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Corporate Finance Law and Business Planning: Liability and Compliance

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L541: Corporate Finance Law and Business Planning

Prof. Karen E. Woody
Assistant Professor of Business Law & Ethics
Fall 2016

•Section 11 of the Securities Act of 1933

-An underwriter is liable for errors in the entire registration statement

-As an expert, an auditor is liable only for that part of a registration statement for which the auditor has issued an opinion about the financial statements

•Auditors (experts) may raise due diligence defense

-Compliance with GAAS and GAAP required

•Underwriters may also raise a due diligence defense:

-For parts of registration statement contributed by experts, underwriter may rely on expert opinion

-For remainder, the underwriter must prove a reasonable investigation, after which s/

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Law 19983 on

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Unable to pay off a $250 contract, Jon wants to change the contract by giving something worth $250 to Peter. How was the contract discharged?  Accord and satisfaction

John proposes to sell his car to Jan for $500. What element of a contract did John propose? Offer

Amber transfers her duty of cleaning Julie’s house to Roxanne. However, Amber is still responsible for the job. How was the contract transferred? Delegate

A 40-story building is completed on time but has a slightly different tile floor in one room than required by the contract. How was the contract discharged? Substantial

After being offered a new car at a discount, Lisa decided to turn down the offer. How was this contract terminated? Rejection

Steve has contracted with Greg to purchase

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Spanish provinces

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The hero: he will restore the world (fertility, Justice, or harmony to the kingdom)
Young person from the provinces: this hero is Taken away and he need to come back home
The Initiates: This heroes are young and prior to The quest, must endure some training
Mentors: this teaches to the initiates they teach To survive this quest.
Hunting Group of Companions:this companions are willing to face any Number of perils in order to be together

The Tyrant: the bullying despot, he want power.
The Bastard: he can’t have what he wants, so he Lashes out to hurt those around him.
The Devil: he give to people what he thing they Deserve
The Traitor: double agent, he betrays those who Trust him more.
The Outcast:the lonely, he want desperately to belong

Law 19983 on

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T14: Proceedings before the Court of Justice

Actions for annulment (Arts. 263 264 TFEU): By an action for annulment, the applicant seeks the annulment of a measure adopted by an institution, body, office or agency of the European Union.Actions can be brought before the Court of Justice to allow it to review the validity of acts of EU Law.By an action for annulment, the applicant seeks the annulment of a measure (regulation, directive or decision) adopted by an institution.The Court of Justice has exclusive jurisdiction over actions brought by a Member State against the European Parliament and/or against the Councilor brought by one European Union institution against another. The General Court has jurisdiction, at first instance, in all other... Continue reading "Law 19983 on" »

Understanding Defamation Law: Protecting Your Reputation

Posted by Mirwan bugti and classified in Law & Jurisprudence

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Introduction

Defamation is a complex area of law that intersects both tort and criminal law. The core principle behind defamation law is the protection of an individual's reputation, status, and profession from unjustified attacks. This principle has led to the establishment of legal actions against those who make harmful and untrue statements about others.

Meanings

Defamation refers to the act of damaging someone's reputation by making false statements about them, either verbally or in writing.

Relevant Provisions

Defamation is addressed in Sections 499 and 500 of the Pakistan Penal Code (PPC) 1860.

Definition

Defamation occurs when a person makes or publishes any statement, whether spoken, written, or through signs or representations, with the intention... Continue reading "Understanding Defamation Law: Protecting Your Reputation" »

Understanding Different Types of Texts: Narrative, Descriptive, Instructive, Argumentative, and Expository

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TEXT TYPOLOGY

What is a text? A language unit, spoken or written, with different sizes, communicative functions, social purposes, types, genres, and linguistic features.

Narrative Texts

To tell a story.

  • Sequences of events and time
  • Fictional or nonfictional
  • Narrator: first person (protagonist or witness) or third person (omniscient)

Examples: Myths, fairy tales, stories, science fiction, historical fiction, novels, newspaper reports.

Grammatical features: Dynamic verbs, nouns, adjectives, adverbs, adverbials, and adverb clauses.

Scaffold: 1. Orientation: who, when, where is happening. 2. Complication: Triggers a series of events. 3. Sequence of events: characters react to the complication. 4. Resolution: Problem is solved. 5. Coda: Moral to the story.... Continue reading "Understanding Different Types of Texts: Narrative, Descriptive, Instructive, Argumentative, and Expository" »

Understanding the Definition and Punishment of Different Kinds of Hurt

Posted by Mirwan bugti and classified in Law & Jurisprudence

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1. Introduction

Section 332 to 337 of PPC explains the definition, punishment and different kinds of hurt. Hurt is harm caused to the human body other than death. It has different kinds such as itlaf-udw, shajjal, jurh, Salaliyat-udw etc.

2. Relevant Provisions

The relevant provisions regarding the concerned topic are as under: Sections 332 to 337 PPC.

3. Meaning of Hurt

Hurt means causing of bodily injury resulting either in, bodily pain, disease or infirmity.

4. Definition of Hurt u/ Sec 322(1)

Whoever causes pain, harm disease i or injury to any person or impairs, disables or dismembers any organ of the body or part -thereof any person without causing his death, is said to cause hurt.

5. Kinds of Hurt

Following are the kinds of hurt.

I. Itlaf-udw

i.

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Brundthlan Report

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Express difference between appearance and reality: it may seem, on the surface, apparently    To conclude: to sum up , all in all, all things considered, in conclusion , on the whole, taking everything into account, as was previously stated. Introduction: the aim of this report is to outline to make some recommendations …

stems for an introduction To understand the role of ... (your topic*) this essay aims to provide a discussion of ... (the ideas you will develop) ----This essay seeks to investigate/evaluate/illustrate/discuss the impact of ... (your topic) in relation to ... (the ideas you will develop) ---Firstly, this assignment examines ... (your topic) and its links with ... (your first idea) Next, it closely examines ... In relation... Continue reading "Brundthlan Report" »

Law 19983 on

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Regulation of commercial transactions in civil law countries

  1. “The Rhodian Law”.- provided that losses incurred by a sea captain as a result of trying to save ship and cargo from peril must be shared proportionately by all owners of cargo and by the ship owner. This rule applied in the entire Mediterranean.

  2. Athens.- A capitalist would lend money for a marine trading expedition. The loan would be secured by ship and cargo, but repayment of the capital and payment of interest were conditional on the ship’s safe return. The interest rate of 24–36 percent, considerably beyond normal rates, reflected the highly speculative risks involved. This transaction later developed into marine insurance.

  3. The Romans.-

    1. It was in Rome that for the first time

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Understanding Abetment in Criminal Law

Posted by Mirwan bugti and classified in Law & Jurisprudence

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Abetment of a thing

A person abets the doing of a thing, who;-
(iInstigates any individual to do that thing; or

(ii)Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illicit oversight happens in pursuance of that conspiracy and in order to the doing of that thing; or

(iii)Intentionally aids, by any act or unlawful exclusion, the doing of that thing. Section 107

Abetment

Abetment can be committed only when there is positive evidence of either instigation or conspiracy or intentional aid. If none of these three elements stated above is available then abetment does not stand proved. Therefore, mere presence at the scene of the offence would not be sufficient to make out a case of abetment. NLR

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