Professional Documents
Culture Documents
the tort of
Relevant to ACCA Qualification Paper f4 (Irl), (SCT) and (UK)
If there’s one area of the F4 Torts are legal wrongs that one party suffers at the hands of However, the House of Lords These are:
decided that a person should be like that? People have accidents to have them in contemplation
able to sue another who caused everyday – should they all be as being so affected’. This is
them loss or damage even if there able to sue each other for every a very wide (and complicated)
is no contractual relationship. little incident? If they are then definition that could include
Donoghue was given a bottle the courts would be overwhelmed almost anyone – if still in
of ginger beer by a friend, who with cases. operation today the courts
had purchased it for her. After Thankfully, in order to prove would most certainly be overrun
drinking half the contents, she negligence and claim damages, with cases.
noticed that the bottle contained a claimant has to prove a The later cases of Anns v
a decomposing snail and suffered number of elements to the court. Merton London Borough Council
nervous shock as a result. Under (1977) and Caparo Industries plc
contract law, Donoghue was v Dickman (1990) restricted the
unable to sue the manufacturer definition a little by introducing
because her friend was party to ‘proximity’ and ‘fairness’.
the contract, not her.
student accountant 12/2009
02
Studying Paper F4?
Law, regulation and compliance are integrated through appropriate performance objectives
negligence
Proximity simply means that This ‘reasonable’ standard ¤ The defendant is a professional
duty of care exists between the defendant and the claimant. The
the parties must be ‘sufficiently may be adjusted given the actual carrying on their profession.
close’ so that it is ‘reasonably circumstances of the case. If they were, then the court
foreseeable’ that one party’s For example, if the claimant will judge their actions against
In many cases brought before the courts it is evident that a
In many cases brought before the found to be negligent. that he drove cautiously. In
courts it is evident that a duty of ¤ There was some social benefit determining whether Alex’s
care exists between the defendant to the defendant’s actions. actions were reasonable, evidence
and the claimant. The real issue If there was, then the court may have to be taken from
is whether or not the actions of may consider it inappropriate witnesses and expert analysis of
the defendant were sufficient to for them to be found to have the crash may be required. For
meet their duty. To determine this, breached their duty. now, let’s assume Alex was not
the court will set the standard of ¤ The defendant’s actions had a driving reasonably.
care that they should have met. high probability of risk attached
This standard consists of the to them. If they did, then the
actions which the court considers court will expect them to show
a ‘reasonable person’ would have they took extra precautions to
taken in the circumstances. If the prevent loss or damage.
defendant failed to act reasonably ¤ There were practical issues
given their duty of care, then they that prevented reasonable
will be found to have breached it. precautions being taken, or
unreasonable cost would have
been involved in taking them.
If there were, then the court is
unlikely to expect the defendant
to have taken them in order to
meet their duty of care.
03 technical
claimant that the court decides the defendant should prove that they were
In extraordinary cases, the facts may be so overwhelmingly in favour of the
not negligent. The legal term for this is res ipsa loquitur (meaning the
Res ipsa loquitur Where there is more than Novus actus intervieniens
In extraordinary cases, the facts one possible cause of the loss Other events, which are outside
may be so overwhelmingly in or damage, the defendant will the control of the defendant, may
favour of the claimant that the only be liable if it can be proved intervene in the chain of causality
court decides the defendant that their actions are the most – adding some confusion to the
should prove that they were not likely cause. outcome of a case. The good
negligent. The legal term for this A good case which illustrates news is that there are some
is res ipsa loquitur (meaning the how the ‘but for’ test operates is simple rules to remember that
facts speak for themselves). It Barnett v Chelsea and Kensington deal with them.
applies in circumstances where HMC (1969) – another medical At all times you should bear
the cause of the injury was under case. A casualty department in mind that the defendant will
the control of the defendant doctor negligently sent a patient only be liable if their actions
and that the incident would not home – the patient died. However, are the most probable cause of
have occurred if they had taken the doctor was not found liable the loss or damage. They will
proper care. It is often applied for damages because the patient not be liable if an intervening
in medical cases, for example was suffering from arsenic act becomes the real cause.
in Mahon v Osborne (1939), a poisoning and would have died no Examples of intervening acts
surgeon had to prove it was not matter what the negligent doctor which remove liability from the
negligent to leave a swab inside could have done. defendant include:
a patient. The loss itself must not be ¤ Actions of the claimant which
‘too remote’. It is an important are unreasonable, or outside
Element 3 – Loss or damage as a principle that people should only what the defendant could have
result of the breach be liable for losses which they foreseen in the circumstances.
In this element the claimant should have reasonably foreseen ¤ Actions of a third party which
simply has to prove that the as a potential outcome of their become the real cause of the
loss or damage was a direct actions. The Wagon Mound loss or damage. The defendant
facts speak for themselves).
consequence of the defendant’s (1961) is a case often cited in is only liable for damages up
breach of duty of care. In other explanation of this principle. Oil until the point when the third
words that there is a chain of leaked out of the defendant’s party intervened.
causality from the defendant’s boat within Sydney harbour and ¤ Unforeseeable natural
actions to the claimant’s loss or came into contact with some events – natural events which
damage. A simple test, called the cotton waste which had fallen the defendant could have
‘but for’ test is applied. All the into the water. The oil was of a reasonably foreseen do not
claimant has to prove is that if particular type which would not affect things.
it were not ‘but for’ the actions foreseeably catch fire on water.
of the defendant then they However, the cotton ignited and
would not have suffered the loss this in turn set the oil ablaze
or damage. causing damage to the claimant’s
wharf. The defendants were not
found liable for fire damage as
the actual cause of the fire was
held too remote.
student accountant 12/2009
04
or what happens if they cannot remember a case name. The simple fact is that
Students are often concerned about how many cases they should quote,
students fail this exam because they do not know the law – not because
Let’s return to Harry and Alex. Volenti non fit injuria simply My advice on cases is:
It is entirely possible for the means the voluntary acceptance 1 Get to grips with the
accident to be caused by a of the risk of injury. If a principles of law first, then
third party driving into Alex, defendant can prove the claimant learn case names if you have
forcing him into Harry. It is also accepted the risk of loss or time. By learning the law
possible that Harry himself was damage, they will not be liable. you will probably find that
an intervening factor – maybe he Acceptance can be express you remember the major
was driving erratically. Either of (usually by a consent form being cases anyway.
these factors could mean that signed) or implied through the 2 Don’t try to learn every case
Alex’s breach of duty is not the claimant’s conduct. in your textbook – the majority
real cause of Harry’s injuries. are there to illustrate how the
For now, let’s assume that no Contributory negligence takes law was applied in a particular
third party is involved and that part of the blame away from the set of circumstances. Instead,
any actions Harry took are not defendant if it can be proved the go for the major ones in each
enough to take the blame for the claimant contributed in some syllabus area and learn those.
cause of the accident away from way to their loss or damage. The 3 All you need to learn is the
Alex. The court will therefore defendant is still liable, but will case name and the principle
find Alex liable for negligence face a reduced damages payout. of law it created – you do not
to Harry. need to learn and regurgitate
In Harry and Alex’s case, volenti is all the background to the case
Defences not an issue – in no way did Harry they cannot remember a case name. in the exam.
There are two defences a consent to the accident. However, 4 If you forget a case name
defendant can use where they if his actions contributed in some in the exam, don’t let this
are found liable for negligence. way to his injuries, maybe by not stop you from explaining the
One will exonerate them wearing a seatbelt, then he may principle of law, just write ‘In a
completely; the other reduces find the amount of damages he case it was decided that…’
the level of damages they are receives is reduced. and continue with the principle.
liable for.
Use of cases in exam answers As an example, consider
Finally, a brief word about using this article – only six cases
cases in exam answers. Students were mentioned. See if you can
are often concerned about how remember their names.
many cases they should quote,
or what happens if they cannot Stephen Osborne is a technical
remember a case name. The author at BPP Learning Media
simple fact is that students fail
this exam because they do not
know the law – not because they
cannot remember a case name.
