Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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Definition of Products Liability (PL) Any cause of action having to do w/a product; not a cause of action in and of itself; rather‚ it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant) Theories of Liabilities / Causes of Actions a. Negligence(§ B - pp. 2 - 3) i. Introduction
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Limited Liability Company and Partnership Jasamine L. Stephens Finance for Decision Making FIN/419 October 10‚ 2011 Maria Johnson Limited Liability Company and Partnership Every business venture begins with a dream and a basic idea. Beginning a business is a decision that must be made by first deciding what type of entity to establish. There are several factors that need to be decided such as will the new business have one or multiple owners. The most common forms of a business
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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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Drivers Consider an Umbrella Liability Policy In our litigious society‚ you may want to have an extra layer of liability protection. That is what a personal umbrella liability policy provides. An umbrella policy kicks in when you reach the limit on the underlying liability coverage in a homeowners‚ renters‚ condo or auto policy. It will also cover you for things such as libel and slander. For about $150 to $300 per year you can buy a $1 million personal umbrella liability policy. The next million will
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Professional Values and Ethics Paper Team A GEN200 October 25‚ 2010 Marie Gelpi Hammerschmidt Professional values and ethics can influence the way a person’s career can either succeed or fail. Depending upon the person’s personal core values determines how he or she will use those values in his or hers professional life. If a person respects others in his or hers personal life‚ then that respect of others will most likely be carry over into the professional side of the person’s
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Comparing and Contrasting Views of Emotion Regulation Everyone regulates their emotions and some better than others. A majority of the time we do not even realize we are doing so because of a very powerful unconscious. Emotion regulation is a relatively new section of psychology because it has yet to be extensively researched. Such unexplored areas tend to be even a little fuzzy to even the most understanding of researchers. James J. Gross of Stanford University is one of the comparatively
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Criminal Procedure Policy James Knight CJA/364 October 17‚ 2012 David Klein * * Criminal Procedure Policy * The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal
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COM 281 Professional Interview Paper It’s a humbling experience for one to be able to do what they love for a living. For others‚ this love might be Nursing‚ Engineering‚ Art and so forth. For me I found this love in teeth‚ literally I encourage people to have clean teeth no matter what because it’s one of the most important things on one’s body. After conducting the professional interview‚ all topics conversed during the interview gave answers to what I really wanted to know. That’s the reason
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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 and Transactional liability in Banking
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