Securities Regulation Outline Introductory Material Financial Products. Two ways to raise money: taking out loans from the bank‚ or issuing securities on the public market. Bank Loans Money in exchange for a promise to pay. Usually secured by some collateral. Commercial lending: one bank is “lead arranger” for others. Reduces exposure. Securities Stock. An ownership interest. Common stock. Voting rights! Dividends. Get paid last in a liquidation. Preferred stock. No voting rights as long as
Premium Securities Act of 1933 Stock Stock market
Fault Under the English law individual liability is based liability on the concept of blameworthiness. The oxford English dictionary defines fault as ‘responsibly or blame for an offence or misdeed’ it is not considered appropriate to subject someone to civil or criminal sanctions unless it can be proved that he or she performed on illegal at in a blameworthy manner. Blame does not normally attach in civil law if the injury occurs accidently or in criminal law or the crime occurs through in honest
Premium Criminal law Tort Tort law
In this case‚ John has a cause of action against TAFE for his injury from the accident‚ he had rights to claim for his cost from TAFE that he did not fix the engine on the wrong way. There are five steps about the law of negligence‚ first is duty of care‚ it is a legal duty owed by one person to another‚ in this case‚ TAFE owed a duty of care to John. Because based on foreseeable test‚ John is a student who graduated form the TAFE‚ he also proved that the instructor of TAFE gives him a wrong instructions
Premium Tort Negligence Duty of care
found guilty one must either be proven to have; - Intended to commit a crime - Actually committed a crime - Mens Rea: Guilty mind. The person had an intention to commit a crime (except strict liability). Must be proven that the accused was aware their actions would atleast probably result in a crime. There are 3 levels of Mens Rea: - Intention: clear‚ malicious intent to commit the crime. - Recklessness: Accused is aware that their actions could
Premium Criminal law
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS UNIT CODE: Y/601/0563By CONSTANCE L MABIALA LO 1 TASK 1 (approx 500 words) Using appropriate case law identify whether all the essential elements of a contract are in place between Woohoo and PS. Introduction A contract is defined as ‘promises or agreements recognised by the law’. (Chen-Wishart‚ 2012). The role of contract law is fundamental in governing contractual relationships between parties to the extent that those who are legally bound by
Premium Contract
audit work should be done with better care therefore they can use the statements with more trust. I feel that the judge should have authority to decide who auditors are liable to. In this case is clear that Touche was negligent and they should have liability to all foreseen third parties. 2) In section 11 of the securities act of 1933 the auditors have the burden of proof and in the securities exchange act of 1934 section 18 the plaintiffs have the burden of proof and auditors cannot be held liable
Premium Audit Financial audit Auditing
component of a Zoom car‚ presents an issue common in the business world today. While product liability cases are not uncommon‚ successful cases for the plaintiffs often involve them having to prove many aspects of negligence and product liability – primarily duty of care‚ actual and proximate cause‚ and proof that the defendant is directly at fault for the plaintiff’s injuries. Because the doctrine of strict liability likely applies in this case‚ Daniel Boone does not need to prove that Zoom breached a
Premium Tort Law Negligence
Chapter 2 Negligence: basic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in
Premium Negligence Tort Tort law
INTRO TO SUBSTANTIVE CRIMINAL LAW 1) Crime: “Conduct which‚ if duly shown to have taken place‚ will incur a formal and solemn pronouncement of the condemnation of the community” ; “Any social harm defined and made punishable by law” 2) Burden of Proof: “Proof beyond a reasonable doubt = proof of such a convincing character that ToF would be willing to rely and act upon it without hesitation in the most important of their own affairs.” * Burden of Production: Prosecution has the burden
Premium Criminal law
DEFENCES IN TORTS The word “defence” bears several meanings in the tort context and a great deal of confusion has been spawned of a general failure by courts and commentators to make their intended meaning clear. Although conventionally the word defence is used to refer to those arguments which when used persuades the court to conclude that the defendant in a case is not guilty. So‚ they basically include “absent element defences” which are denials of the components of the tort that the plaintiff
Premium Legal terms God Strict liability