights about tort and environmental law‚ as well as demonstrate the sentimental‚ intrinsic value of such exorbitant litigations. To begin‚ the movie
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highest quality of care. Today‚ the healthcare industry is not as personable due to the rising number of lawsuits from patients claiming negligence. I would like to examine the field of pharmacy and explore how an individual in this profession might be held liable for negligence. I will also examine ways that they may proactively avoid or prevent that negligence. A pharmacist is the healthcare provider that has a duty to dispense prescription drugs to the patient. They provide information
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aide and another student.” While attempting to jump over the stick‚ Cary tripped and hit his head on the ground. The fall caused him to receive a fracture in his neck vertebrae. After the accident‚ Cary’s mother filed a suit against the teacher for negligence resulting in bodily injury to her son. The trial court in this case granted immunity to the teacher. Mrs. Schumate tried to appeal the decision‚ claiming Section 22.051 of the Texas Education Code was unconstitutional. The appellate court upheld
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Appendix Three Risk Matrix‚ Consequence And Likelihood Tables Risk Matrix The following risk matrix is used in this document‚ however there are several variations on this matrix that can be found in the literature. It does not matter which matrix you use as long as you consistently use the same matrix. CONSEQUENCE LIKELIHOOD Insignificant Minor (2) Moderate (3) Major (4) Extreme (5) (1) Rare (1) Low Low Low Low Low Unlikely (2) Low Low Low
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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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