Exam 20: Legal Liability Cases

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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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Which landmark Canadian case confirmed that auditors owe a duty to third parties where they have "actual knowledge of the limited class that will use and rely on the statements"?

(Multiple Choice)
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A CPA may be liable to any purchaser of a security if the CPA issued a clean opinion on materially misstated financial statements.The CPA usually will not be liable to the purchaser ________.

(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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Primary beneficiaries are third parties who have paid to have an audit performed.

(True/False)
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A reasonably foreseeable third party would include current shareholders but not lenders.

(True/False)
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While conducting an audit,Larson Associates CPAs failed to detect a material misstatement in its client's financial statements.Larson's unqualified opinion was included with the financial statements in a registration statement and 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.In a suit by a purchaser against Larson for common law negligence,Larson's best defence would be that the ________.

(Multiple Choice)
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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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Explain why the decision rendered in Hercules Managements Ltd.et al.v.Ernst & Young e al (the Hercules Management Case)was considered so controversial.

(Essay)
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Accountants are liable under the common law for breach of contract if they fail to fulfill their contractual obligations with their clients and for negligence if they fail to exercise due care in the performance of services for their clients

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

(True/False)
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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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Which of the following statements the Foreign Corrupt Practices Act of 1977 (the FCPA)and its effect on the accounting profession is FALSE?

(Multiple Choice)
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Smith & Smith,CPAs,audit the financial statements of ABC Company,who require audited financial statements be provided to Acme Bank,who provides ABC Company with an operating line and several loans.Smith & Smith are aware of Acme Bank's reliance on their audit report to decide on granting financing to ABC Company.ABC's management also uses the audited statements to make management decisions and sometimes provide copies to their suppliers to evaluate ABC's credit.In this scenario,who is (are)the primary beneficiary (beneficiaries)of Smith & Smith's audit of ABC Company's financial statements?

(Multiple Choice)
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The Securities and Exchange Commission in the United States will hold a negligent auditor liable under common law.

(True/False)
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Which of the following is NOT an element of a successful negligence action against auditors?

(Multiple Choice)
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