breach‚ and lastly is to determine whether the losses were an equitably foreseeable consequence of the defendant’s actions. CONTENTS Negligent misstatement refers to a representation of fact that been carelessly made‚ which is relied on the plaintiff to their advantages (O’Riordan‚ 2007‚ p.1). In 1964‚ the tort of negligent misstatement has been established and it has gained more recognition in this decades. It covers opinions and reality statements made by negligence. However‚ the tort
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Introduction It is imperative to determine whether or not the relationship between Investment Bhd (the Company) and A Bank Bhd (the Bank) is bound as a contract. Forming a legally binding agreement‚ or a contract‚ requires four elements; an offer‚ the acceptance of that offer‚ the intention to be legally bound‚ as well as consideration. Referring to the case of Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui‚ the lack of an offer and acceptance will cause an agreement to be declared void from the
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profitable as they expected‚ and turnover has declined even further since they took over the business. Are Charlie and/or Harley able to take any action against Max? This essay will discuss the requisite elements for establishing negligent misstatement and the issue of liability to third parties. This area of business law is supported by a number of cases‚ which have established
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3.How to detect the fraud? There are many ways to detect the fraud .They can simply be divided into two categories One is quantitative analysis‚another is qualitative analysis. In quantitative analysis‚the sample is fifty thousand investment company which issued form ADV ‚ form ADV is required to issue to SEC when the investment company’s client number more than 15 people or the size of asset under management is larger than $ 25 million ‚ if you did not issue the document or it is not correctly
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When people think of vultures they picture large‚ hideous bald birds eating the carcasses of dead of dying animals. Pretty harmless right? Wrong‚ in some places vultures can be difficult to live with especially when they form into large groups. Vultures are causing damage and many problems to the people living near them‚ although this is a big problem people can find solutions that are safe for both the vultures and the people. Firstly‚ vultures can be destructive in many different ways.
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Audit Manual Excerpt: Materiality Guidelines-- Planning Materiality and Tolerable Misstatement Planning Materiality This section provides general guidelines for determining planning materiality and tolerable misstatement for audits performed by Willis & Adams. The application of these guidelines requires professional judgment and the facts and circumstances of each individual engagement must be considered. Statement of Financial Accounting Concepts No. 2‚ “Qualitative Characteristics of Accounting
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HOW TO DETECT LIES IN THE FACE AND EYES Lies may come in all shapes and sizes and sometimes have a plethora of reasons behind them‚ from avoiding personal harm‚ wishing to avoid hurting someone or to protect them. Looking at facial expressions to determine whether a person is lying might just save you from being a victim of fraud. Or it could help you to know it’s safe to trust your heart and get involved with an attractive stranger. Look for micro-expressions. Micro-expressions are facial
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ISSUE: Did Terry commit the tort of negligent misstatement while giving advice to Kevin? RULES: The following elements must be analysed: 1. There is a special relationship between Terry and Kevin where a duty of care is owed by Terry to Kevin (Hedley Byrne v Heller ): a. Terry advised Kevin; b. The advice is of a business or serious nature; c. Terry should know that Kevin intends to rely on his advice; d. It is reasonable in the circumstances for Kevin to rely on Terry’s advice; 2. Terry breached
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Why is confrontation so difficult? The need for confrontation typically derives from a person exhibiting incongruent verbal and nonverbal communication. That is‚ drawing out inconsistencies a person displays is usually uncomfortable: Especially for a new counselor. But why the need for confrontation in the first place? Where and why did these incongruencies originate? The reasons will vary from person to person‚ but I feel a generic‚ universal reason is not wanting to deal with a situation that
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Running head: Why Adolescence is so Difficult Why Adolescence can be Such a Difficult Period of a Person’s Life Tyler Marr Cloud County Community College Abstract Adolescent can be hard on teens because of the many life changing decisions that have to be made. The changes that occur during this stage of life can also be hard to deal with. Many mental‚ physical‚ and hormonal changes happen that eventually make us young adults. This time can be confusing and hard to comprehend
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