Risk And Negligence In Property Transactions

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Professional Liability and Property Transactions

Author : Sharon Christensen,W. D. Duncan
Publisher : Federation Press
Page : 518 pages
File Size : 41,8 Mb
Release : 2004
Category : Law
ISBN : 1862875111

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Professional Liability and Property Transactions by Sharon Christensen,W. D. Duncan Pdf

This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.

Environmental Liability and Real Property Transactions

Author : Joel S. Moskowitz
Publisher : Wolters Kluwer
Page : 546 pages
File Size : 46,6 Mb
Release : 1995-01-01
Category : Law
ISBN : 0735528217

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Environmental Liability and Real Property Transactions by Joel S. Moskowitz Pdf

Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers.

Safeguarding Real Estate Transactions

Author : Francy Kussner,Law Society of Upper Canada. Department of Continuing Legal Education
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2007
Category : Electronic
ISBN : 0887592317

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Safeguarding Real Estate Transactions by Francy Kussner,Law Society of Upper Canada. Department of Continuing Legal Education Pdf

Title searching and conveyancing in Ontario

Author : Janet M. Globe,Marguerite E. Moore
Publisher : Unknown
Page : 835 pages
File Size : 43,5 Mb
Release : 2010
Category : Land titles
ISBN : 0433461322

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Title searching and conveyancing in Ontario by Janet M. Globe,Marguerite E. Moore Pdf

Pure Economic Loss in Canadian Negligence Law

Author : Russell Brown
Publisher : Unknown
Page : 481 pages
File Size : 49,8 Mb
Release : 2011
Category : Negligence
ISBN : 0433454504

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Pure Economic Loss in Canadian Negligence Law by Russell Brown Pdf

"This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area."--Publisher.

Causation in Negligence

Author : Sarah Green
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 45,9 Mb
Release : 2015-01-15
Category : Law
ISBN : 9781782255208

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Causation in Negligence by Sarah Green Pdf

The principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood. The need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different 'categories' of causation and, consequently, to identify the legal test to be applied on any given set of facts. Causation in Negligence will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process. The causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.

Conveyancing Handbook

Author : Frances Silverman
Publisher : The Law Society
Page : 1496 pages
File Size : 46,7 Mb
Release : 2017-09-04
Category : Law
ISBN : 9781784460945

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Conveyancing Handbook by Frances Silverman Pdf

The Law Society's Conveyancing Handbook presents the latest guidance in residential conveyancing and is a crucial resource for answering queries arising from day-to-day transactions. It is revised annually by a team of experts, directed by an editorial board and edited by Frances Silverman.The 24th edition includes: a new chapter on conveyancing of shared ownership property a new chapter on Annual Tax on Enveloped Dwellings (ATED) the new third edition of the Standard Commercial Property Conditions the Law Society's Model Property Report and Consumer Lease Report.

Accountants’ Negligence and Liability

Author : Simon Salzedo KC,Tony Singla KC
Publisher : Bloomsbury Publishing
Page : 569 pages
File Size : 45,7 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781526512475

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Accountants’ Negligence and Liability by Simon Salzedo KC,Tony Singla KC Pdf

