5. The confidentiality agreement did limit the scope of the audit performed on ZZZZ Best. It is the job of the auditor to obtain sufficient and appropriate evidence. When Ernst & Whinney were not allowed to follow-up with anyone involved in the restoration process that limited their ability to gather evidence. The company should have been able to follow up with all venders and customers to attest to the validity of the financial statements and they were not able to do this and not able to gather the “appropriate and sufficient evidence” needed.
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 sometimes can reluctant to impose duty on professionals such as police force. It is argue that the effectiveness of the police will be undermined when they are working with restrictive rules. One example is Hill v Chief Constable of West Yorkshire, Miss Hill’s mother claimed that the Constable of West Yorkshire failed to apprehend the murder at an earlier stage which subsequently led to her daughter’s death. Lord Keith dismissed this action and stated that “In some instances the imposition of liability may lead to the
It would be my advice for Mr. Jones to not buy the stock because of the liability of current and future tax obligations which Mr. Jones would incur from the purchase of the stock. Since the tax identity of Smithon corporation would have not ceased, it is not a favorable purchase for Mr. Jones. Ina a case where the tax identity of a firm does not cease not to exist, the tax aspects will remain the same and so will the existing tax schedule. So in this case it would mean that Mr. Jones would not be allowed to change the financial year to end on December 31. The buyer in cases where he can’t change the legal entity is in a non -benefice situation, the buyer is limited to follow the current tax basis on the company’s assets even if the buyer paid more for the
They could have explained to the managers that immediate termination is not the proper form of discipline for the offenses mentioned. They would have also told them that all employees involved would have to have the same disciplinary action taken to show that they are not being bias to some employees and not others. By law, generally, we go by legislation, statutes, and regulations made by states and by the federal government on multiple subjects for the good of the public and public welfare. “Laws do not, and are not intended to, incorporate ethical principles or values, but sometimes ethical standards will be reflected in laws.” (The Importance of Ethics in Criminal Justice. ( n.d. ) p. 12).
Explain. [Bannister v. Bemis Co. , 556 F.3d 882 (8th Cir.2009)] Case brief: Bemis Co, breached the covenant not to compete, the breach was material. Bannister could not accept employment with a Bemis competitor, but Bemis was to pay Bannister his salary. There was no term for a partial release. Bemis “released” Bannister to seek employment with one exception—Mondi Packaging.
As mentioned earlier, the Right of Self-Representation is this right to represent oneself as Pro Sea. Presently, courts at all levels of the Criminal Justice system require that the defendant be aware and understand the disadvantages of representing one’s self as most people not practicing law, will not be aware of certain defenses that can facilitate their case. A person going Pro Sea will have to sign a waiver or
The former employee, Pelvas, complained to the EEOC that the mandatory services are in conflict with his beliefs. One of the defenses that Townley used was the “undue hardship” if they accommodate religious beliefs of Pelvas, which would excuse him from attending the religious services. Townley lost in this argument because the court did not see undue hardship happening for the company if they not allow Pelvas to attend the services. For our situation, we can win in this case because our claim of undue hardship is valid, unlike the Townley’s. We needed this shift change because of business necessity.
I believe that this concern should be left to the company owners as individuals. Personally, I don’t agree with the fact that the way America gets other countries to bend over backwards is by threatening to cut off financial business ties. I feel that America is trying to gain control of the world by doing so. However, I do agree that any sort of discrimination is unethical and should not be tolerated. That is something that each countries governments should have control over, not a foreign country that threatens to cut off business associations.
An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
Issue What is considered misconduct under New Mexico law? Rule The New Mexico Supreme Court explained in the case that misconduct is in the disregard of an employer’s interest and acting in deliberate violation of the standards of behavior which the employer has the right to expect of his employee. The court also stated that they do not recognize misconduct as inefficiency, unsatisfactory conduct, or failure in good performance. Analysis According to the New Mexico Supreme Court’s definition of misconduct there most certainly be a blatant disregard of the employer’s interest. In this case Natalie did not show much if at all any blatant disregard to her employer.