Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable
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is it important for external auditor to be independent? Throughout the years‚ banks‚ shareholders‚ possible investors and creditors always relied on the financial statements produced by a company. Since the management of a company is producing these documents it has been assumed that the managers may act dishonestly so that their performance looks better. To monitor the company’s performance better the directors along with the shareholders employ external auditors to check all these financial
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Limited Liability Partnership Limited Liability Partnership entities‚ the world wide recognized form of business organization has been introduced in India by way of Limited Liability Partnership Act‚ 2008. A There are no sources in the current document.Limited Liability Partnership‚ popularly known as LLP combines the advantages of both the Company and Partnership into a single form of organization. In an LLP one partner is not responsible or liable for another partner ’s misconduct or negligence;
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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types of fraud have occurred since the 1800s. As the economy fluctuates‚ many people and organizations believe they must commit fraud in order to have financial gain. Organizations and individuals must understand fraud and the types of fraud‚ in order to protect themselves. There are professionals trained that have received anti-fraud certification in order to fight against fraud. The anti-fraud professional assist companies and individuals in order to detect fraud. Theses anti-fraud specialists
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Product Liability Research Paper Shericia Bonnett Professor Kapalko LEG 500 – Law and Ethics In the Business Environment 09/09/2012 Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However‚ in the event that a product is defective and causes injury to the person using it‚ the manufacturer may be liable for the injury and have to compensate the injured
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Property Law Worksheet #2 Group: __________________ Name: ______________________________ Choose the correct term for each of the following explanations: Title interest Property interest Leasehold Grantor Estate pur autre vie Tenant Statute of Frauds License Instrument Inheritable Right of use Licensee Fee simple Conveyance Real property Life estate Fee tail Chattels Real estate Lease Grantee Disposition Trespass Rent Personal property Landlord or landlady Heir Freehold estate Deed Exclusive
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Assignment: R2-1‚ R2-3‚ R2-8 Fraud Homework #1 1. R2-1 : How is “skimming” defined? - Skimming is defined by the theft of cash prior to its entry into the accounting system. 2. R2-3 : How do sales skimming schemes leave a victim organization’s books in balance‚ despite the theft of funds? - They leave a victims organization’s books in balance because neither the sales transaction nor the stolen funds are ever recorded. 3. R2-8 : What are the six principal methods used to
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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