01 technical
approaching
questions: Relevant to ACCA Qualification Paper F5
It is not uncommon to see One of the reasons why I think Another reason why problems
The purpose of this article is to identify the reasons
students recoil in horror at the problem arises is because the arise is because candidates do
the mention of Paper F5, Skills papers, of which Paper F5 not take the time to understand
Performance Management. The is one, are often the first time the differences between Paper
why sitting the Paper F5 exam seems to cause such
purpose of this article is to that students have had to tackle F2 and Paper F5. Some subject
identify the reasons why sitting written questions. No longer is it areas are obviously included in
the Paper F5 exam seems sufficient to simply learn material both syllabuses, but you can
to cause such a problem for and churn out calculations. With be sure that where subjects are
a problem for students and try and improve
students and try and improve the Knowledge papers, ability repeated in Paper F5, the skills
performance in the future. to write clearly and set out required of you are over and
As you are aware, Paper F5 workings logically and neatly above the knowledge required
builds on the blocks of knowledge is not required; the papers are in Paper F2. (Read the January
gained from sitting the Paper F2 in the form of sets of objective 2010 issue of Student Accountant
exam. Although the pass rates for test questions. Instead, the skills to read an article explaining the
Paper F2 tend to be on the low involved become fourfold, with differences between Papers F2
side when compared with some candidates being required to do and F5.)
of the other Knowledge papers, all of the following: I am going to concentrate on
they are still significantly higher ¤ correctly interpret requirements a brief step by step approach
than the Paper F5 pass rates. ¤ actively read sometimes to the exam on the day and then
performance in the future.
written
reading time. This should be spent by quickly allocating your 180 minutes
The Paper F5 exam, as with all three-hour exams, starts with 15 minutes of
paper F5
distinct areas of the syllabus and ignore the rest. Study ALL of the Paper F5
candidates’ knowledge as students would then simply be able to learn
ANSWERING If exam papers were predictable, they would not be a true test of ‘Estimate’ If exam papers were this
NUMERICAL QUESTIONS If a question asks you to predictable, they would not
‘Calculate’ and ‘derive’ ‘estimate’ a figure it suggests be a true test of candidates’
Some instructions are easier that the answer cannot be knowledge as students would
to understand than others. calculated with certainty. For then simply be able to learn
For example, there can be no example, if you are asked to distinct areas of the syllabus
confusion as to what the word estimate the time taken to and ignore the rest. Study all
syllabus or you are not giving yourself a real chance.
‘calculate’ means; if you are produce a batch of items where of the Paper F5 syllabus or
asked to calculate a number, an 80% learning curve has been you are not giving yourself a
you just have to work it out. shown to exist, you are making real chance.
Similarly, ‘derive’ should pose an estimate rather than an exact The other reason why
little problem. In the context calculation. This is due to the candidates score poorly on
of Paper F5, you might have fact that the learning rate itself numerical questions is because
to derive an equation showing reflects what a business THINKS they approach the question in
the relationship between price will happen but it is not certain a disorganised fashion, with
and quantity or derive a target until it has happened. Once no logical progression through
cost for a product. Being able again, however, as with a ‘derive’ the calculations and no clear,
to ‘derive’ a figure sometimes instruction, the mechanics of numbered workings. You
requires more than simply being ‘estimating’ are much the same should go into the exam with
able to calculate a figure, as as ‘calculating’. There is a set a metaphorical management
a candidate may have to use approach to the question (tabular accounting toolbox, full of
their powers of deduction to or algebraic, in the case of all the tools that are going to
derive something. However, learning curves). help you answer the questions.
the mechanics of ‘deriving’ or Why, then, do candidates So, for example, if it is a
‘calculating’ would actually be often still perform poorly on the linear programming question,
very similar in most cases. numerical parts of the Paper go in your toolbox and pull
F5 exam paper? In my opinion, out your five-step guide for
poor numerical answers often linear programming:
arise merely as a result of ¤ define the variables
candidates failing to study the ¤ state the objective function
whole syllabus well enough in the ¤ state the constraints
first place. Anyone who thinks ¤ draw the graph
they can question spot exam ¤ find the solution.
questions for a particular sitting,
based on topics that have been To give another example, if it
examined or not examined in is a pricing question that can
recent papers, is sadly mistaken. be solved algebraically, pull
Certain publications publish ‘top your pricing tool out of your
tips’ which should most certainly management accounting toolbox
be ignored. and follow your five-step guide:
student accountant 12/2009
04
Studying Paper F5?
