Exam 20: Legal Liability Cases

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

(Multiple Choice)
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A defendant accountant will likely first try to argue that it had no privity relationship with the plaintiff.

(True/False)
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During a review engagement, CPA discovers that the gross margin has increased by 20% over the last few years. To avoid potential liability due to possibly misstated financial statements, what should CPA do?

(Multiple Choice)
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When an auditor is found guilty of a fraudulent misrepresentation, there is liability owed to ________.

(Multiple Choice)
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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 defence against them?

(Essay)
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If a professional accountant is able to reasonably foresee a limited class of potential users for his or her work, liability may then be imposed for ________.

(Multiple Choice)
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A relationship of direct involvement between parties to a contract is known as privity

(True/False)
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The OSC in Canada has powers to decide what is GAAP, similar to the SEC in the United States.

(True/False)
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Primary beneficiaries are third parties who have paid to have an audit performed.

(True/False)
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Even in a review engagement, the accountant cannot merely accept client-supplied information that appears to be false or misleading.

(True/False)
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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.

(True/False)
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Due professional care occurs when an auditor observes all the rules of conduct for the profession and applies all the standards of the profession.

(True/False)
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When referring to public accountants, what does breach of contract mean?

(Multiple Choice)
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A reasonably foreseeable third party would include current shareholders but not lenders.

(True/False)
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In contrast to its concern for the quality of accounting principles, the SEC's involvement in auditing standards and procedural matters has been minimal since the developments of the McKesson and Robbins affair.

(True/False)
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Who would be considered a reasonably foreseeable third party for an auditor?

(Essay)
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Under common law, a plaintiff who is owed a legal duty of care must prove reliance on misleading statements and damages suffered because of that reliance.

(True/False)
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What are the legal liabilities of professional accountants under the common law?

(Essay)
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The United States was the first nation to make it illegal to bribe foreign officials. This was implemented through the landmark Foreign Corrupt Practices Act of 1977 (FCPA).

(True/False)
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Sun Corp. approved a merger plan with Cord Corp. One of the factors that led to the approval of the merger was the fact that the Cord's financial statements were audited by Frank & Co. CPAs. Sun had engaged Frank to audit Cord's financial statements. While performing the audit, Frank failed to discover certain irregularities that later caused Sun to suffer substantial losses. For the lawsuit to be successful, Sun must prove that Frank & Co., CPAs ________.

(Multiple Choice)
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