The most important policy concern has always been the “floodgates argument”. This is when judges are reluctant to impose duty on the defendants because the judges fear that it will “open the floodgates of litigation” and unlimited claims can arise out of a one incident. It is considered to be not fair, just and reasonable to impose duty on defendants disproportionate to his fault. It is well illustrated in Spartan Steel v Martin & Co, where the claimant claimed the loss of potential profit which he would have made if the defendant did not negligently damage the cable which provided electricity to the claimant’s factory. However, the courts found that there was no duty owed by the defendant as Lord Denning stated that impose duty on defendant in such circumstance will lead to “no end of claims” .
The courts ruled against Mack as by backdating his payment for the fertilizer, he was trying to reduce his tax liability. Tax evasion is breaking a civil statute and falls under statutory illegality. Hence, the courts deemed the agreements to be unenforceable (Weir, D. Jan, Pg 147). There are two impacts of this case on a certified general accountant (CGA). The first impact is skills development.
To show this, the plaintiff claimed that because the defendant knew the plaintiff was Caruso’s next of kin; a duty to the plaintiff was therefore formed. The defendant filed a motion to strike the negligence claim on the grounds that it failed to state a cognizable legal duty and failed to allege facts to support a claim of intentional infliction of emotional distress. (More Law) They also argued that the alleged facts did not show negligence on their part. They instead felt the plaintiff’s allegations of negligence, in its view, were fatally flawed because they failed to establish the existence of any legal relationship that would have imposed on the defendant a duty of care to the plaintiff. (More Law) In Del Core’s view, she felt the defendant’s untimely manner in informing her of her brother’s death would foreseeably hinder her from making proper arrangements for her brother’s burial.
Fault Essay The Oxford dictionary states that “fault” can mean an imperfection of character, responsibility, or blame. The legal understanding of fault focuses predominantly on blame, as someone must be held accountable for a loss. The role of fault varies from essential to unimportant across different areas of English law. An example of fault being used in the law is the Mens Rea requirement in s.18 OAPA. This requires specific intention, which shows that the D must have been culpable voluntarily.
The three Anti Trust laws consisted of the Sherman Anti Trust Act, Clayton Anti Trust Act and the Federal Trade Commission Act. The Sherman Anti Trust Act was created to bring down laws on trust. They had to create this because the company was running illegal monopolies and trusts. They thought by having this act they could prevent that. This law was also needed so the smaller companies could grow.
Civil disobedience is the act of disobeying certain laws or commands of the government. Both “Civil Disobedience” and “Alice's restaurant” are stories of people who decided to disobey the government to achieve their goal. The main similarity between both stories is the reason behind both cases is mainly caused by war while the biggest difference between the two is tone. In civil disobedience, the tone of Henry David Thoreau is defiant. This can be seen through Thoreau’s arguing that there is a need for individual action against the government when there is conflict with human law.
Antigone expects Creon to bury her brother just because they are family. " " Antigone has different beliefs then her uncle, Creon. She does this, to some extent, to defy Creon but also to allow Polynices to have a good after-life. “A higher law exists than that of of man’s, and that is the law of God.” (Woods 73). Antigone believes that without burying her brother he will not have a good after-life.
A person that doesn’t promise,,has to follow certain rules to disclaim the warranty of merchantability. A seller’s promise of fit goods, can also be enforced by members of the buyers household. In a few states it, warranty protects the family, and whoever uses, get injured because of the breach. In the past “ privity of contract meant you could only sue the seller, now you can sue retailers, wholesalers, and manufacturers if goods are not fit. Contract law promotes commerce, by guaranteeing that the law protects them.
As Antigone fights against the authority to bury polynecies she comes into conflict with her uncle, Creon. Creon decides that she is to be punished even though she is family. He also gives her a chance to say that it wasn’t her, but she takes pride in the honor of her brother, and pride in the struggle that she went through to stay faithful to her family. This leads to conflict between her and Creon which diminishes their relationship “I intend to give my brother burial. I’ll be glad to die in the attempt,-- if it’s a crime, then it’s a crime that God commands.” This is stated by Antigone and it is showing that she would give her life to stay loyal to her family and to give her unburied brother the proper
According to Auditing Standard, it is required the auditor must exercise the reasonable care and skill which expected to a professional. Moffit J in Pacific Acceptance Corporation v Forsyth and Others (1970) 90 WN (NSW) 29 described, “it is beyond question that when an auditor, professing as he does to possess the requisite skills, enters into a contract to perform certain tasks as auditors; he promises to perform such tasks using that degree of skill and care as is reasonable in the circumstances as they then exist.” Negligence is defined as any conduct that is careless or unintentional in nature and cause a breach of any contractual duty or duty of care in tort owed to another person or persons (Godsell, 1993). Where the auditor breaches the duty of care and has been negligent in conducting the audit work, consequently the auditor may be liable for any loss suffered from the auditor’s actions. Refer to ASA 200 – overall responsibility of auditor in conducting an audit is to consider the appropriateness of management’s use of the loan assumption in the preparation of the financial report, even if the framework of financial report does not take account of an explicit requirement for finance company to take accurate assessment of the company’s ability to borrow and continue its debt. The auditor has responsibility to obtain an understanding of the company as well as its events and conditions related to business risks, which may cast substantial doubt on the company’s capability when performing audit procedure throughout the audit.