manner are a big issue in Paper F5. often, candidates appear unable to grasp Performance objectives 12, 13 and 14 are linked
Requirements that necessitate candidates writing in a coherent, organised
hard paper, just one where students need to work hard to gain knowledge.
writing and understanding of ‘instructions’ within requirements that was not
essential for Paper F2. Contrary to popular belief, it is not a disproportionately
the step up from Paper F2 to F5 is a big one, with a sudden need for clarity of
Identify The opinions you give in Justify
This means to pinpoint and any discussion must be sound With this requirement, you need
list. It can be quite a simple and well reasoned. It is no to tell the reader why a particular
requirement, requiring knowledge good saying that variances are answer or position makes sense.
rather than skill. For example, demotivational without explaining For example, if you had to justify
in the Study Guide, it states why. Also, you are expected to the use of backflush accounting
that candidates must be able look at both sides of the story. within an organisation, you would
to ‘identify and explain the The ‘discuss’ instruction is have to mention the relative
interrelationship between always a good test of candidates immateriality of inventory
price, mix and yield’. This real understanding. balances, presuming this was
simply requires candidates to in fact the case (otherwise you
understand what the relationship Explain would struggle to justify the use
is and then state it and explain This means that you need to of backflush accounting in the
it. Sometimes, however, give a reason for something; first place).
candidates may have to identify say why it is as it is rather than
points from within a question just stating that it is. It is a CONCLUSION
scenario, and this can be a more very common requirement and To conclude, the step up from
demanding requirement because appears many times in the Study Paper F2 to F5 is a big one, with a
it requires more skill. Guide. It requires understanding sudden need for clarity of writing
as well as knowledge. and understanding of ‘instructions’
Discuss within requirements that was not
This is a higher level skill and Evaluate essential for Paper F2. Contrary
requires a candidate to give This requirement would not to popular belief, it is not a
their own thoughts on a subject, be expected to arise much in disproportionately hard paper.
supporting it with facts and Paper F5. Most of the evaluation It does require students to work
logical reasoning. work is reserved for Paper P5. hard in order to gain knowledge of
For example, you could be If you are asked to evaluate areas that they have not practised.
asked to discuss the effect something, you are being asked All written papers require the
that variances have on staff to decide on the merits of it. It is organised approach set out above,
motivation. You would need to most definitely a higher level skill. whereby you underline the content
discuss the fact that they can and instruction of all requirements
be demotivational, for example, Suggest at the beginning of each question.
if they lead to managers being The use of the word ‘suggest’ Keep referring back to them,
assessed for cost increases that itself suggests that there may particularly on wordy questions, to
were beyond their control. The be more than one answer to the make sure that you are not going
material price variance may question being asked. It means off on a tangent. And remember,
be adverse but this could be give a suitable idea or solution, practice makes perfect. Keep
because the market price for bearing in mind that there will practising past questions until
materials increased. This will be probably be more than one. For your approach and layout becomes
demotivational unless the price example, you might be asked to second nature, leaving you with
variance is broken down into its suggest how a target cost gap plenty of time to think about the
controllable and uncontrollable can be closed. Your answer could issues in the question.
aspects, ie planning and only ever be a suggestion as there
operational variances will be many possible ways to Ann Irons is examiner for
are calculated. close a cost gap. Paper F5
01 technical
the use of
comparisons in RELEVANT to ACCA QUAlification paper F8
In the Paper F8 exam you may be asked to You should not write this out in the answer as this
interpret the key ratios used in analytical procedures at
compute and interpret the key ratios used in will waste time and will not gain you marks, but
In the Paper F8 exam you may be asked to compute and
analytical procedures at both the audit planning the five classes of question should always be at the
stage and when collecting audit evidence. Ratios back of your mind.
and comparisons can be used to identify where the There is a huge variety of businesses and
accounts might be wrong, and where additional this diversity will be reflected in their financial
auditing effort should be spent. statements. To judge whether a figure or ratio
Calculating a ratio is easy, and usually is little is worth investigating, it is absolutely necessary
more than dividing one number by another. Indeed, to compare it to its equivalent in either the
the calculations are so basic that they can be same company in the previous period, or other
programmed into a spreadsheet. The real skill companies in the same industry. Comparisons
comes in interpreting the results and using that provide benchmarks.
