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Auditor Responsibility

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Submitted By Haeyeon
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QUESTION THREE :

Under auditor’s legal liability, there were divided into four sources which is liability to clients, liability of third parties under common law, liability to third parties under the federal securities laws, and criminal liability. By refering to the Danial & Associates cases, ABC Bank has no right any legal implication to Danial & Associates because the firm can defense when there are legal claims. Danial & Associates can defense themselves by issuing about the lack of duty to perform. It is because the firm can claim that there wa no implied or expressed contract. For example, based on 1136 Tenants case where the engangement letter between the clients and firm should stated clearly about the audit works.
Next, the firm can defense themselve by refering to the nonnegligent performance where auditor can claim that the audit was performance in accordance with auditing standards. Even if there were undiscovered misstatement, the auditor is not responsible if the audit was conducted properly.
Contributory Negligence is a defense way where clients own actions that resulted any loss, damages and interfered with the conduct of the audit in such a way that prevented auditor from discovering the cause of the loss.
Based on cases, Ultramares Corporation v. Touche (1931) , the third parties relied on the audited financial report which lead to fraudulent created by the client. The Ultramares Corporation suffered the loss because of the fraudulent mispresentation by accountants . The court stated that the accountants are not liable to third parties for honest blunders beyond the bounds of the original contract unless they were primary beneficiaries. These called as Ultramares doctorine. Back to Danial & Association cases, the ABC Bank could not blame the firm cause the fraud may occured beyond auditor

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