In the obiter the HL stated that there would be liability for a negligent misrepresentation if the representor has some knowledge or skill relevant to the subject matter of the contract and he can reasonably foresee that the other party will rely on that statement. The remedies available for a negligent misrepresentation under Common Law is a rescission and/or damages under tort in order to put the claimant back in the position he was before the tort was committed.
Individual auditors are responsible because they made unprofessional decisions that tainted the integrity of auditors. Lastly, I feel that the leadership of the Anderson firm focused too much attention on the practice development activities at the expense of the Enron Corporation. 2. In the recent years audit firms have provide other services besides auditing services to their audit-clients, some of these other servicer are: Financial information design and implementation, Bookkeeping or other accounting record statements needs, and some Management functions. For an audit firm given management function advice o their audit clients it could threaten the auditor’s independence by having to evaluate the work of someone that they recommended.
This requires specific intention, which shows that the D must have been culpable voluntarily. Regarding its role in civil law, it is essential to prove fault in some areas, but not in others. For example proving fault is crucial for a successful claim in negligence. Here, fault is tested in breach, which states that D is at fault if they do not act like the ordinary, sensible individual. For example, the defendant in Paris V Stepney BC was at fault by failing to provide protective goggles when the ordinary, prudent employer would have.
Those that deal in movable goods for sale are merchants and as the UCC has stated merchants are those who regularly engage in the sale of tangible items. The one comparison that seem to exist in state common law and state statutory law is the need for a contract. The two laws are similar in that contracts must exist between the two and they must also contain certain understandings so to be considered valid. Article 2 may require a contract to complete a sales transaction, but these contracts are not has detailed and do not have certain formation requirements. There is another similarity among the two which is statute of fraud and certain considerations, but even in this there are differences.
In this paper according to Ashford University, the instructor wants me to identify with someone of the main objects and classes I would expect to find in a law firm that specializes in civil filings I will: 5. Describe each of these classes, including their names and attribute using Figure 10-2 (pg. 374) as an example. 6. Describe any generalization/specialization relationships, using Figure 10-4 (pg.
This practice also violated the loyalty Code of Ethics and Standards of Professional Conduct. 3、 Sherman accepted compensation from the competitive company, this practice violated the additional compensation arrangement Code of Ethics and Standards of Professional Conduct. Some ways could use to prevent the violations: 1、 Require employees signed some confidential agreement and competition restriction agreement. 2、 To build customer management system, it can be prevent the customer’s information was leaked and occupied. 3、 To increase employees who violated company contract and punished to legal.
Comparison Ethics in accounting are very important for manager to make a good decision for the company so that investor can make a good investment. There are three standards that set professional standards and provide certification options and continuing education for accountant: The AICPA Code of Professional Conduct, the IMA Statement of Ethical Professional Practice, and the Statement on Standards for Tax Services. The primary focus of the IMA is on management accounting and financial accounting issues. IMA sets high ethical standards for accountants who serve the company. As a result, IMA serves businesses that help manager to make decision by working within the company.
Develop a Personal Ethical Code By Inger Hoyte Dr. Jean Gordon ETH 401 October 23, 2012 Professionalism involves more than certain knowledge and skills in a particular trade. Legitimate professions require members to display certain intangible traits such as honesty, fairness, integrity and good moral character. A code of ethics or conduct is often used to document such expectations between members and their profession. These principles and supporting rules are typically enforceable by the profession, legal remedies or both. Ethics describes the principles involved in making an appropriate determination of right and wrong before reaching a decision and taking action.
Two of the many concerns within this topic are those of conflicting duties and agent motivation. The former is often couched in terms of a tension between a duty of loyality to the company that one incurs as an employee and a duty to society in general. one incurs as a citizen. The latter issue raises the question of whether or not the whistleblower's reasons for acting are self serving or properly moral. Write an essay that addresses both the question of whether or not there can be genuine cases of conflicting duties giving our dual role as both employee and citizen and takes up the issue of how a whistle blower's intentions relate to the differences between utilitarian and kantian ethical intuitions.
Business Ethics – Summary (Crane & Matten, (2010); Chapters 1 through 5) Table of Contents Chapter 1. Introducing Business Ethics 2 Chapter 2: Framing Business Ethics 4 Chapter 3: Evaluating Business Ethics 7 Chapter 4: Making Decisions in Business Ethics 11 Chapter 5: Managing Business Ethics 14 Chapter 1. Introducing Business Ethics Ethics and law Business ethics is the study of business situations, activities, and decisions where issues of right and wrong are addressed The law = minimum acceptable standards of behavior, but many morally contestable issues are not covered by law. Answers to ethics questions are often equivocal: There is no definitive ‘right’ answer Ethics and morality Morality is concerned with the norms, values and beliefs embedded in social processes which define right and wrong for an individual or a community. Ethics is concerned with the study of morality and the application of reason to elucidate specific rules and principles that determine right and wrong for a given situation.