Week 8 Lecture Aspects of the Tort of Negligence 1. 2. 3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong”
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As a demand driven discipline‚ audit has contributed to the advancement of civilization”. State your position with appropriate argument highlighting the functional‚ legal and social construct of the profession. 15 Introduction Auditors are responsible to provide an independent opinion on the true and fair view of the financial statements after he has acquainted himself with all the relevant and reliable evidences with the client. Auditor is expected to a professional adroit with sufficient proficiencies
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negligence. Liability for ordinary negligence under section 11(a) of Securities Act of 1933 is limited to purchasers of initial offering. Under the federal securities laws‚ the auditor’s liability is limited to those persons who relied on auditor’s misstatements included in the public registration statements or other public documents filed with the SEC. The federal statue is irrelevant in this case since Osborne Computer Corporation never materialized its public
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1) a) Explain how the making of the contract between the consignor and the railway station can exist? The contract between the consignor and the railway company will existing when the railway company has accepted the goods for carriage from the consignor and together with the consignment note make by consignor. The acceptance will be established with the consignment note and will be stamp of the forwarding station. The consignment note is made by the consignor with three copy‚ each copy for
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This file of BUS 311 Week 5 Quiz shows the solutions to the following problems: 1. A financial planner’s intentional or negligent misstatement or non-disclosure of a material fact relating to an investment is known as 2. A professional’s improper or immoral conduct in the performance of his or her duties through carelessness or lack of knowledge is considered to be 3. Countries that enact laws prohibiting trade with specific countries are said to be using: 4. Psychiatrists who
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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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Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act
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deterred from filing suit simply by the costs of litigation. 4-2 Ordinary negligence means lack of reasonable care. Gross negligence means lack of even slight care‚ indicative of reckless disregard for duty. An oversight by a CPA resulting in a misstatement in a financial statement might be considered ordinary negligence‚ whereas if a CPA failed substantially to comply with generally accepted auditing standards the charge might be gross negligence. 4-3 Privity is the relationship between parties
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Introduction to Business Law Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Candidate number: 122970 Seminar Tutor：David Davies Module
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Johnson v. Misercordia Hospital Case Analysis State the issue in controversy In 1980‚ patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery‚ Dr. Salinsky severed the femoral artery‚ resulting in partial paralysis
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