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

Records kept by auditor, Records kept by AUDITOR of procedures applied, tes...

Records kept by AUDITOR of procedures applied, tests performed, the information obtained and pertinent conclusions reached in the course of the AUDIT. (2) Any records developed by

Deferred taxation - audit process, Deferred Taxation - Audit Process D...

Deferred Taxation - Audit Process Deferred Taxation results from the fact such the income tax department require different rules for calculating profits from those used throug

Tell me how to do an internal audit efficiently, With internal audit we alw...

With internal audit we always require to be careful of any manipulations within the company itself. Errors and frauds within the company cannot be denied /overlooked at any cost.

Research and development - audit process, Research and Development - Audit ...

Research and Development - Audit Process The past of business is littered along with cases of companies which have collapsed as a convulsion of over indulgence in discover and

General verification procedures - audit process, General Verification Proce...

General Verification Procedures - Audit Process 1. Get or prepare a schedule for each and every class of liability. Usually this would indicate the makeup of the liability a

Audit procedures for obtaining audit evidence, AsList and define five audit...

AsList and define five audit procedures for obtaining audit evidence. (ii) Why is it necessary to obtain corroborating evidence for inquiry and observation? (iii) What is the dif

Advantages and disadvantages of joint audits, Advantages and Disadvantages ...

Advantages and Disadvantages of Joint Audits The general disadvantages and advantages of joint audits as: Advantages 1. All fees and work are welcome to audit firms. 2. A

.audits, distinguish between early audits and modern audits

distinguish between early audits and modern audits

Advantages and disadvantages of internal audit?, Benefits of Internal Audit...

Benefits of Internal Audit are following: It is in-expensive. No charted accounted is needed to audit internally. Faults will be removed before preparing financial stateme

Questionable payments, Questionable Payments In some countries, busines...

Questionable Payments In some countries, business is often gained by bribing ministers or public officials or officers of companies or firms with whom one wishes to do business

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