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

Audit evidence, the reliabity of audit evidence defers with source is that ...

the reliabity of audit evidence defers with source is that true

Advantage and disadvantage of judgmental sampling, Advantage and Disadvanta...

Advantage and Disadvantage of Judgmental Sampling The advantages of judgment sampling The approach is understood as well and has been refined through experience o

Banks, Banks The Authoritative documents are: The Central Bank of...

Banks The Authoritative documents are: The Central Bank of Kenya Act, The Companies Act Cap 486. IAS 30 Disclosure in the Financial statements of Banks and Similar

A test for unrecorded liabilities, should your test for unrecorded liabilit...

should your test for unrecorded liabilities be affected by the fact that a letter is obtained in which a responsible management official certifies that to the test of his knowledge

Ias 20 accounting for government grants and disclosures, IAS 20 Accounting ...

IAS 20 Accounting for Government Grants and Disclosures IAS 20 Accounting for government grants and disclosures of government assistance The auditor needs to verify the

Valuation - auditing process, Valuation - Auditing Process IAS 16 requ...

Valuation - Auditing Process IAS 16 requires that all assets for use through the business have been valued on the basis of depreciated historic costs along with one exception.

Cash and window dressing - building society, Cash and Window Dressing - Bui...

Cash and Window Dressing - Building Society Cash Possibility of misappropriation and error usually accompany the handling of cash. Building societies transactions towards

Ias 40 investment properties - audit evidence, IAS 40 Investment Properties...

IAS 40 Investment Properties - Audit Evidence Typical audit evidence might include: Physical verification of the situation and location of the investment property and c

Audit evidence, State four factors considered determining sufficiency of a...

State four factors considered determining sufficiency of audit evidence

Financial reporting, what is the impact of judgemental sampling on the qual...

what is the impact of judgemental sampling on the quality of a financial report

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