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

Capital allowances vs. depreciation, Capital allowances vs. Depreciation ...

Capital allowances vs. Depreciation Whether the client can prove such they will keep the existing levels of investment in original terms, then there may be justification to ac

Auditors procedures - audit process, Auditors Procedures - Audit Process ...

Auditors Procedures - Audit Process The relevant authority on post balance sheet events is ISA. The preparation of loss and profit account and balance sheet will forever inclu

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

Internal control, Ask question #MA. Evaluate the strengths and weaknesses o...

Ask question #MA. Evaluate the strengths and weaknesses of preview Company''s control environment B. What factors in Preview company''s control environment have led to and facilit

Profesional ethic, Ask quesThe following situations involve a possible viol...

Ask quesThe 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 Co

Audit report, impact on audit report of going concern

impact on audit report of going concern

Types of audits, Types of audits So far we have tended to think in term...

Types of audits So far we have tended to think in terms of the audit of limited companies, and indeed, the emphasis throughout this text will be on such companies incorporated

Sundry debtors and loans, Sundry Debtors and Loans Sundry debtors and ...

Sundry Debtors and Loans Sundry debtors and loans are not generally material assets of companies another than those companies whose business is to create loans.  We shall cons

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