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Accountants are not subject to prosecution under Bill C-22, known informally as the "proceeds of crime" legislation.

A) True
B) False

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In a common law action against accountant all that a plaintiff must prove is that the accountant was negligent, grossly negligent, fraudulent, or otherwise responsible for the damages claimed.

A) True
B) False

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In the Lac Minerals v.Corona Resources, which was one of the three factors to consider in determining if a fiduciary duty exists?


A) A contract relationship exists between an accountant acting as a fiduciary and a client.
B) An accountant acting as fiduciary owed a duty of care to the client.
C) An accountant acting as fiduciary has scope for the exercise of some discretion or power.
D) An accountant acting as fiduciary is required to issue a report.

E) A) and B)
F) All of the above

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Auditors are increasingly obligated to report illegal acts to third parties outside the company in which they occurred.

A) True
B) False

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The Securities and Exchange Commission in the U.S.will hold a negligent auditor liable under common law.

A) True
B) False

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While conducting an audit, Larson & Larson Chartered Accountants failed to detect a material misstatement in its client's financial statements.Larson's unqualified opinion was included with the financial statements in a prospectus for a public offering of securities made by the client.Larson knew that its opinion and the financial statements would be used for this purpose.Which of the following statements is correct with regard to a suit against Larson and the client by a purchaser of the securities?


A) The purchaser must prove that Larson was negligent in conducting the audit.
B) The purchaser must prove that Larson knew of the material misstatements.
C) Larson will not be liable if they had reasonable grounds to believe the financial statements were accurate.
D) Larson will be liable unless the purchaser did not rely on the financial statements.

E) None of the above
F) A) and B)

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Who would be considered a reasonably foreseeable third party for an auditor?

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A reasonably foreseeable third party wou...

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Beckler & Associates CAs issued an unqualified opinion on the financial statements of Queen Ltd.The financial statements contained misstatements that resulted in a material overstatement of Queen's net worth.Queen provided the audited financial statements to Mac Bank in connection with a loan made by Mac to Queen.Beckler knew that the financial statements would be provided to Mac.Queen defaulted on the loan.Mac sued Beckler to recover the losses associated with Queen's default.Which of the following must Mac prove in order to recover? I.Beckler was negligent in conducting the audit. II.Mac relied on the financial statements.


A) I only.
B) II only.
C) Both I and II.
D) Neither I nor II.

E) B) and D)
F) B) and C)

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Foreseeable third parties are best described as


A) Management of the company.
B) Those that have direct involvement through a contract.
C) Those third parties who will rely on the audit and are specifically known by the auditor.
D) Those third parties who potentially will rely on the audit but are not specifically known by the auditor.

E) A) and B)
F) A) and C)

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D

In a common law action against an accountant, lack of privity is a viable defence if the plaintiff


A) Is the client's creditor who sues the accountant for negligence.
B) Can prove the presence of gross negligence that amounts to a reckless disregard for the truth.
C) Is the accountant's client.
D) Bases the action upon fraud.

E) B) and D)
F) All of the above

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When an auditor is found guilty of a fraudulent misrepresentation there is liability owed to


A) Third parties with privity and contracted parties.
B) Any party that suffered a loss.
C) Shareholders only.
D) All parties with privity.

E) All of the above
F) B) and C)

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Which of the following is not an element of a successful negligence action against auditors?


A) There must be proof that damage resulted.
B) The plaintiff must be a known user of the financial statements.
C) There must be a legal duty of care to the plaintiff.
D) There must be a reasonable connection between the breach of duty of care and resulting losses.

E) B) and C)
F) A) and C)

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Under the common law, in a law suit concerning auditor liability, the primary beneficiary is


A) The recipient of funds when someone dies.
B) A party for whose benefit the audit or service is being performed.
C) The client.
D) The shareholders of the company.

E) All of the above
F) C) and D)

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A breach of contract suit is a claim that could be brought by a client against an accountant that accounting services were not performed in the manner agreed upon.

A) True
B) False

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A CA may be liable to any purchaser of a security if the CA issued a clean opinion on materially misstated financial statements.CA usually will not be liable to the purchaser


A) If the purchaser is guilty of contributory negligence.
B) If the CA can prove due care in the audit.
C) Unless the purchaser can prove privity with the CA.
D) Unless the purchaser can prove scienter on the part of the CA.

E) A) and C)
F) A) and D)

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Third-party plaintiffs bringing action under common law need not prove


A) They were damaged or suffered a loss.
B) Reliance on the financial statements.
C) The financial statements were direct cause of loss.
D) Breach of contract.

E) All of the above
F) B) and D)

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D

Accountants can be liable for civil damages and criminal penalties for failure to perform professional services properly.

A) True
B) False

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True

Negligence is the failure to perform a duty with the requisite standard of care.What are the four elements of negligence and what would be an auditor's defense against them?

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There existed a legal duty of care to th...

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Under common law the plaintiff in a tort action against an accountant must prove that the accountant was negligent, grossly negligent, fraudulent, or otherwise responsible for the damages claimed.

A) True
B) False

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An important case that limits the auditor's liability to those third parties of which the auditor had knowledge was


A) Dupuis v.Pan American Mines.
B) Hedley Byrne & Co.Ltd.V.Heller & Partners Ltd.
C) Caparo Industries PLC v.Pickman et al.
D) Haig v.Bamford et al.

E) B) and C)
F) C) and D)

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