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1. Explain, using a fictitious example of a business being sued by an individual, the legal arguments that would need to be established in order to successfully claim for damages caused by negligence....

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1. Explain, using a fictitious example of a business being sued by an individual, the legal arguments that would need to be established in order to successfully claim for damages caused by negligence. Cite case law to support key points and identify in your answer any ethical and wider business issues in your example. Answer not to exceed 500 words.
[30 marks]
2. Explain the key legal and practical factors that are considered when public limited companies decide between Debentures and Shares as a mechanism to raise cash. Clearly state two advantages and two disadvantages for the company. Answer not to exceed 300 words.
[15 marks]

3. Outline the statutory duties of auditors, including reference to relevant case law. Answer not to exceed 300 words.
[15 marks]
Answered Same Day Jun 09, 2021

Solution

Taruna answered on Jun 10 2021
131 Votes
3
Answer One
There are some elements that should be well met out, in terms of claiming the damages on the grounds of negligence to be done by one side. It can be understood by the following example of Mr. Juan who ordered pizza online. Juan worked for an accountant company and he was late from work to home so, to avoid delay in dinner, he ordered one cheesy onion pizza from Pizza Store online. He made prior payment through cashless mode. The Pizza Store delivered pizza in one and half hour, taking exactly the double of the time that they claimed to have—it is mentioned in Pizza Store delivery policy that they deliver pizza in 45 minutes max or refund the amount to the client. As Juan was hungry, he received pizza without complaint but as soon as he opened up the box, he could see two flies, dead, on the top of the pizza. Also, some sort of foul smell was surging from the box, as if someone has put in the gutter. Some black stains were right there at the corners of the carton in which the pizza was packed. Clearly, there were hints that someone had cleaned the box before delivering it. The delivery man denied of any such possibilities but Juan decided to sue Pizza Store for showing negligence in work.
As per the observation of the above fictitious case, it is evident that the duty of care is not ca
ied out by Pizza Store. The Store and Juan enter into a kind of contractual situation where Juan pays the amount to avail the services...
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