Discuss the Distinction Between Contractual and Tortious Liability in Actions

question 28

Essay

Discuss the distinction between contractual and tortious liability in actions by clients against auditors.

Recognize the role of professional associations in developing ethical standards.

Understand the legal implications and requirements related to counseling practice and assessment.

Identify the ethical considerations in forensic evaluations and the primary obligations of counselors in these contexts.

Understand the importance of informed consent in the counseling process and what it should cover.

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Definitions:

Criminal Act

An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.

Exculpatory Clauses

Contractual provisions that release one party from liability for wrongdoing towards another, often found in service agreements.

Misrepresentations

False or misleading statements or assertions that can lead someone to believe in a reality that is not true, potentially affecting decisions or contracts.

Liability

Legal responsibility for actions or inactions that cause harm or loss to another party, often leading to the obligation to compensate for damages.