information to carry out a better audit. Saying To look at some of the techniques and
that a ratio has increased because the top line interpretations, we will use the financial statements
in the calculation has increased (or the bottom of Ocset Co, shown on page 7.
line decreased) is rather pointless: this is simply
translating the calculation into words. Use the COMPARISON OF TWO CONSECUTIVE YEARS
mnemonic RATIO to remind yourself to keep asking Perhaps the first thing to do is simply to compare
the following questions: the two sets of financial statements. Here we have
¤ Reason – why has this change occurred? results from 2009 and 2008. Look down the figures,
¤ Accident – is the change real or simply an comparing like with like, and see what queries or
accident of timing? hypotheses you might be able to generate. The
¤ Test – what can be done to test our conclusions? mnemonic RATIO will be used formally for the first
What other work should we do? comparison. Here are some first thoughts:
¤ Implications – what does this change mean?
Liquidity crisis? Poor management etc? Non-current Substantial increase in goodwill.
¤ Other information – is this consistent with assets: intangible Reason: acquisition? Is it real or
other information? an accident of timing? How can the
amount be checked, verified, and
audit evidence.
ratios and
auditing
Non-current Substantial increase. Some might Revenue Very substantial increase
Trade payables About a 15–20% increase. Why? indicate poor cost control.
Large compared to receivables Tax Fairly consistent.
and cash. Compare to cost of
sales later. How can we verify If you were now told that the financial statements
these liabilities? are modelled on a supermarket business, then
Short-term Doubled, but could be brought you might be able to make more sense of some
borrowings back to 2008 levels by using of the figures – particularly the net current
some of the cash. Why have cash liabilities. Supermarkets have low receivables and
and an overdraft at the same time? low inventory (much of it is perishable) yet can
Current (Current assets less current squeeze their suppliers hard. They can, therefore,
assets compared liabilities.) About the same both survive well on large trade payables, confident that
to liabilities years. Alarmingly, both years inventory will steadily turn into cash. However, now
show net current liabilities. that we know we are dealing with a supermarket, we
However, the business has should be interested in why they have substantial
survived a year like this. receivables at all.
Share capital No material change.
Retained earnings Increased, presumably by RATIO ANALYSIS
retained profit. Ratio analysis is useful because it allows you to
Long-term Substantial increase. Presumably, see if two figures have moved consistently with one
liabilities this is a major source of funding another. You should be concerned if they haven’t.
for non-current assets. Expect an There are three main groups of ratios:
increase in financing costs. Need profitability, liquidity, and risk.
to verify that the liabilities are
indeed long-term.
03 technical
It is important to realise that roce is the first ratio we have calculated that
makes use of a balance sheet figure. Balance sheet figures are taken at only
Profitability ratios
one point in time, and this can lead to distortions in the ratios.
2009 2008
Gross profit percentage Gross profit x 100 4,218 x 100 = 7.8% 3,230 x 100 = 6.8%
Sales revenue 54,327 47,198
Net profit percentage Operating profit x 100 3,206 x 100 = 5.9% 2,450 x 100 = 5.2%
Sales revenue 54,327 47,198
Operating expenses Operating expenses x 100 1,012 x 100 = 1.86% 780 x 100 = 1.65%
to sales Sales 54,327 47,198
These theories need to be tested. There might be other implications too. If management hopes to reduce
operating expenses, are they, for example, planning warehouse closures and redundancies? Is some sort of
provision needed?
