Draft Limited Liability‚ Rights of Control and the Problem of Corporate Irresponsibility Paddy Ireland Abstract There is has long been a tendency to see the corporate legal form as presently constituted as economically determined‚ as the more or less inevitable product of the demands of advanced technology and economic efficiency. Through an examination of its historical emergence‚ focusing in particular on the introduction of general limited liability and the development of the modern
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What are the risks of outsourcing IT within the public sector? K M Dunwoody ABSTRACT Outsourcing IT is a business strategy of increasing popularity within the private and public sectors. This essay focuses on the public sector. There are a number of recognised benefits that can be achieved through outsourcing IT‚ however‚ as with all business strategies it has inherit risks. It is a selection of these risks that is discussed with particular focus on the public sector’s capability
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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Contingent Liability 1. Analyze why a company would prefer not to disclose its contingent liabilities. In order to understand why a company would or would not disclose his contingent liabilities it is important to know exactly what a contingent liability is. As I have learned throughout all of my accounting studies a liability is simply an obligation or debt that a business owes to an individual or an organization. Now there are many liabilities that include services‚ payroll‚ notes‚ and
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Principles of Criminal Liability 1/16/2013 Student ID: Word Count: 2482 Criminal activities are very common in our society. With the intention to hamper the property of other people or causing ill effect to others‚ criminal activities are occurred usually. Sometimes people involve themselves with some activities to injure others due to personal clash or from ill temperament. Some activities which may be done to cause simple injury
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Using the IDEA structure for Criminal Law application questions – example answer. In response to questions from the Jan’ ’10 exam. 1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea The actus reus
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An investigation on how to mitigate credit risks faced by South African clothing retailers By Nontutuzelo Lydia Mbiyo (3312-655-0) Submitted in partial fulfillment of the requirement for the degree Hons BCom (Financial Management) At the University of South Africa Supervisor: Mrs A.T. Mutezo ACKNOWLEDGEMENT Nontutuzelo Lydia Mbiyo‚ a Bcom Honours student at University of South Africa takes her hat off to those
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certain circumstances a person who is not at fault can be held liable for the delict of another. This usually occurs in partnership‚ agency‚ motor car accidents and employment‚ these are instances where there is a special relationship between the person held accountable and the person who committed the delict which provides allows for the former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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LIABILITIES OF THE DIRECTORS By: Course: Instructor: University‚ City‚ State: Date: LIABILITIES OF THE DIRECTORS A company is usually established by individuals or Directors (officers included) in this case so as to run it in appropriate manner in order to make maximum profits. For this to happen‚ it is for the company (Pandora Diamonds and Gems Pty Ltd in our case) to enter or make contracts with outsiders like Kaplan Bank Ltd and Space Solutions Pty
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