Exam 15: Legal Liability

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When bringing suit against auditors under section 10(b)of the Securities Exchange Act of 1934,plaintiffs must allege and prove

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B

What are the legal liabilities of auditors under common law?

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Legal liabilities of auditors may arise from lawsuits brought on the basis of the law of contracts or as tort actions for failure to exercise the appropriate level of professional care.Breach of contract is a claim that accounting or auditing services were not performed in the manner agreed.Tort actions cover complaints other than breach of contract and normally involve accusations that auditors failed to detect material misstatements.Such actions are normally initiated by users of financial statements.

Which of the following would not need to be demonstrated by third parties bringing suit against auditors for losses sustained under the Securities Act of 1933?

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Elliot Corp.is interested in purchasing Roger Corp.Prior to the purchase Elliot hired Adam & Co.to audit the financial statements of Roger.During the audit,Adam & Co.failed to discover a fraud that resulted in material misstatements in Roger's financial statements.After the acquisition,the fraud was discovered and Elliot Corp.suffered substantial losses.If Elliot sues Adam & Co.,Elliot must prove that Adam & Co

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Which of the following is the best defense auditors can assert in a suit for common law fraud based on their unqualified opinion on materially misstated financial statements?

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At the request of James Company's management,

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Lauren hires Humphrey,a CPA,to provide an audit of her financial statements.The engagement letter includes a statement acknowledging that audited financial statements will be provided to financial institutions for a loan,but does not name any financial institutions.Humphrey completes the audit and issues an unqualified opinion.Based on the audited financial statements,Key Largo Bank approves the loan to Lauren.Four months later,Lauren files for bankruptcy.Key Largo Bank would most likely sue Humphrey claiming

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To be successful in a civil action under section 11 of the Securities Act of 1933 against auditors for liability for a materially misstated registration statement,the plaintiff must prove

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Failure to provide any level care in fulfilling a duty owed to another party,including reckless disregard for the truth,is called

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Typical defenses for auditors in common law actions include all of the following,except

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Which of the following parties is most likely to recover against auditors for losses resulting from acts of ordinary negligence?

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To prevail in an action brought under common law,the plaintiff must show all of the following except

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Under the liability provisions of section 11 of the Securities Act of 1933,auditors may be liable to any purchaser of securities for certifying materially misstated financial statements that are included in the registration statement.Under section 11,which of the following must be proven by a purchaser of the security?

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If an audit is performed for the benefit of a specific person or organization,that person or organization is known as a(n)

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The SEC Rule 10b-5 deals with

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How does the Securities Act of 1933,which imposes civil liability on auditors for misrepresentations or omissions of material facts in a registration statement,expand auditors' liability to purchasers of securities beyond that of common law?

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Under the liability provisions of section 11 of the Securities Act of 1933,auditors may be liable to any purchaser of a security for certifying materially misstated financial statements that are included in the registration statement.Under section 11,auditors usually will not be liable to the purchaser

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Which of the following claims concerning the quality of auditors' work would least likely result in civil liability for damages?

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Using the following letters,identify the case to which each statement is most closely related: Using the following letters,identify the case to which each statement is most closely related:

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A principle that may reduce or eliminates auditors' liability to clients is

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