Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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Fraud Examination Executive Summary: Miniscribe By Samantha Altieri‚ Zac Biesiada‚ Dan Cohen‚ and Tim Foley BACC 552 Miniscribe was a computer disk drive manufacturing company that was founded in 1981 by Terry Johnson. The company was initially run out of basement of Mr. Johnson’s home in Longmont‚ Colorado. Shortly after becoming a publicly traded company in 1983‚ Miniscribe began to experience financial losses. (United States v. Patrick J. Schleibaum) In 1985 the venture capital firm
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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FRAUD In criminal law‚ fraud is the crime of deliberately deceiving another person or company in order to damage them‚ usually for personal gain. Defrauding people of money is the money is the most common type of fraud. Some types of fraud include false accounting‚ check fraud‚ and Internet fraud. Accounting fraud or scandals are business scandals that come from the tampered reports‚ usually by long time employees or trusted executives in either a large corporation or small business. In order
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Introduction : We have seen a spate of cyber frauds in the recent past. The frequency and scale of the incidents has created a lot of concerns for the banks‚ regulators and customers. What do banks in India have to learn from these? Are they doing enough to ensure that we don’t end up as sitting ducks? What preventive measures to take to face this new menace? Before we consider these and other related questions‚ we need to understand the anatomy of cyber frauds. Cyber Fraud is a generic term used to represent
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Professional Regulation and Criminal Liability Many natures of complaints occur throughout the health care workforce. Because of the dramatic changes in how health care is delivered over the past few years‚ consumer concerns about liability issues have increased. Patients put their physical health and trust in the hands of health care providers daily. Unfortunately‚ there have been periods when the treatment provided‚ has been accidental or intentional and caused physician harm to the patient.
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Fraud is a serious crime that should concern all parties of the U.S. health care system and is a costly reality that the government cannot overlook. While not all fraud can be prevented‚ by learning about the many different types of fraud‚ patients can be educated on how to protect themselves from fraud. If we use government programs to inform the public that they can be targeted‚ the dollar amount for these cases for fraud can be reduced. An informed public and a properly funded FBI will go a
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Anti Fraud Programs and Controls (Deloitte) What is Fraud? The Public Company Accounting Oversight Board (PCAOB) defines fraud as “an intentional act that results in a material misstatement in financial statements that are the subject of an audit. Two types of misstatements relevant to the auditor’s consideration of fraud include: misstatements arising from fraudulent financial reporting and misstatements arising from misappropriation of assets.” There are additional types of fraud that should also
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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