statement will not be protected under the First Amendment. Case 7.1 The Ethical Dimension “Landowners who rent or lease premises to tenants all have a duty to supply correct information to tenants.” (Clarkson‚ Miller‚ Cross‚ 2012‚ p. 137). Misrepresentations about the size of leased space becomes unethical when the landowners intentionally defraud tenant by providing incorrect information to tenants to benefit themselves. It should not
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Accountant liability law varies across states within the United States. Clearly‚ accountants are liable to their clients for any mistakes that they make within their realm of work. However‚ the liability becomes questionable when dealing with third parties. A company may have many affluent stakeholders relying on their financial statements in order to make important decisions‚ which may have monetary impacts. Therefore‚ an auditor’s precision is imperative. There have been many proposals in which
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auditor if audited financial statements materially misrepresent the financial status of the company audited? a. Should a potential investor only be able to sue the corporation? b. Should there be any limit on the auditor’s liability? Negligent misrepresentation – must be proved and must meet all 5 elements - hard to do Indeterminate liability – defendant has caused the plaintiff harm. Ie primary purpose for the audit related to shareholder? - costs could be unlimited so its hard to make
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1. I. Cause in fact‚ sine qua non R. To prove the defendant negligent‚ one has to prove that the plaintiff’s injuries would not have happened if the defendant did not place their foot on the accelerator before being rear-ended. Evidence needs to be shown that if the defendant did not move his car slightly‚ his car would not have been pushed out further into oncoming traffic and thus hitting and injuring the plaintiff. A. Because Burg’s foot was off the accelerator at the time of impact‚ it
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Negligent misrepresentation Define: Where a plaintiff acts to their financial detriment in reliance upon a statement of information or advice given by a defendant Features of relationship: Speaker knows or ought to know: Trusted by recipient to give information recipient believes speaker has capacity to give The information is of a serious or business nature Speaker knew or ought to have known that recipient intended to rely on the information Reasonable for recipient
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NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE:-LAW 234 COURSE TITLE:-THE LAW OF CONTRACT II LAW 234 THE LAW OF CONTRACT II 8 COURSE GUIDE LAW 234 THE LAW OF CONTRACT II Course Writers/Developers G. I. Oyakhiromen Ph.D‚ BL Ayodeji Ige National Open University of Nigeria Course Editor Professor Justus A. Sokefun National Open University of Nigeria Programme Leader Course Coordinator G. I. Oyakhiromen Ph.D‚ BL National Open University of Nigeria Ayodeji Ige
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malpractice was doomed from the start. Because of this‚ it was a huge surprise when the Iowa Supreme Court denied the defendant‚ Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable‚ the student-athlete. Bruce Sain who was the plaintiff
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Week 2 Knowledge Check Study Guide Concepts Mastery Questions Intentional torts 100% 1 2 3 Negligence 100% 4 5 6 67% 7 8 9 100% 10 Product liability and strict liability Defenses to product liability Score: 11 / 12 11 12 Concept: Intentional torts Mastery 100% Questions 1. Identify the true statement about intentional torts. 1 2 3 A. A person can be sued for assault even if there was no actual physical contact. B. A person can be sued for threatening future harm. C
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disputes between citizens contract‚ tort‚ family‚ property‚ wills -Public —Involves disputes between citizens and state crime‚ administrative‚ constitutional‚ tax‚ industrial Lecture 2 Torts: Tort Common Law 2 Areas: - Product Liability (part 3-5) - Negligent misstatements (S 18) 2.7 Manufacturers to consumers Donoghue v Stevenson‚ Levi v Colgate-Palmolive 2.9 Manufacturers to distributors of products McPherson Ltd v Eaton 2.10 Service providers Stennett v Hancock & Peters Commercial 2.11
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Introduction to Commercial Law Jasper Goh Jia Qing We would need to establish if there was a valid contract formed. As per Lord Wilberforce in The Eurymedon‚ an enforceable contract would have to consist of a valid offer and agreement‚ consideration‚ an intention to create legal relations and there has to be no vitiating factors. The first issue would be as to whether there was an offer on the advertisement regarding
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