...Bily v. Arthur Young & Co., Supreme Court of California 3 Cal. 4th 370; 834 P.2d 745; 11 Cal. Rptr. 2d 51; 1992 Cal. LEXIS 3971; 48 A.L.R.5th 835 Key Facts Plaintiffs, an individual investor, a corporate investor, and associated individuals, invested in a computer company that went bankrupt. Plaintiffs brought an action against defendant accounting firm, Arthur Young, alleging intentional fraud and negligent misrepresentation. Plaintiffs contended that their investments were made in reliance on defendant's unqualified audit opinion on the company's financial statements. Issue Whether and to what extent an accountant's duty of care in the preparation of an independent audit of a client's financial statements extends to persons other than the client. Rule An auditor could be held liable for negligent misrepresentations in an audit report to those people who acted in reliance upon those misrepresentations in a transaction that the auditor intended to influence, in accordance with the rule of Restatement Second of Torts section 552. Analysis An auditor's liability for general negligence in the conduct of an audit of its client financial statements was confined to the client. Other people could not recover on a pure negligence theory. Although intended beneficiaries of an audit report could recover on a theory of negligent misrepresentation, they could not recover on a general negligence theory. One who made a fraudulent misrepresentation was subject to liability...
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...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. To...
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...Federal Court System for California: Bob v. Al, Kathy, Dan Date: January 3rd, 2012 Questions Presented I. Overview of the State and Federal Courts in California. II. Which California court or courts hold jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file? III. Why should Bob file his lawsuits in a particular court or courts? IV. Which case Bob must represent himself? Statement of Facts Our client Bob resides in Los Angeles, California and has asked for our advice in three separate cases in which he has loaned people money. In the first case, Bob loaned $500 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything. In the second case, Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid. In the third case, Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California. California Statutes of Limitation Written agreements (promissory note): 4 years, calculated from the date of breach. Oral agreements: 2 years. The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period. Brief Answers I. Superior courts now have...
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...impact what had happened, but viewed the impact while underwater; and though they share an emotional bond, Arnett and Nolan are not biologically or legally related? Brief Answer Probably not. In Pennsylvania, a claim for NIED by a plaintiff who witnessed the negligently inflicted injury of a third person requires that the plaintiff: (1) was located near the scene of the accident; (2) suffered emotional shock from sensory and contemporaneous observance of the accident; and (3) was closely related to the victim. Arnett can likely establish the first two elements; he was in close proximity to the victim (discuss previous case history allowing further distance) and he witnessed the injury causing acident (underwater issue) However, the Court will probably conclude that because Arnett and the victim are not immediate family, they are not closely related. Thus, Arnett’s claim for NIED will likely fail. Facts In 2001, Arnett (age 4) was formally adopted by his uncle David Spiros after his mother suffered irreparable brain injury. The following year, Spiros and Arnett moved in with Spiros’s girlfriend, Sarah Nolan. Over the next four years, Nolan established herself as a care taker to Arnett. In January 2008, Spiros and Nolan separated. Arnett and Spiros acquired a new residence. For six months, Nolan saw Arnett only when taking him to the local pool every other...
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...CITY OF GLASGOW COLLEGE HND SUPPLY CHAIN MANAGEMENT LEGAL ASPECTS OF COMMERCIAL TRANSACTIONS OUTCOME 2 THE IMPACT OF RELEVANT/APPROPRIATE STATUTES ON THE RELATIONSHIP BETWEEN SUPPLIER, SELLER AND BUYER FRANK RICHARDS OUTCOME 2 THE IMPACT OF RELEVANT/APPROPRIATE STATUTES ON THE RELATIONSHIP BETWEEN SUPPLIER, SELLER AND BUYER FRANK RICHARDS OUTCOME 2 THE IMPACT OF RELEVANT/APPROPRIATE STATUTES ON THE RELATIONSHIP BETWEEN SUPPLIER, SELLER AND BUYER CASE STUDY City Mall Plc is a large entertainment and shopping complex. The company has recently encountered problems in their stores. You as their legal advisor, have been consulted on a range of issues. Draft a report to the board of directors explaining the law in each of the following situations and advise accordingly. Your Report should make reference to legal authority. -------------------------------------------------------------------------------------------------------- Discuss the following: Chuck bought a new heater from City Mall Plc to heat his son’s bedroom. The heater was manufactured by Careless Plc. The heater wiring was defective and the defect caused a fire at chuck’s home, in the course of which, Chuck’s son was injured. Advise City Mall of their potential liability as well as that of Careless Plc. -------------------------------------------------------------------------------------------------------- Kris, a salesman from City Mall, called on Dolly. She invited him into her house to enquire...
