Battery is intentional, unwanted offensive bodily contact. 5.) Slander is a false oral statement harmful to a person’s reputation in business. 6.) Larceny is secretive and wrongful taking of personal property with or another with intent to take and
The types of intentional torts implicated here are battery and fraud. The former (fraud) is defined as “the intentional and harmful or offensive touching of another without his consent.” The latter (fraud) is defined as a “knowing misrepresentation”; a false statement of material fact that was knowingly or recklessly made by the defendant with the intent to induce reliance by the plaintiff. Punitive damages, which are designed to punish the defendant and deter all other potential defendants in the marketplace, are awarded to plaintiffs above and beyond their actual damages. In cases of intentional torts (i.e., when there is findings of wilfullness, maliciousness, or recklessness), punitive damage awards will be upheld provided they meet the ranges/ratios of punitive damages to actual damages, set forth in recent U.S. Supreme Court cases (BMW and State Farm). APPLICATION: Here, there was substantial evidence that the defendant, Motel knew of the widespread existence of bedbugs in their rooms.
Defamation- A statement that gives a negative impression of a person, company, group, product, government, or country. Libel/Slander? Slander and libel are both types of defamation, which refers to statements that damage another person's reputation. While there are similarities, each focuses on different types of defamation strategy. The primary difference between slander and libel is that libel is the written or otherwise printed public defamation of a person or entity, while slander is the spoken defamation of a person or entity.
Respond to the following three-part question in one post. 1. List and explain the three types of plea bargains. Should defendants be allowed to plea or not? 2.
They are failure to achieve positively valued goals, removal of positively valued stimuli, and confrontation with negative stimuli (Agnew, 1992). The major assumptions of General Strain Theory place emphasis on these types of strains and stressors and how they cause deviant behavior. The connection between the strains and deviant behavior are the negative emotions that are produced by the strains such as anger and anxiety. The causes of deviant behavior can be linked to those emotions and the personal resources available to handle the emotions. This helps to define why some individuals with similar strains commit crimes and why others chose legal manners in which they deal with their strains and emotions.
The Ways We Lie an essay by Stephanie Ericsson The bank called today, and I told them my deposit was in the mail, even though I hadn't written a check yet. It'd been a rough day. The baby I'm pregnant with decided to do aerobics on my lungs for two hours, our three-year-old daughter painted the living-room couch with lipstick, the IRS put me on hold for an hour, and I was late to a business meeting because I was tired. I told my client that traffic had been bad. When my partner came home, his haggard face told me his day hadn't gone any better than mine, so when he asked, "How was your day?"
There is really no effort on his part. It is barely an hour and for about an hour and a half, he gesticulates in his office. He took the coffee break of 1 hour earlier and ends a half hour later. He does the same for lunch and for the break in the afternoon. He start to prepare to leave the office, 45 minutes before quitting time.
She gives examples that were advertised in her local newspaper such as $19K a year as a social worker. She talks about working 70 hours a week for $1103 a month after taxes with no health insurance or benefits. 3) O’Keefe establishes ethos in the first several paragraphs by talking about her low paying salary as a PR director for an arts organization and stating how she connects with the unemployed and low-wage workers by understanding their desire or will to make any sacrifice necessary even moving to another location to find work. She then adds to the above statement with telling of how she’s been trying to save up money to move herself and her mother to where the employment is better. She
Intentional/Negligent + Direct = Writ of Trespass (actionable per se) Unintentional/Negligent + Non Direct = On the case (requires proof of damage) Unintentional + Non Negligent = A plea of Inevitable Accident as a defence Trespass distinguished from Negligence Trespass is a STRICT LIABILITY tort. The C has to prove that the D intended to ACT. The C does not have to prove that the D intended to harm I.e. it is FAULT BASED. It is necessary for the C to show that the act was either INTENTIONAL or NEGLIGENT I.e.
Audit Jeopardy question 1) The expectation gap: Often results in unwarranted lawsuits against the auditor 2) An audit failure occurs when an auditor issues an erroneous opinion because 3) Auditors may be liable to their clients if they are found guilty of Ordinary negligence: Yes Gross negligence: Yes 4) Which of the following most accurately describes constructive fraud? Extreme or unusual negligence without the intent to deceive 5) Which of the following most accurately describes fraud? Knowledge and intent to deceive 6) The legal terms for when auditor issues an audit opinion, knowing that an adequate audit was not performed is a: Constructive fraud 7) In third-party suits, which of the auditor’s defenses contends no implied or expressed contact? Lack of duty 8) In the auditing environment, failure to meet auditing standards is often: Conclusive evidence of negligence 9) The major conclusion of the 1931 Ultramares case was that: Ordinary negligence is insufficient for liability to third parties 10) If the auditor believes that the financial statement are not fairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor: Has the responsibility of notifying financial 11) …(5) B 12) (14) D 13) (17) D 14) 20 C 15) 23 D 16) 26 D 17) 6 C 18) 2 C 19) Which of the following is not a factor that relates to opportunities to commit fraudulent financial reporting? C 20) 5 B 21) 7 D 22) 13 D 23) 1 A 24) 4C 25) Auditors may identify condition during field ….. 26) Bill and hold 27)