Esanda Finance Corporation Ltd v Peat Marwick Hungergords – indirect recipient of info • Facts: financier (Esanda) lent money to Excel in reliance on E’s audited accounts (Peat Marwick) and reports - could not recover money. Sued E’s auditors for alleged negligence. • Issue: whether auditors owe a duty of care to persons other than their clients who have relied on their unqualified reports in entering various financial transactions. • Held: Esanda appealing – appeal dismissed auditors do not
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Are Damages or Punitive Damages Taxable?Posted on August 15, 2011 in Articles The quick answer is damages or awards received for physical injuries or sickness are generally not taxable. However, punitive damages or awards are generally taxable if they are paid to compensate a taxpayer for non-personal injuries. Internal Revenue Code (IRC) Section 104 is the area of law that defines the taxable treatment of compensation for injuries or sickness. In general if a taxpayer received an award or damages
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Section 300 of the Penal Code Section 300 of the Penal Code mainly lays down the elements that need to be proved upon the conviction of murder by the accused. In this section, it provides 4 clauses as can be seen below : (a) Killing with the intent to kill (b) The accused intended to inflict bodily injury on the victim and knows that death is likely the result of the bodily injury. ( It combines both the elements contained in the second and third limbs of s 299, that is the intention to inflict
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Personal Property Case Study The case study “Parking Lot’s Liability” is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant's negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o'clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another
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deals the environment in ‘’reactive’’ as opposed to ‘’managerial’’ manner, since it is predominantly concerned with remedying any interference with a landowner’s rights over his or her land. These rights were mainly protected under the common law of torts, which provides for four causes of action on environmental problems. These are nuisance, trespass, negligence and strict liability. NUISANCE Nuisance involves the unreasonable interference with another’s use and enjoyment of land. It is the most
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LAWS20028 BUSINESS LAW TERM 1, 2013 ASSESSMENT Name: ADNAN SAIFUDDIN Student Id#: S0233208 Question 1: a) In the case of Steggles Limited v Yarrabee Chicken Company Pty Ltd,[1] there was significant disagreement over the interpretation of a particular clause that was set out in the contract between the processor, Steggles and the Grower, Yarrabee. Specifically, clause 7.4(a) of the contract which had to do with “extra shed capacity”
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Recognizing and Minimizing Tort and Regulatory Risk There is an imminent necessity for organizations to recognize and prevent torts. In the following essay we will find the analysis of a simulation for a company called Alumina, indicating the legal matters and risks they are taking. Also we will discuss a preventive plan for a company in Puerto Rico and how the Puerto Rican government treats torts and regulations. The simulation of Alumina, is very interesting. This fictitious company is accused
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Case Study #1: Accusatory Statements not Defamatory, 11th ed. 1. Explain what a plaintiff must prove in order to establish an action for defamation. A plaintiff must prove that a false statement by the defendant concerning the plaintiff was made, actual or presumed damages, or fault amounting to negligence. 2. How does libel differ from slander? They are both types of defamation, but libel is the written or printed public defamation of a person or entity, and slander is the spoken defamation
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first Restatement adopted the rule of lex loci delicti, or “place of wrong,” as the controlling factor when determining which state’s law applied. It defined the “place of wrong’ as where the “last event necessary to make an actor liable for an alleged tort takes place.” Restatement (First) of Conflict of Laws 377. Note 1 to 377 explains that the place of wrong is where the “harmful force takes effect upon the body.” Read in conjunction with 377’s last-event-necessary rule, Note 1 clarifies that the harmful
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Legislation Acts Interpretation Act 1901 (Cth) | Purposive approach- S 15AA (1) – have regard to objects and purposes that Parliament was seeking to achieve Use of extrinsic material- S 15AB – courts may look at extrinsic material such as Parliamentary debates, reports of law reform commissions etc Rules as to gender and number s 23 In any Act, unless the contrary intention appears: (a) words importing a gender include every other gender; and (b) words in the singular number include
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