Return on capital Operating profit x 100 3,206 x 100 = 11.8% 2,450 x 100 = 12.0%
employed (ROCE) Capital employed 27,165 20,417
Comments on ROCE (capital employed is the total equity plus long-term borrowing)
It is important to realise that this is the first ratio we have calculated that makes use of a figure from
the statement of financial position. Such figures are taken at only one point in time, and this can lead to
distortions in the ratios. Changes might be little more than accidents of timing. Compare a company where
capital was raised and an expansion took place in the first month of the period, to one where this happened
student accountant 12/2009
04
in the last month of the year. The final capital of both companies will include the additional finance, but
and cash. A quick ratio of less than one is often worrying, but
only the first company is likely to enjoy a significant increase in its operating profit. The second company’s
2009 2008
Asset turnover Sales revenue x 100 54,327 = 2.0 47,198 = 2.3
Capital employed 27,165 20,417
Note: ROCE = Net profit% x Asset turnover 11.8% = 5.9% x 2.0 12.0 = 5.2% x 2.3
LIQUIDITY RATIOS
2009 2008
Current ratio Current assets 9,209 = 0.73 5,889 = 0.63
Current liabilities 12,582 9,362
Quick (or acid Current assets (minus inventory) 9,209 – 2,669 = 0.52 5,889 – 2,430 = 0.37
test) ratio Current liabilities 12,582 9,362
Comments on the quick ratio
The quick ratio is useful when inventory is turned over slowly, as the payment of current liabilities will
depend on receivables and cash. A quick ratio of less than one is often worrying, but it again depends on
the business and comparatives. Here, the quick ratio is much more generous on the 2009 statement of
financial position than on the 2008 one. Why? Has interest income increased too?
05 technical
much better if sales could be split into cash and credit sales and the true
In a supermarket, most sales are for cash, and comparing receivables to
sales that have no impact on receivables is rather pointless. It would be
Receivable Receivables 1,798 = 12 1,311 = 10
collection period Sales/day 54,327/365 47,198/365
We should check other information too. For example, if customers are taking longer to pay (or a credit card
is offered), is the company earning interest on the balances? A receivables circularisation will be important
to test the accuracy of the receivables figure.
Risk ratios
2009 2008
The gearing ratio Long-term loan finance x 100 14,170 x 100 = 109% 8,602 x 100 = 73%
Equity finance 12,995 11,815
Interest cover Operating profit before interest 3,206 = 6.7 2,450 = 9.8
Interest 478 250
CONCLUSION
Ratio analysis and comparison are invaluable tools which help auditors understand what might have happened
in a business. However, the initial calculation of ratios and percentage changes is easy and mechanical. The real
skill comes in interpreting the results, and nearly always the results should give rise to more queries than they
answer. Turn the page for the Ocset Co statment of financial position and statement of comprehensive income.
NUMbER bY ANOThER. INdEEd, ThE CAlCUlATIONS ARE SO bASIC ThAT ThEY CAN bE
TAblE 1: OCSET CO STATEMENT OF FINANCIAl POSITION
CAlCUlATINg A RATIO IS EASY, ANd USUAllY IS lITTlE MORE ThAN dIVIdINg ONE
Assets
Non-current assets
Intangible – goodwill 4,027 2,336
Tangible 26,511 21,554
Current liabilities
Trade payables 8,522 7,277
Short-term borrowings 4,060 2,085
Total current liabilites 12,582 9,362
FOCUS ON per
po 14: monitor And control budgets
Once budgets have been users in plain language that ¤ Who is involved and to what
FOCUS ON per
po 13: contriBute to Budget planning and production
impact of those forecasts. Once and allowing for sensitivity to incorrect sales budgets
budgets have been agreed, they’ll to sudden or unexpectedly result in falling revenues being
need to be communicated with dramatic changes. masked or cash positions being
stakeholders, from colleagues artificially inflated.
tracking sales revenues to The next step is to answer ¤ How might confidence in you
department heads who authorise the challenge questions for and your team be impacted if
expenditure. And when the this objective in the trainee budgets are ill-prepared? For
accounting period is underway, the development matrix (TDM): instance, if department heads
budgets will need to be kept under ¤ Describe how you have been observe budgetary constraints,
review, where necessary updating involved in budget planning and only to discover they were
or adjusting in the context of production. working under false pretences,
changes to the organisation or the ¤ How do your budgeting how would that affect their
markets in which it operates. responsibilities follow on from willingness to cooperate in
You’ll need to call on your others? What happens to the future, especially if an indirect
knowledge and understanding of work you produce? result was a fall in sales and/or
performance measurement and ¤ Who must you communicate individual sales commissions?
management accounting skills with, and what information
to identify, describe, calculate must you convey? What data Performance objective 13 is
and forecast business costs and must you use, where do you get linked to Paper F2, Management
revenues and their behaviour, this from? Accounting, Paper F5,
and to plan, monitor, and Performance Management,
control the use of business and and Paper P5, Advanced
financial resources. Performance Management.