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...Fighting for freedom PLEASE SEE LESSON ON PAGE 12 YOUTHLINK MAGAZINE | JANUARY 17-23, 2012 11 DEBBION HYMAN Contributor Major slave revolts yl:History OBJECTIVES At the end of the lesson, students should be able to: a) Identify the key figures in the Berbice (1763), Barbados (1816), Demerara (1823) and Jamaica (1831) revolts. b) Explain the causes of any three major slave revolts. c) Describe the nature and consequences of any three major slave revolts. BERBICE 1763 CAUSES a) Inhumane treatment by white personnel (such as managers, overseers, bookkeepers) of the enslaved population. b) Inadequate provisions for daily existences supplied on the estates – the enslaved population had meagre rations and whenever there were shortages they would be adversely affected. NATURE & CONSEQUENCES a) The revolt began on Plantation Magdalenburg on the Conje River on February 23, 1763. b) By March 1763, the revolt had spread to the Berbice River. The enslaved peoples were able to capture several plantations along the river and Coffy played an instrumental role in this area. c) Coffy committed suicide in May 1763 – the fight for freedom, however, still continued. d) The colony was controlled by blacks for 10 months, showing the active thrust by blacks to end the system of chattel slavery. John and St George. b) By April 15, 1816 there was the declaration of martial law - Bussa was killed during the fighting. More than 170 slaves were killed and more than 200 were excuted;...
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...Saint Vincent and the Grenadines v. Guinea International Tribunal for the Law of the Sea Case No. 2, 1999, posted at www.itlos.org. Facts October 1997, the M/V Saiga, an oil tanker, was engaged in selling “gas oil” to fishing and other vessels within Guinea’s exclusive economic zone. The next day, the Guinean Navy boarded the Saiga just beyond Guinea’s exclusive economic zone and the master, crew, and the ship were arrested. The government of Guinea charged the master with importing “without declaring it, merchandise that is taxable on entering national Guinean territory, in this case diesel oil” and brought criminal proceedings against him for “committing the crimes of contraband, fraud, and tax evasion.” Procedural History November 1997, the SVG submitted a request to the International Tribunal for the Law of the Sea (ITLOS) for an order that would direct Guinea to release the Saiga and its crew. ITLOS issued an order on December 4 calling for Guinea to release the vessel and its crew upon the posting by SVG of a U.S. $400,000 letter of credit. Issue Was the Guinea failure to recognize the nationality of the Saiga and a violation of its rights of navigation justifiable on the ground that there was no genuine link between the ship and Saint Vincent and the Grenadines. Holding and Judgment The Tribunal concluded that there is no legal basis for the claim of the Guinea that it can refuse to recognize the right of the Saiga to fly the flag of Saint Vincent and Grenadines...
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...THE CHOICE BETWEEN PUNISHMENT AND REFORMATION:- The scope and purpose of this article is to ascertain various alternatives to punishment that contributes positively and effectively in the reformation and rehabilitation of the offender as well as the victim within the socio-economic conditions of India. The scope and purpose of this article is to ascertain various alternatives to punishment that contributes positively and effectively in the reformation and rehabilitation of the offender as well as the victim within the socio-economic conditions of India. The article further attempts to explore the possibilities of reconciliation of the punitive and reformative ideals to the common betterment of the offender, victim and the society. Introduction Punishment is a means of social control. It is given to the offenders with the aim to check them from committing crimes again. It deters not only the actual offenders but also others from doing the same kind of acts in future. On the one hand, it is some solace to the victim or to his relatives if the offender is punished and on the other hand it serves a social purpose to prevent the people from indulging in criminal acts. So that the punishment may be a reasonable means to check the crime, three things are essential for it. The first is the speedy and inescapable detection and prosecution, the second is a fair chance of “a fresh start” after the punishment and the third is that the State which claims the right to punish must...
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... its procedures are dilatory and cumbersome, not advancing the cause of substantial and quick justice. The situation is serious indeed and calls for careful consideration of the reasons for this delay. The system of administration of justice as obtaining in Bangladesh, both as regards the hierarchy of courts and the procedures followed by them, is the result of an evolutionary process the present system coming down from hundred years back and the people including the unlettered villagers have become used to its formalities and technicalities. Why then the people are losing confidence in the system is the question of the day. The answer is not far to seek. The procedure delay in disposal of cases, may account for much of the erosion of confidence in the system. But no particular point in Bangladesh. The administration of justice alone can be said to be the source of delay. It starts right from the beginning and endorse of the end. In decree of execution the uncertainty looms unending to the woe and worry of litigants- winners or losers. Through the agony of trial and tribulations emerge some causes which were common to the courts of all levels and which are peculiar to the court of different tiers. In every step of trial, however, there are some defects accounting for delay which are though inherent have yet become part of the system. The justice delivery system in our country is time consuming and unaffordable to the poor people to...
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... However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District Courts. The Supreme Court is the court of last instance. Courts of First Instance start in the Magistrates for criminal cases, this is where the defendant may want to be granted bail and this is where the trial will be. If the claimant or defendant does not like or agree with the final decision they can decide to make an appeal. You should appeal within 21...
