Negligence in general, Auditing

Assignment Help:

Negligence in General

There is no case against auditors and this made it hard to be accurate as to where the auditor’s legal liability falls.  We require therefore referring to decided cased. Though even in countries there are in fact very few decided cases against the auditors. The vast majority of actions against auditors are completed out of court. This saves what could or else be very costly court costs.  It is also important to note that this saves dragging the professional firm's name via the courts and most probable via the newspapers. Firms are of course concerned to avoid such awful publicity.

It is though usually known that the auditor's liability falls beneath three specific headings:

(a) To his clients underneath contract law;
(b) To third parties beneath the law of tort;
(c) Civil and criminal liability beneath statute law

To his clients: 

The auditor is under responsibility to report to the members in common meetings on all accounts observed by him and lay before them. His contract is thus with the company as an entire and not with separate shareholders. The auditor can thus be accused of carelessness if:

(a) He fails to notice scam or error that he must reasonably have noticed;
(b) When he fails to obey with generally admitted auditing standards and practices.

Though, it is also usually held that for an auditor to suffer real financial loss, the following situation should be met.

  • He must be confirmed to have been neglectful;
  • The complainant should have suffered a loss;
  • The loss should be as a direct result of his reliance on the auditor's report and the auditor’s carelessness.

 

Hence when the auditor fails to detect a scam that is immaterial to the accounts and unless there are suspicious situations which he had observed or must reasonably have observed, it is unlikely that he will be held neglectful.

Even when the fraud was material to the accounts, he might still escape liability if detection could not reasonably have been attained by using normal audit process.  It should be admitted though this is a very dubious region of law.

The auditor has no responsibility to separate shareholders. A shareholder who makes an investment decision by relying on the auditor's report and suffers loss cannot claim under the law of contract. Only when the company as an entire has suffered, can the entire body of shareholders claim from the auditor.


Related Discussions:- Negligence in general

Ias 40 investment properties, IAS 40 Investment Properties Audit work ...

IAS 40 Investment Properties Audit work common to all kinds of land and building will be used to establish ownership, existence and price. IAS 40 requires such companies may a

Explain an example relevant to the audit of purchases, QUESTION: (a) T...

QUESTION: (a) The auditor should get relevant and reliable audit evidence sufficient to enable him to draw reasonable conclusions therefrom: (i) What do you understand by

Valuation and petty-cash - cash and bank balances, Valuation and Petty-cash...

Valuation and Petty-cash - Cash and Bank Balances Valuation Till recently, valuation of banks and cash balances was got for granted till several financial institutions st

Techniques of obtaining evidence, Techniques of obtaining evidence ISA ...

Techniques of obtaining evidence ISA 500 mentions them as: (a) Inspection of records or documents, (b) Inspection of tangible assets, (c) Observation, (d) Inquiry, (e) C

Discovery of unlawful acts, Discovery of unlawful acts When an auditor ...

Discovery of unlawful acts When an auditor discovers unlawful acts, usually he is not expected to disclose to the police or other authorities unless: The client authorise

Violated or not, e following situations involve a possible violation of the...

e following situations involve a possible violation of the MIA ByLaws (on professional ethics, conduct and practice). For each situation, (1) decide whether or not the Code has bee

Verification, procedures for verifying a fixed assets

procedures for verifying a fixed assets

List three main steps in applying materiality to an audit, QUESTION 1: ...

QUESTION 1: Part A When planning a financial statement audit, an audit manager must understand audit risk as well as its components. The firm of Jack and Jackie calculates

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd