foundation of the economy. 2. Determine the elements of a valid contract‚ and discuss how consumers and banks each have a duty of good faith and fair dealing in the banking relationship. 3. Compare and contrast the differences between intentional and negligent tort actions 4. Discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and‚ if the bank you’ve chosen were to behave as JP Morgan did‚ would you be able to prevail in such a tort action
Premium Tort Contract Common law
Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is‚ an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties‚ both with mutual obligations * Multilateral – more than two parties‚ all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract ‚ including consideration * If all elements
Premium Contract
will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand‚ is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason‚ for public policy or for other reasons it is not accepted as legitimate. CASE 1:
Premium Contract law Contract Common law
2. Compare the responsibilities of internal auditor and external auditor in relation to: I. The design and operations of systems and controls Internal auditor | External auditor | Internal auditing activity is primarily directed at improving internal control. Internal auditors perform audits to evaluate whether the systems and processes are designed and operated effectively as well as providing recommendations for improvement. | External auditors may be called upon to determine if an organization
Premium Auditing Internal control Audit
Contents Introduction 3 1. Doctrinal bases of liability 4 1.1. Reasonable Care and Skill . 4 1.2. Fiduciary Law 5 1.3. Knowing Receipt‚ Inconsistent Dealing‚ and Assistance 6 1.4. Emerging Standard: Due Diligence‚ Suitability‚ Good Faith 7 2. Duty to advise and the liability for the advice given 8 2.1. Duty to advise 8‚ 9 2.2. Liability for advice given 10 Referencing 12 Introduction In this report I defined the duties and liabilities of a Banker under Advisory
Premium Trustee Fiduciary Common law
Module 2 Introduction Negligence is one of many types of torts. A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person.
Premium Contract Common law Tort
9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion of this chapter‚ you should be able to: explain how a bailment arises
Premium Law Tort law Tort
recommendation from a previous employer renounces his sexual misconduct and guarantees his employment with another county agency. The negligent hiring of Joseph Herrera led to another history of sexual mishap between him and a patient. One of the major problems with this
Premium Employment
Rule: For the past forty years it has been the rule that liability belongs only to the property owner (and not a contractor‚ even if the contractor was negligent). However‚ thirty-seven states have rejected that rule and a contractor is liable for injury or damage as a result of negligent work‚ when it was reasonably foreseeable that a third person would be injured due to that negligence. non expert landowner is incapable of recognizing issues Application:
Premium Appeal Appellate court Trial court
actionable per se‚ which means that there is no need for the plaintiff to prove actual loss or damage in order to commence a civil action against the trespasser. It is‚ however‚ necessary to prove that the interference was either intentional or negligent. * Types of trespass * You commit the tort of trespass to land if you directly and intentional interference with land in the rightful possession of X without X’s consent of other excuse. Lord Bernstein of Leigh (Baron) v Skyviews & General
Premium Tort Tort law