Misfeasance by the auditors, Business Law and Ethics

Assignment Help:

Misfeasance by the auditors:

However it is not sufficient to describe that the frauds must have been detected whether the entries in the books had been put mutually in a way which never occurred to any one before suspicion was aroused.  The question is where, no suspicion of anything wrong being   entertained, there was a want of reasonable care on the part of the auditors in relying on the returns made through a competent and trusted expert relating to matters on where as information from such a person was essential. So I can't think there was.  The manager had no apparent conflict between his his duty and interest also.  Therefore his position was not similar to that of a cashier who was to account for the cash that he receives, and other, whose own account of his receipts and payments could not reasonably be taken by an auditor without further inquiry.

                   LOPES,LJ.:" ... (1) What is a misfeasance within the way of S.324(1)?

Therefore now 'Have the auditors in the circumstances of this case committed a misfeasance?'  Since it has been held that an auditor is an officer within the meaning of the Section as:- like 'In RE LONDON AND GENERAL BANK'.  So but has there been any misfeasance by the auditors?  Thus now this depends upon what meaning is to be assigned to the word "misfeasance" as used in this section.  The learned moderator or judge in the court below held that misfeasance covered any misconduct by an officer of the company as such for which such officer might have been sued apart from the section.  In my judgement this is too wide.


Related Discussions:- Misfeasance by the auditors

Implementation of the international law, Implementation of the internationa...

Implementation of the international law This further leads to the issue of implementation of the international law. There are certain ways through which the international law c

Recent developments in mitigating phoenix activity, Q. Show Recent developm...

Q. Show Recent developments in mitigating phoenix activity? Since these previous works, there have been significant developments in mitigating phoenix activity. Following Tr

What is meant by ratio decidendi, Question: (a) Explian the various sta...

Question: (a) Explian the various stages that a Bill must go through before it becomes enforceable as a Law in Mauritius. (c) Mr. Vijay is the tenant of a house situated at

Distinguish between industrial and employee relations, Question 1: (i) ...

Question 1: (i) Distinguish between industrial relations and employee relations. (ii) State the environmental factors that affect employee relations. (iii) Give five r

Creditors voluntary winding up, CREDITORS' VOLUNTARY WINDING UP: If no...

CREDITORS' VOLUNTARY WINDING UP: If no declaration of solvency is made and delivered to the registrar, the liquidation process is a creditors' voluntary winding up even if i

A contract comprises od reciprocal promises, Question 1 A contract compris...

Question 1 A contract comprises od reciprocal promises. In the contract of sale who is an unpaid seller? Describe the remedies for breach of contract under Sale of Goods Act, 1930

When is an employer not vicariously liable, When is an employer not vicario...

When is an employer not vicariously liable? An employer is not vicariously liable when: a. Worker is doing something in working hours as of a personal nature. b. She or h

Practical consequences of incorporation, Practical Consequences of Incorpor...

Practical Consequences of Incorporation: In the course of delivering his judgment in Salomon's case Lord Halsbury stated that "once the company is incorporated, it must be tre

Compulsory change - change of name , Compulsory Change: Section 20(2) ...

Compulsory Change: Section 20(2) of the Act provides that within six months of registration with a particular name the registrar may direct a change in name if in his opinion

Employment relations act, QUESTION 1 Evaluate the circumstances under w...

QUESTION 1 Evaluate the circumstances under which an employer would be justified in terminating his worker's contract of employment under the Employment Rights Act QUESTION

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