Exam 3: Legal Liability

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When an auditor issues an erroneous opinion as the result of an underlying failure to comply with the requirements of generally accepted auditing standards, it results in

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The Ultramares doctrine is that ordinary negligence is insufficient for liability of auditors to third parties because of the lack of privity of contract between the third party and the auditor. What type of behaviour on the part of an auditor would result in liability to more general third parties according to this doctrine?

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To succeed in an action against the auditor, the client must be able to show that

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Which of the following lawsuits resulted in a decision that shareholders could not sue the auditors for the loss in the value of their shares?

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The court ruled that Jones did not rely on the financial statements in his decision to purchase shares of Manumite Limited. Instead, Jones relied upon his discussions with the owners and with financial analysts. This result illustrates

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PA has been recently appointed auditor of Foible Ltd., a company that exports high-cost knickknacks. To facilitate the rapid preparation of the financial statements, management had the physical inventory counted in October, rather than at the December year-end. During the inventory count, PA noticed that several of the boxes were labelled with receiving documents from a competitor. PA was told that the new warehouse supervisor worked part-time at the competitor and must have picked up the wrong boxes. Several employees have sued Foible Ltd. for wrongful dismissal, claiming that they were promised a job that would last at least one year and would be provided with low cost accommodations. They are suing for the balance of the year's wages and are claiming that they were brought into the country under false pretenses. These employees are all from an Eastern-European country. The law firm has responded in a legal letter that this suit is without merit. During the year, Foible obtained legal services from a firm in which Foible's Chairman of the Board of is a partner. Fees and disbursements for these services for the year were $125 000, a material amount. During the audit, employees often spoke in a foreign language among themselves before responding to PA. Then one employee would respond after some (often heated) discussion. Subsequent to the year end, the warehouse supervisor was arrested on criminal charges of theft, and Foible was charged with selling stolen goods. PA was charged as an accomplice to money laundering, as all of the management for Foible were members of a criminal group found to be laundering money from Eastern Europe. Required: Discuss the actions that PA could have taken during the engagement to prevent these charges.

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Most accounting and auditing professionals agree that when an audit has failed to uncover material misstatements, and the wrong type of audit opinion is issued, the audit firm

(Multiple Choice)
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A bank sues the auditor after making a loan to Klaxxon, a company that went bankrupt. The bank indicates that they relied on the year-end financial statements of Klaxxon to make the lending decision. The bank analyst indicates that the audit opinion was unqualified so he assumed that Klaxxon was a going concern. The auditor defends himself by referring to a note disclosure in the financial statements about the company's economic dependence on one buyer, Dexters Corp. Dexters Corp had experienced some significant financial trouble for the past year and went bankrupt three months after the financial statements of Klaxxon were released. The PA's liability is likely

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PA was engaged by Microcomputer Distributor Limited (MDL) to conduct a review engagement. The financial statements are used primarily by the shareholders, management, and by the bank. Recently, an employee was fired for stealing computer parts, primarily chips and boards that could easily be placed in a pocket. MDL is suing PA because they believed that audit procedures, such as counting inventory, would have detected this fraud. What is PA's best defence?

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Individuals who accept fees (or property) and know or are willfully blind to the fact that the property was obtained illegally can be charged with money laundering, a criminal offence. Which of the following techniques will help a PA prevent such charges?

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Conflict between financial statement users and auditors often arises because of the

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Describe each of the six defences a public accounting firm can normally use when facing legal claims by clients.

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An example of an audit failure is when the

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Sandra is a new partner at a PA firm. Sandra recently signed a new contract with Gretchen Fabrics to become its auditor. In the process of accepting the client and planning the first year's audit, Sandra did the following: - Sandra contacted the previous auditor to enquire if there were any reasons not to accept the audit of this client. Unfortunately, the previous auditor was on vacation and did not respond to Sandra before she accepted the client. - Upon his return, the previous auditor did communicate with Sandra and indicated that the client had aggressive expense deferral policies that they disagreed on. Sandra asked to review the working papers of the previous auditor with regards to these expenses and found them to be right below the materiality threshold. - Gretchen Fabrics imports most of its fabrics and has two production facilities in Asia. The company therefore has a complex tax structure and many import duties. Since this is not the area of expertise of Sandra, she asked another auditing firm to provide the required audit procedures for the international taxes and duties expense. When selecting the other audit firm, Sandra researched the firm online. She also ensured that they had their professional designation and enquired with the CPA and provincial association if the firm had any complaints or litigation outstanding for malpractice. - Since the bidding process took time, Sandra had to start the audit almost right after learning she had the winning bid. She did not prepare an engagement letter before starting the work. She does not see this as being a problem since waiting until the audit has begun will provide her with a better idea of what work has to be done and what the engagement letter should include. Required: Identify the good and bad steps that Sandra has undertaken in reducing her exposure to legal liability.

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According to the CPA Handbook, the auditor's responsibility for failure to detect fraud arises

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