EBK AUDITING: A RISK BASED-APPROACH
11th Edition
ISBN: 9781337670203
Author: RITTENBERG
Publisher: YUZU
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Chapter 4, Problem 11CYBK
To determine
Concept introduction:
Breach of contract:
Breach of contract is a legal term used in contract law. Breach of contract refers to the situation when any party of the contract fails to fulfill his part of the obligation as decided in the contract.
To choose: The correct option.
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which of the following is true?
a.When what is to be delivered is a generic thing, the creditor may ask a person other than the debtor to perform the obligation.
b.Dolo incidente relates to the fraud committed at the time of the perfection of a contract.
c.When negligence is imputed as a cause for the breach in an obligation, the same is presumed.
TRUE or FALSE
1. Statute of Fraud requires that certain executed contracts must be reduced into writing to prevent the commission of fraud.
2. Annulment of the contract is the proper remedy if the contract does not reflect the real intention of the parties and the element of the consent is already present.
3. Automatic transfer of ownership from the creditor to the debtor which is prohibited by law is also known as pactum commissorium.
4. Stipulation pour autrui applies only to executory contracts.
5. Mutual promise to marry which was reduced into writing is enforceable.
6. As a rule, a contract entered into by a guardian on behalf of a minor is rescissible.
Explain the role of Anticipatory Breach of Contract in non-performance of contract. Briefly state and analyze the provisions of Contract Act dealing with Anticipatory Breach of Contract. Support your answer with suitable case study/ case scenario.
Chapter 4 Solutions
EBK AUDITING: A RISK BASED-APPROACH
Ch. 4 - Prob. 1CYBKCh. 4 - Prob. 2CYBKCh. 4 - Prob. 3CYBKCh. 4 - Prob. 4CYBKCh. 4 - Prob. 5CYBKCh. 4 - Prob. 6CYBKCh. 4 - Prob. 7CYBKCh. 4 - Prob. 8CYBKCh. 4 - Prob. 9CYBKCh. 4 - Prob. 10CYBK
Ch. 4 - Prob. 11CYBKCh. 4 - Prob. 12CYBKCh. 4 - Prob. 1RQSCCh. 4 - Prob. 2RQSCCh. 4 - Prob. 3RQSCCh. 4 - Prob. 4RQSCCh. 4 - Prob. 5RQSCCh. 4 - Prob. 6RQSCCh. 4 - Refer to the Focus on Fraud feature “Moss Adams...Ch. 4 - Prob. 8RQSCCh. 4 - Prob. 9RQSCCh. 4 - Prob. 10RQSCCh. 4 - Prob. 11RQSCCh. 4 - Prob. 12RQSCCh. 4 - Prob. 13RQSCCh. 4 - Prob. 14RQSCCh. 4 - Prob. 15RQSCCh. 4 - Prob. 16RQSCCh. 4 - Prob. 17RQSCCh. 4 - Prob. 18RQSCCh. 4 - Prob. 19RQSCCh. 4 - Prob. 20RQSCCh. 4 - Prob. 21RQSCCh. 4 - Able Corporation decided to make a public offering...Ch. 4 - KPMG (LO 1, 2, 3) KPMG LLP served as the external...Ch. 4 - ToshIba, EY (LO 1, 2, 3) In 2015, the business...
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Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, accounting and related others by exploring similar questions and additional content below.Similar questions
- a.) Identify the purposes or applications of the Statute of Frauds.A purpose of the Statute of Frauds is to ensure that contracts formed for fraudulent purposes are preserved in writingb.)outline the penalties for committing fraud in certain kinds of contractsc.)enforce the full execution of oral contractsd.)prevent one party from falsely claiming that a contract was formed in certain areas of exchangearrow_forwardGenerally, the auditor could be legally liable under? Select one: a. contract law but not under the tort of negligence to third parties b. the tort of negligence to the client and contract law c. the tort of negligence but not contract law to the client d. contract law to third parties and to the clientarrow_forwardsubject accounting :- QUESTION 1 With reference to statutory provisions and decided cases, define "consideration" and explain THREE (3) types of consideration. QUESTION 2 An agreement is voidable if there is misrepresentation or fraud which induces the innocent party to enter into the agreement. With reference to statutory provisions and decided cases, explain the above statement.arrow_forward
- If either party fails to perform their contractual obligations according to the contract terms, it will usually result in a breach of contract. The scope and nature of an auditor's contractual obligation to a client ordinarily is established in the: Select one: a. Corporations Act 2001. b. Management letter. c. Client’s constitution. d. Engagement letter.arrow_forwardWhich type of agent is not liable for a breach of contract by his principal: a. undisclosed agent b. partially disclosed agent c. fully disclosed agent d. all of the abovearrow_forward3.An important development in the area of breach of contract by an auditor is contributory negligence.Required:Define contributory negligence. Discuss the concept of contributory negligence as it applies to auditing using the example of the AWA case.arrow_forward
- Individuals who believe they relied on misstated financial statements to make a decision andhave suffered losses as a result will issue an action known as aa. Breach of contract.b. Tort.c. Securities litigation.d. Constructive fraud.arrow_forwardWhat is the knowing misrepresentation of the truth in order to trick someone into entering into a contract? Fraud O Duress O Embezziement Mistakearrow_forwardCulpa aquiliana as distinguished from culpa contractual: Proof of due diligence in the selection and supervision of employees is not considered a defense. Proof of the contract and its breach is sufficient to warrant recovery. The negligence of the defendant is only an incident in the performance of the obligation. The source of liability is the negligent act of the person causing damage to another.arrow_forward
- 4. Which of the following is true of a contingent liability? OIt is a potential liability that depends on a future event. OIt is an actual liability that is difficult to estimate. OIt is an actual liability that depends on a past event. OIt is a court-imposed liability based on an officer's fraud as decided in a completed lawsuit.arrow_forwardIf the agency relationship is undisclosed, the agent is liable to the third party if they fail to perform. T/Farrow_forwardWhich of the following is an INCORRECT statement regarding a fully disclosed agency? OA. A fully disclosed principal is liable on a contract with the third party. OB. In a fully disclosed agency, the agent's signature must clearly indicate that he or she is acting as an agent for a specifically identifie OC. In a fully disclosed agency, the agent is not liable on the contract with the third party. OD. In a fully disclosed agency, the contract is between the agent and the third party. OE. In a fully disclosed agency, the third party typically relied on the principal's credit and reputation when the contract was made.arrow_forward
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