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Question: You work as a junior clerk for Oakland, Dyer & Summ, Accountants. The senior partner of the firm, while cond? You work as a junior clerk for Ikkelbod, Dwyer & Summ, Accountants. The senior partner of the firm, while conducting an Audit has encountered two difficulties. He placed two different problems on your desk which are representative of the difficulties he has discovered. The extent of the client’s tax liabilities will be dependant on the validity of the transaction in each case. He requires you to research these problems and give him all legal options which he in turn can then advise the respective clients with. The partner has requested this information in the form of an opinion. [An opinion is an essay which covers all of the relevant legal issues and researches the relevant legal precedents. Based on this research an indication is made what may be the most advantageous path for the client to take. All relevant legal information must be provided to the client, to enable them to make an informed choice.] (a) Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend: “By accepting this ticket the holder is bound by the terms and conditions of the contract.” Mrs S enters the car-park. On the first floor she finds a large sign which states the terms of the contract. One of these terms is that any car left after 5 pm. will be charged $50.00 regardless of length of stay. Mrs Smith does not like this idea and attempts to leave the car-park; there is however a line of cars exiting and her departure is delayed by 10 minutes. At the pay kiosk the attendant tries to charge Mrs Smith $50.00 for her stay. Mrs Smith refuses; she claims a contract was not formed. Could you briefly set out what you would consider Mrs Smith’s legal argument for her claim would be under common law? How would Watson’s Multi-story Car-park attempt to counter this claim?

Answer: Mrs. Smith's argument would be that no contract was formed as there was no acceptance by her of the terms of the contract I'm not sure that Watson's could counter this claim, unless they could show the Mrs. Smith should have expected terms similar to the ones that Watson's imposed. They could attempt to recover in quasi-contract but they would have to show a benefit to Mrs Smith from the transaction, which is not evident from the facts stated. I'm not sure why the accounting firm would be doing legal research--better to leave it to the attorneys.


Senior Accountant Audit Career Information and Opportunities

Swisher Hygiene Inc. Delays Filing of 2012 First Quarter Report on Form 10-Q

MarketWatch (press release)
Also, the Board, based on the recommendation of the Audit Committee, determined that two additional senior accounting personnel be separated from Swisher Hygiene, effective immediately. In making these employment determinations, the Board did not ...
 

Swisher Hygiene Inc. Delays Filing of 2012 First Quarter Report on Form 10-Q

NASDAQ
Also, the Board, based on the recommendation of the Audit Committee, determined that two additional senior accounting personnel be separated from Swisher Hygiene, effective immediately. In making these employment determinations, the Board did not ...
 

Frontier Communications Prices Offering of $500 Million Senior Notes Due 2021

MarketWatch (press release)
STAMFORD, Conn., May 17, 2012 (BUSINESS WIRE) -- Frontier Communications Corporation (the "Company") (NASDAQ:FTR) announced today that it has priced its registered offering of $500 million aggregate principal amount of 9.250% senior notes due 2021 (the ...
 

Los Angeles Times

China orders Big Four accounting firms to localize operations
Los Angeles Times
 

Crexendo Announces Changes to Senior Management Team

MarketWatch (press release)
Prior to his employment with Ernst & Young, Mr. Vincent was an audit senior with Mukai, Greenlee & Company and John C. Todd II, PC Mr. Vincent holds an MBA from the University of Phoenix and a BS in accounting/finance from Indiana University ...
 

VirTra Systems Appoints Experienced Director of Finance, Corporate Controller

MarketWatch (press release)
Earlier in his career he worked in senior accountant and financial analyst roles for 3M Corp. Mr. Skidmore began his career as a Senior Auditor with the accounting firm of Ernst & Young LLP and passed the CPA exam during this time.
 

Tiffany Stockholders Elect New Board Member; Also Approve Two Other Proposals

MarketWatch (press release)
... has held a variety of senior level corporate positions including that of chief financial officer of Gucci Group NV. Earlier in his career, he was a partner at Coopers & Lybrand, the global accounting firm. He will chair the Board's Audit Committee ...
 

China orders Big Four accounting firms to localize

Bellingham Herald
Although the firms have hired thousands of Chinese accountants in recent years, many of their senior staffers have come from outside China. The firms were originally allowed to operate largely with foreign partners because qualified local staff were ...
 

Education: Job-seeking graduates find type of degree matters

Kankakee Daily Journal
She signed a contract with PricewaterhouseCoopers before she even began her senior year at Villanova University's School of Business in Pennsylvania, after completing an internship last summer with the audit and consulting firm.
 

Leaders from large accounting firms bullish but monitoring regulation ...

Journal of Accountancy
By Kim Nilsen Complexity and competition in the public accounting profession will rise as businesses demand more, better, faster, and cheaper. Working in teams and harnessing data will become more critical. Services in areas of assurance, audit, tax, ...