Legal Aspects Of Business Practices: Negligence, Torts, And Intellectual Property
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Legal Aspects of Business Practices: Negligence, Torts, and Intellectual Property What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples. Key elements of negligence: The key elements of negligence are; Duty of Care, Breach of Duty, Harm, Factual Causation, and Legal Causation. Duty of Care: It is the care and concern that every rational human being with a sound mind show exhibit towards the fellow human beings. Breach of Duty: it refers to the failing of meeting the agreed obligations. Harm: this is nothing but harming others and causing damage to life and property of other human beings. Factual Causation: H aving been proven in court of causing harm and discomfort to a person or property . Legal Causation: Having been part of negligent activity, however not legally responsible under the law . How does an intentional tort differ from negligence? When a person intentionally acts to injure someone or their property, it leads to Intentional tort. Most often, when a person commits the act of harming or injuring another person or property intentionally, causing an injury or damage, it is an intentional tort .For example, kidnapping, assaulting, or spousal abuse. Whereas, negligence refers to harming or damaging without an intention such as disobedience of the traffic laws resulting in an accident. While they were breaking the law, they did not intentionally mean for the accident to occur. How does the strict liability doctrine apply to the practice of accounting? Provide examples. The strict liability doctrine in accounting deals with accountants who basically gambles with a clients money resulting in a major loss, most times without the clients knowledge of intent. This also applies in the event of tax evasion whereas an accountant does not fully reveal a clients complete asset list, and results in an IRS audit to the client.
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