Exam 5: Legal Liability

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Accountants can be liable for civil damages and criminal penalties for failure to perform professional services properly.

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True

Third-party plaintiffs bringing action under common law need not prove

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D

Foreseeable third parties are best described as

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D

Auditors are increasingly obligated to report illegal acts to third parties outside the company in which they occurred.

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Accountants are not subject to prosecution under Bill C-22, known informally as the "proceeds of crime" legislation.

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Under common law the plaintiff in a tort action against an accountant must prove that the accountant was negligent, grossly negligent, fraudulent, or otherwise responsible for the damages claimed.

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The Securities and Exchange Commission in the U.S.will hold a negligent auditor liable under common law.

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Which of the following is not an element of a successful negligence action against auditors?

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In a common law action against accountant all that a plaintiff must prove is that the accountant was negligent, grossly negligent, fraudulent, or otherwise responsible for the damages claimed.

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A breach of contract suit is a claim that could be brought by a client against an accountant that accounting services were not performed in the manner agreed upon.

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In a common law action against an accountant, lack of privity is a viable defence if the plaintiff

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An important case that limits the auditor's liability to those third parties of which the auditor had knowledge was

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In the Lac Minerals v.Corona Resources, which was one of the three factors to consider in determining if a fiduciary duty exists?

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When an auditor is found guilty of a fraudulent misrepresentation there is liability owed to

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A CA may be liable to any purchaser of a security if the CA issued a clean opinion on materially misstated financial statements.CA usually will not be liable to the purchaser

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Who would be considered a reasonably foreseeable third party for an auditor?

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Negligence is the failure to perform a duty with the requisite standard of care.What are the four elements of negligence and what would be an auditor's defense against them?

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Beckler & Associates CAs issued an unqualified opinion on the financial statements of Queen Ltd.The financial statements contained misstatements that resulted in a material overstatement of Queen's net worth.Queen provided the audited financial statements to Mac Bank in connection with a loan made by Mac to Queen.Beckler knew that the financial statements would be provided to Mac.Queen defaulted on the loan.Mac sued Beckler to recover the losses associated with Queen's default.Which of the following must Mac prove in order to recover? I.Beckler was negligent in conducting the audit. II.Mac relied on the financial statements.

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Under the common law, in a law suit concerning auditor liability, the primary beneficiary is

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While conducting an audit, Larson & Larson Chartered Accountants failed to detect a material misstatement in its client's financial statements.Larson's unqualified opinion was included with the financial statements in a prospectus for a public offering of securities made by the client.Larson knew that its opinion and the financial statements would be used for this purpose.Which of the following statements is correct with regard to a suit against Larson and the client by a purchaser of the securities?

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