An in-depth practical work covering all the main areas of accountants' legal liabilities in negligence claims, including audit liabilities to clients and others, tax and insolvency work and conflicts of interest. It covers accountants' negligence in relation to claims against accountants acting for corporations as well as accountants acting for individuals. The second edition focusses on the difficult legal issues surrounding the liability of accountants in negligence claims. It covers statutory and non-statutory audits, tax advice, specified procedures reporting, due diligence reports and corporate finance reporting. It looks at the scope of losses for which the accountant may be liable with detailed reference to case law as well as money laundering and regulatory issues. Limitation and contributory fault are considered with special reference to accountants' cases. The following important developments and case law are included: - The material covering the application of the SAAMCO/scope of duty principle has been substantially revised following the clarification of the SAAMCO principle of scope of duty by the Supreme Court in BPE Solicitors & Anor v Hughes-Holland [2017] UKSC 21, [2018] AC 599 and the Court of Appeal in the accountants' case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, [2019] 1 WLR 4610 - AssetCo v Grant Thornton [2019] EWHC 150 (Comm), [2019] Bus LR 2291 in which the first edition of this book was cited several times, an auditor was held liable for trading losses caused by management fraud and the Court of Appeal at [2021] PNLR 1 considered the application of the scope of duty principle to a general audit case and the question of credit for the receipt by the company of new capital - The difficult question of the application of the scope of duty principle to dividends, discussed by the High Court in BTI v PricewaterhouseCoopers [2020] PNLR 7 and the Court of Appeal in AssetCo v Grant Thornton - Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 on avoided loss - Developments in the application of rules of contributory fault to accountants in the light of the trial judgments on this issue in Manchester Building Society v Grant Thornton and AssetCo v Grant Thornton - The effect of the Supreme Court's decision in Singularis Holdings v Daiwa Capital Markets [2020] AC 1189 on auditor's counterclaims and the illegality defence - The controversial High Court decision on accountants' conflicts of interest in Harlequin Property v Wilkins Kennedy [2017] 4 WLR 30 - Pre-action disclosure against auditors following the decision in Carillion Plc v KPMG LLP [2020] EWHC 1416 (Comm) - First Tower Trustees v CDS (Superstores) [2019] 1 WLR with important implications for the application of UCTA to disclaimers of liability - Halsall v Champion Consulting [2017] PNLR 32 where extended limitation under s14A was considered in the context of tax schemes and a tax adviser's contractual time bar was construed - Evans v PricewaterhouseCoopers [2019] EWHC 1505 (Ch) on the date when the cause of action for tax advice was considered in detail - Developments in the law of privilege in relation to investigations of auditors including Sports Direct v Financial Reporting Council [2020] EWCA Civ 177, [2020] 2 WLR 1256 - Substantial revisions to the Code of Ethics, disciplinary bye-laws, and the FRC's rules and schemes

Tort Law

Author : Jenny Steele
Publisher : Oxford University Press, USA
Page : 985 pages
File Size : 42,7 Mb
Release : 2014
Category : Law
ISBN : 9780199671403

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Tort Law by Jenny Steele Pdf

'Tort Law' offers a stimulating introduction to the subject. Jenny Steele provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials.

Principles of Real Estate Practice in Maryland: 1st Edition

Author : Stephen Mettling,David Cusic,Jane Somers
Publisher : Performance Programs Company
Page : 604 pages
File Size : 51,8 Mb
Release : 2021-03
Category : Law
ISBN : 9780915777730

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Principles of Real Estate Practice in Maryland: 1st Edition by Stephen Mettling,David Cusic,Jane Somers Pdf

Principles of Real Estate Practice in Maryland contains the essentials of the national and Maryland real estate law, principles, and practices necessary for basic competence as a real estate professional and as mandated by Maryland license law. It is based on our highly successful and popular national publication, Principles of Real Estate Practice, which is in use in real estate schools nationwide. The text is tailored to the needs of the pre-license student. It is designed to - make it easy for students to learn the material and pass their real estate exam - prepare students for numerous career applications - stress practical, rather than theoretical, skills and knowledge. Principles of Real Estate Practice in Maryland is streamlined, direct and to-the-point. It includes multiple learning reinforcements. It has a student-oriented organization, both within each chapter and from chapter to chapter. Its examples and exercises are grounded in the authors' many years in real estate education. Table of Contents The Real Estate Business Rights in Real Estate Interests and Estates Ownership Encumbrances and Liens Transferring and Recording Title to Real Estate Leasing Essentials Land Use Planning and Control Legal Descriptions Fundamentals of Contract Law National Agency Listing Agreements: An Overview General Brokerage Practices Overview of Conveyance Contracts Real Estate Market Economics Appraising and Estimating Market Value Real Estate Finance Real Estate Investment Real Estate Taxation Professional Practices Closings Overview of Licensing and Regulation Risk Management Property Management The Maryland Regulatory Environment Maryland Licensing Requirements Maryland Regulation of Business Conduct Maryland Brokerage Relationships and Disclosure Ethical Practices and Fair Housing Other Maryland Laws and Practices Glossary of Residential Style and Construction Terms Glossary of General Real Estate Terms Index For students looking for a Maryland exam prep book, we also publish Maryland Real Estate License Exam Prep.

