This may be our best defense in recouping on some of the lost funds. We could say the bank did not exercise ordinary care in that they didn’t have a check verification process in place to monitor for valid signatures and valid endorsements. In fact, there have been cases where banks have been held liable as the result of failing to act with reasonable ordinary care by not performing these duties. I would support this with the case of Lund v.Chemical Bank where the courts found that “a bank’s failure to follow its own internal policies and procedures is unreasonable”, thus the bank was held
The situation relates to other artist who sample other artist and expect not to pay the price when they are handed a subpoena because they are not careful. Geoge Harrison paid a total of $587,000.00. It’s important to be original and not copy other artist because situations like this can happen to anyone who
Employees also hesitate to inform the SEC of possible violations because they initially condoned the act and they fear the SEC will say that they participated in the fraud. In cases like this, individuals should consult an attorney familiar with the SEC Whistleblower Program before submitting the tip. The only way whistleblowers can anonymously report a possible securities violation under the Whistleblower Program is if an attorney represents them. The attorney becomes an intermediary between the SEC and his or client. An attorney that bills him or herself as an SEC whistleblower advocate will try to clients the largest possible monetary reward from the SEC.
While the supporters of Thomas Jefferson believe that buying foreign land was necessary, those who are against him feel that what he did was unconstitutional. In the source, “Thomas Jefferson to John Breckinridge, 12 August 1803”, the text explains that what Jefferson did was allowed, as it had not mentioned that he couldn’t in the constitution. This controversy is huge, because some people believe that he did not have the right to do so. Jefferson made a point that it wasn’t mentioned in the constitution, so he decided to ratify it and pay for it. Some believe congress did not have the right to authorize this decision.
Rawls analogy of Colorado Springs would first argue the point that the article makes about those who could afford the light would pay for them themselves and others would do without the service. This according to Rawls would be unjust, because it would give the superiors power over the inferiors. Also when inequalities exist, it goes against his principle of social and economic equality. This specifically would prevent social justice which deals with a hypothetical consent that allows equal basic rights for all citizens, as well as the advantage citizens looking out for the good of the disadvantage citizens (Sandel 2010, p.142). According to this article, there was no contract, no agreement about the street lights which the city turned off
If the NCAA modifies their terrible contract that restricts the athletes from any monetary compensation, it will open the door to new beginnings. They will be able to accept endorsement deals and other sponsorship for their image. In no way will it impact negatively on the sport. It would lead to financial freedom. Marx, who have lobbied that the athletes should be receiving a salary, said, “The injustices of fake amateurism would be gone.” (Marx 475).
Throughout the writing of “Civil Disobedience,” Thoreau often referred back to his idea that he supported which was “That government is best which governs not at all.” (Thoreau) In the passage, Thoreau believed that the government does not have a conscience. He talked about not wanting to pay the government poll tax, which in result, caused him to be thrown into jail. A poll tax is just a tax on a person for existing, therefore, everyone had to pay the same amount regardless of the value of their possessions. This poll tax was for prosecuting war on Mexico, which Thoreau disagreed with, therefore, he did not pay it. In the passage, Thoreau used many different rhetorical devices and appeals, such as anaphora and repetition to emphasize the
What the price ceiling does is immediately lowers competition that could have benefited from setting their own pricing. By setting any prices with a minimum or maximum, that group foolishly compromises the entire infrastructure in exchange for profit. Because of this, I believe the court will favor for the State of Arizona because the Medical Society set the price cap in order to benefit the member doctors over the non-member doctors, giving its members the advantage. Also because the per se rule, which is applicable to restraints of trades that are considered inherently anti-competitive, the price ceiling violates Section 1 of the Sherman Act, which would make the Medical Society guilty of its
The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures. The plaintiff did not object to the omission of vicarious liability. Because the theory of hospital negligence submitted to the jury was subordinate, they must determine whether the record contained evidence from which a jury could conclude that the hospital itself went away from the standard care of practice. The defendant’s remaining arguments were as follows: they claim that two pieces of evidence were containing admissions by Carol Armstrong and that she had consented to the exams, and that the consent was very wrongfully
The doctrine is commonly used to show to whom a defendant—usually a prescription drug manufacturer—owes the duty to adequately warn. The doctrine bars a plaintiff’s claims if she cannot show that the allegedly inadequate warning was a producing cause of her injury. Relators argued that the learned intermediary doctrine does not apply to claims under the FCA. Specifically, Relators argued that SPI cannot rely on the learned intermediary doctrine because there is no causal connection between the warnings given by the prescribing physicians and the alleged FCA violations. SPI, on the other hand, argued that, at trial, Relators should be forced to account for the role of the learned intermediary.
As a therapist you know that falsifying your documentation is illegal, but would ensure that the insurance company would pay for more sessions so Jerry could continue to elicit gains. You would not particularly benefit, but your patient would. It challenges the integrity of the therapist and the integrity of the profession. 2.) Identify which Ethical Principles and/or specific principles within the Code of Ethics are involved.