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...of the law of wrongful dismissal damages. These include determining reasonable notice, moral damages/aggravated damages, punitive damages, the duty to accommodate and the employers’ entitlement to deal with employees directly. 3. Identify the relevant issue: Keays had worked for Honda and was enrolled in the their disability program. Keays could miss work as long as he provided a doctor’s note. When the tone of the notes became more “cryptic” they had stopped accepting these notes. Keays was given set terms, and felt as if they were unfair, he was then terminated and Keays sued on grounds for wrongful dismissal. 4. The Supreme Court of Canada decision overturned several parts of the trial and Court of Appeal decisions. Describe three of the ways in which the Supreme Court of Canada’s decision differed from the decisions of the two lower courts: The duty to accommodate- They must monitor employees who are regularly absent from work. The employer must recognize the illness of the employee to see what specific accommodations that employee will need. Employees entitlement to deal with an employer directly- An employer can refuse to meet with the employees lawyer. If the individual is still employed the employer has aright to meet with the employee. Punitive Damages- They agreed that the punitive damages was very high.” It should only be awarded when it advertent conduct that is harsh, vindictive, malicious and reprehensible and when compensatory damages are not...
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...Code of Civil Procedure, 1908. ACT [21st March 1908] NO. V OF 1908 An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shall come into force on 1[(3) It extends to the whole of Pakistan.] the first day of January 1909. 2. In this Act, unless there is anything repugnant in the subject or context,(1) "Code" includes rules: (2) "decree" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint 2[the determination of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation. - A decree is preliminary when further proceedings have to be taken before the suit can be completely dispose of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final; ...
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...1.Das Bild der Frau zu Paulas Geburt 1876 Zu Zeit von Paulas Geburt beherrschten patriarchalische Strukturen die gesellschaftl. Ordnung in Deutschland. Vereinzelt gab es Frauenvereine, die ein wachsendes Verlangen nach Gleichberechtigung äußerten. Der Mann allerdings war immer noch Vormund der Frau, deren Bedürfnisse nach beispielsweise Berufstätigkeit/ oder Ausbildung von ihm beliebig eingeschränkt werden konnten. Paulas Familie war anfangs unterstützend, allerdings hielt auch sie an dem traditionellem BIld der Frau fest. Persönliche und künstlerische Entwicklung in Worpswede Jedoch bringt die Zeit in Worpswede Paula zunehmende Selbstbehauptung und Eigenständigkeit im künstlerischen Sinne, im Persönlichen hält sie aber auch am alten Frauenbild fest. Und so entstehen große innere Konflitke zwischen freiem Künstlertum und konventionellem Rollenverhältnis, die sie in Worpswede nicht lösen kann. 3.Ihre Aufenthalte in Paris Die räumliche Entfernung durch die Parisaufenthalte von den stagnierenden Worpsweder Künstlern und von ihrer Familie birgt für Paula M-B auch eine künstlerische Entfernung. Erste Versuche der Loslösung von den bürgerlichen Konventionen scheitern an der Heirat und ihrem Wunsch nach einer männlichen Unterstützung. Doch Paulas Wunsch einer künstlerisch anregenden Partnerschaft scheitert, denn sie erkennt, dass ihre kreative Zukunft in Paris liegt. Hier erfährt sie auch erste Erfolge. Nach ihrer Entscheidung für Selbstbestimmung und gegen die...
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...Canada, he identified an image of his face on the label of a Taster Choice Coffee jar without his consent. Further investigation revealed that Nestle USA had also used a slightly altered photo of Christoff from his original photo on a number of other products and publications. Less than a year later, Christoff in response filed a suit against Nestle USA Inc. the defendant, for their appropriation of his likeness. Procedural History The case for Christoff against Nestle USA went to the trial court after court established that the defendant argument of the single publication rule did not substantiate dismissal of the case. In the year 2005, Christoff won the case against Nestle USA Inc. by verdict of the jury for appropriation of likeness and received an aggregate $15 million in damages. However, Nestle USA Inc. won their appeal against Christoff after the California Court of Appeal reversed the trial court judgment of $15 million compensation in damages in its entirety. California Appeal court based appeal on the interpretation of single publication rule and the...
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...How should the institutions be set up when organizing a new government in a country with several religious factions? I would set up a constitutional democracy with a three-tier system much like our own. The differences would be a judiciary would be independent and elected in a general election much like the states do it. The highest court would be the Constitutional court that would hear only cases pertaining to the Constitution; whereas the Supreme Court would be the highest court of appeal for any cases not pertaining to the constitution. This would lighten the load and burden of our highest courts from having to take on the burden of so many different court cases, or quick appeals when it comes to the death penalty. For the legislative branch I would have a Congress with the number of representatives dictated by the population of the providence much as we do with our own Congress. The more populous provinces will have the most representatives. No matter how small the province is, you will be guaranteed at least one representative. The numbers distributed will be based on a national census to take place every 10 years. The party that garners the majority of the Congress will be able to form the government and elect its own members as President and Vice President of the country that will be the Executive branch. The National Council of Religion will be much like our own Senate with each religious group getting an equal amount of representatives appointed by their leadership...
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