Risk Management for Real Estate Appraisers and Appraisal Firms

Author : Peter T. Christensen,Claudia L. Gaglione
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2019
Category : Real estate appraisers
ISBN : 1935328778

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Risk Management for Real Estate Appraisers and Appraisal Firms by Peter T. Christensen,Claudia L. Gaglione Pdf

"The purpose of this book is to provide practical guidance to real estate appraisers about how to manage liability risk associated with their professional work and the operation of appraisal firms. Part I of this book introduces the essential concepts for managing risk related to appraisal work. The guidance provided in this part of the book applies to all types of appraisal assignments. Part II focuses on unique issues relating to specific types of work and particular scenarios. Finally, Part III addresses several special risks relating to the operation of appraisal firms that have arisen in recent years"--

Rediscovering the Law of Negligence

Author : Allan Beever
Publisher : Bloomsbury Publishing
Page : 372 pages
File Size : 53,5 Mb
Release : 2007-05-30
Category : Law
ISBN : 9781847316998

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Rediscovering the Law of Negligence by Allan Beever Pdf

Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

Payment Systems and Other Financial Transactions

Author : Ronald J. Mann
Publisher : Aspen Publishing
Page : 677 pages
File Size : 48,9 Mb
Release : 2023-10-16
Category : Law
ISBN : 9798889066415

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Payment Systems and Other Financial Transactions by Ronald J. Mann Pdf

Written by Ronald J. Mann, one of the country’s leading Commercial Law scholars, Payment Systems and Other Financial Transactions continues to deliver clear, detailed practical explanations of how payment systems actually work. Using a systems approach, the text and problems focus on rules that are applied in practice. Easily adapted to any 50-minute, 75-minute, or two-hour long class, this casebook is suitable for use in courses on Payment Systems, Negotiable Instruments, or Commercial Paper. New to the Eighth Edition: UCC Article 12, establishing rules for transactions in cryptocurrency and other controllable electronic records CitiBank v Brigade Capital Mgmt – the notorious “mistaken” wire transfer decision Updates to the cases on credit card fraud, including Singer v Chase Manhattan Bank and Hassan v Chase Bank Professors and students will benefit from: Easy to teach; class sessions flow naturally from problem sets Coverage of the things students actually want to learn, that they will encounter in practice Assignment structure makes it easy to pick and choose topics for the syllabus Teaches the things students need to know to succeed in clerkships and jobs Self-contained assignments makes preparation easy Problem sets focus attention to the issues that matter

Principles of Real Estate Practice is Mississippi

Author : Stephen Mettling,David Cusic,Ryan Mettling,Jane Somers
Publisher : Performance Programs Company
Page : 562 pages
File Size : 48,7 Mb
Release : 2023-12-07
Category : Law
ISBN : 9781955919500

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Principles of Real Estate Practice is Mississippi by Stephen Mettling,David Cusic,Ryan Mettling,Jane Somers Pdf

Principles of Real Estate Practice in Mississippi contains the essentials of the national and Mississippi real estate law, principles, and practices necessary for basic competence as a real estate professional and as mandated by Mississippi license law. It is based on our highly successful and popular national publication, Principles of Real Estate Practice, which is in use in real estate schools nationwide. The text is tailored to the needs of the pre-license student. It is designed to make it easy for students to learn the material and pass their real estate exam prepare students for numerous career applications stress practical, rather than theoretical, skills and knowledge. Principles of Real Estate Practice in Mississippi is streamlined, direct and to-the-point. It includes multiple learning reinforcements. It has a student-oriented organization, both within each chapter and from chapter to chapter. Its examples and exercises are grounded in the authors' many years in real estate education. Table of Contents The Real Estate Business Rights in Real Estate Interests and Estates Ownership Encumbrances and Liens Transferring and Recording Title to Real Estate Leasing Essentials Land Use Planning and Control Legal Descriptions Fundamentals of Contract Law National Agency Listing Agreements: An Overview General Brokerage Practices Overview of Conveyance Contracts Real Estate Market Economics Appraising and Estimating Market Value Real Estate Finance Real Estate Investment Real Estate Taxation Professional Practices Closings Overview of Licensing and Regulation Risk Management Property Management The Mississippi Real Estate Commission Mississippi License Requirements Mississippi Property Condition Disclosures Mississippi Agency and Agency Disclosure Regulation of Mississippi Brokerage Practice Other Mississippi Laws and Practices Glossary of Residential Style and Construction Terms Glossary of General Real Estate Terms Index For students looking for a Mississippi-specific exam prep book, we also publish Mississippi Real Estate License Exam Prep, 3rd Edition.