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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
An enacting clause may be preceded by an explanatory preamble of "whereas" clauses, e.g. for the Chequers Estate Act 1917. [65] Until the 19th century each later section of an act repeated an abbreviated version of the formula used in the first section, typically "and be it further enacted by the authority aforesaid".
In order for the court to decide if the auditor's duty actually extended to the third party, for ordinary negligence, there are four legal approaches each state could follow. First is the Privity approach, which states the auditor is liable to a third party if an existence of a contract is in existence.
The example of permitting assignment under specified circumstances is: An example: The hulls and freight clauses contain a similar "assignment clause" which states that no assignment is binding unless a dated notice of assignment, signed by the assured is endorsed on the policy and the policy is produced before payment of claim or return of ...
The Supreme Court relied on the Supremacy Clause to hold that the federal law controlled and could not be nullified by state statutes or officials. In Edgar v. MITE Corp., 457 U.S. 624 (1982), the Supreme Court ruled: "A state statute is void to the extent that it actually conflicts with a valid Federal statute".
It is stated in ISA 315 (paragraph A.124) that the auditor should use assertions for classes of transactions, account balances, and presentation and disclosures in sufficient detail to form a basis for the assessment of risks of material misstatement and the design and performance of further audit procedures.
Failure to comply with the period of notice might also render the clause to be unenforceable in court, as ruled in Halpin v. Riverstone National, Inc., C.A. No. 9796-VCG (the Court in this case dealt with drag-along rights, another similar provision, but the overall principle still holds mutatis mutandis). Since participating shareholders are ...
When all the audit procedures that are considered necessary, either by circumstances, engagement, or client limitation, the audit is limited in scope. Auditing standards suggest that when restrictions imposed by the client significantly limit the scope of the engagement the auditor should consider disclaiming the opinion.