3. There are several standards to comply with when considering the supervisory responsibilities of senior auditing professionals. According to GAAS‚ the first general standard of ten auditing standards is that the auditing practitioner should have adequate technical training and proficiency as an auditor. Therefore‚ in this case Marshall had the legal responsibility to provide essential trainings‚ including technical and ethical issues‚ to Rojas‚ regardless whether Rojas would violate the law to
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fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume. b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot as appellee’s coffee c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of handling coffee at the the temperature Burger King coffee was served. The main issue is not whether the coffee is hot
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The trial judge found that Australian Safeway Stores Pty Limited (the appellant) already mopped up the wet floor to perform its duties‚ it did not show unreasonable. As a result‚ he found that the appellant did not breach the duty of care and so he dismissed the respondent’s suit. (Zaluzna) However‚ the respondent appeal to the Full Court and stated that the Trial Judge was wrong in law in finding that the defendant did not owe the plaintiff a general duty of care. The Counsel held three reasons
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LEGT 5512 LEGAL FOUNDATIONS FOR ACCOUNTANTS SESSION 2‚ 2010 CASE LIST This Case List is not intended to cite every case quoted in lectures and tutorials during the course. Its purpose is to give students a handy citation of a number of leading cases with brief statements to help identify them. This list may not be taken into the Final Examination. 1. 2. 3 Commonwealth v State of Tasmania (1983) 46 ALR 625 Federal and State powers Lee v Knapp [1967] 2 QB 442 “Stop after accident” – golden rule Smith
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infringing on another’s legal rights.for there to be a case under tort NEGLIGENCE: This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied. * Duty of care * Breach
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Introduction Upon initial examination of this case‚ it is clear that Richard is at least‚ partly liable for the accident‚ given that it was he who crashed into the traffic light. It can be assumed that he has suffered substantial loss in the process‚ given that he has sustained a significant injury. However‚ it also is evident that Saoirse is at fault on several grounds‚ which gives Richard scope to take legal action in an attempt to recover damages for the loss he has suffered as a consequence
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INTRODUCTION Donoghue v. Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland on Sunday evening on 26th August 1928‚ when Ms May Donoghue (Appellant) was given a bottle of ginger beer‚ purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass‚ Donoghue was not aware of the snail
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person or property. It wouldn’t qualify for an intentional tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally hold that landowners have a duty of care to protect individuals on their
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Services Act‚ Building Regs. Express terms Implied terms Negligence ‘Nonnegligence’ Liabilities co-exist‚ also with overlaps between categories Negligence • The omission to do something that a reasonable person would do; or doing something that a reasonable person would not do. • Duty of care owed. • Breach of that duty of care. • Test is whether person has matched the abilities of a reasonable person. Professional Negligence • Professional person is presented as having special or particular
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McDonald’s coffee (Cain‚ 2007). These injuries gave her the right to file suit against McDonald’s in order to recuperate damages. This would be classified as a negligent tort since the injuries that Liebeck sustained are considered to be due to negligence on McDonald’s part (Cain‚ 2007). McDonald’s had over 700 claims of burns from their customers and did not take any action to rectify the matter by either lowering the temperature or by clearly labeling their coffee (Cain‚ 2007). In addition to
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