Chapter 4 Flashcards
Breach of contract
Failure of one or both parties to a contract to perform in accordance with the contract’s provisions. A public accounting firm might be sued for breach of contract, for example, if the firm failed to perform the engagement in accordance with the engagement letter. Negligence on the part of the CPAs also constitutes breach of contract.
Common law
Unwritten law that has developed through court decisions; it represents judicial interpretation of a society’s concept of fairness. For example, the right to sue a person for fraud is a common law right.
Comparative negligence
A concept used by certain courts to allocate damages between negligent parties based on the degree to which each party is at fault. The allocation of damages is referred to as proportionate liability.
Compilation of financial statements
The preparation of financial statements by CPAs based on representations of management, with the expression of no assurance concerning the statements’ compliance with generally accepted accounting principles.
Constructive fraud
Performing duties with such recklessness that persons believing the duties to have been completed carefully are being misled. It differs from fraud in that constructive fraud does not involve knowledge of misrepresentations within the financial statements.
Contributory negligence
Negligence on the part of the plaintiff that has contributed to his or her having incurred a loss. Contributory negligence may be used as a defense, because the court may limit or bar recovery by a plaintiff whose own negligence contributed to the loss.
Credit Alliance Corp. v. Arthur Andersen & Co.
A common law decision by the New York Court of Appeals (New York’s highest court) stating that auditors must demonstrate knowledge of reliance on the financial statements by a third party for a particular purpose to be held liable for ordinary negligence to that party. Basically, this case upheld the Ultramares v. Touche & Co. rule.
Defendant
The party against which damages and suit are brought by the plaintiff.
Due diligence
A public accounting firm’s contention that its audit work was adequate to support its opinion on financial statements included in a registration statement filed with the SEC under the Securities Act of 1933.
Engagement letter
A written contract summarizing the contractual relationship between the CPAs and the client. The engagement letter typically specifies the scope of professional services to be rendered, expected completion dates, and the basis for determination of the CPAs’ fee. Engagement letters are discussed more fully in
Ernst & Ernst v. Hochfelder
A landmark case in which the U.S. Supreme Court decided that auditors could not be held liable under the Securities Exchange Act of 1934 for ordinary negligence.
Error
An unintentional misstatement of financial statements or omission of an amount or a disclosure.
Fraud
Misrepresentation by a person of a material fact, known by that person to be untrue or made with reckless indifference as to whether the fact is true, with intent to deceive and with the result that another party is injured.
Gross negligence
Lack of even slight care, indicative of a reckless disregard for one’s professional responsibilities. Substantial failures on the part of an auditor to comply with generally accepted auditing standards might be interpreted as gross negligence.
Joint and several liability
A legal concept that holds a class of defendants jointly responsible for losses attributed to the class as well as liable for any share of losses that cannot be collected from those unable to pay their share. Thus, a financially responsible defendant may be required to pay losses attributed to defendants that do not have the ability to pay.