CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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Insurance Fraud A gang of Russian crooks ran a record-setting‚ $279 million fraud that exploited New York’s “no-fault” auto –accident law‚ authorities said 2/29/12. The gang worked with corrupt doctors to set up more than 100 phony medical clinics across the city. There‚ they generated fake bills for the treatment of “injuries” that “ranged from wild exaggerations to outright fabrications‚” Manhattan US Attorney Preet Bharara said. The fraudsters took advantage of the “patient-friendly provisions”
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was heard stating that if he was out of the picture‚ the team would fail. Hill’s micromanaging style shows a need to have control over every detail of the business. This type of management is a huge red flag pointing towards financial statement fraud (ACFE‚ 2012‚ p.1.238).One of the employees‚ Sam MacCarty‚ pointed out that though Ackers is the President of the team‚ Hill is seen as the one in control. This could lead to a possible resentment of Ackers and the team as a whole. Hill is pulling all
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make his major customer happy Pomerantz had to approve significant markdowns in Leslie Fay’s wholesale prices and grant those customers large rebate. In 1993‚ Donald Kenia‚ the company’s controller‚ took full responsibility for a large accounting fraud revealed to the press by John Pomerantz. Leslie Fay’s earnings had been overstated by approximately $80 million from 1990-1992 and about $130 million entries were fake. Upon the investigation of the Audit committee it was found out some audit tricks
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REPORT ON FRAUD SEC.17 INDIAN CONTRACT ACT 1872 Definition of contract: A contract is an agreement made between two or more parties which the law will enforce. Sec 2(h) defines contract as an agreement enforciable by law. Contract = An agreement + enforceable by law * According to Sir William Anson: A legally binding agreement between two or more persons by which rights are acquired by one or more to acts or forbearances (abstaining from doing something) on the part of the others.
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Question #3: Why are quasi-contracts needed? Why is it not better to just say that unless parties express or impliedly make a contract‚ there is no deal? The term quasi-contract is a more accurate designation of contracts implied in law. Implied contracts are as binding as express contracts. An implied contract depends on substance for its existence. Therefore‚ for an implied contract to arise‚ there must be some act or conduct of a party‚ in order for them to be bound. In contracts‚ it is the
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CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
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According to the COSO framework‚ there are five elements can be applied to analyze companies’ internal control systems. They are control environment‚ risk assessment‚ control activities‚ information and communication and monitoring. Here is my research of what went wrong in internal controls during the 2008 financial crisis using exhibit 6-6 with Lehman Brothers. Control Environment Lehman Brothers has a long history. Fuld led the company tide over the difficulties several times and achieve remarkable
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Phase 2 Planning Due: 18 May 2013 Required: Given the details established in phase 1 (Instigation) and further details below you are required to prepare a 1-2 page document stating your investigative hypothesis and then deduce your strategy for proving/denying your hypothesis. Your deduction should include a table with three columns stating the information you propose to review‚ where the data would be found and what you are specifically looking for in analysing the data. Information – what
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TAYLOR’S COLLEGE AMERICAN DEGREE PROGRAM FALL 2012 SEMESTER ACCT 201 – TEST 1 QUESTION 1 (10 marks) Identify by letter the assumption or characteristic of information that best represents the situation given. (One mark for each matching) A. Corporate governance F. Liabilities B. Going concern concept G. Financial Accounting Information. C. Reliability (Objectivity) Principle H. Generally accepted accounting principles D. Stable-dollar
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