Common Law Liabilitiy to clients Flashcards
A CPA can be liable to the client for negligence if
CPA failed to exercise due care (to the level and skill of a normal accountant)
A CPA’s defense to neglegance is that he did not
Violate GAAP or GAAS performing the audit
Lawsuits filed by clients for negligence
are filed under common law
Elements for Constructive Fraud
Misrepresentation
Reckless disregard for the truth
Reliance
Damages
An oral contract for an Audit
is still enforceable without a signed engagement letter
The client’s responsibility is to
prepare the financial statements according to GAAP
A CPA that does not detect fraud
is normally not held liable to the client unless
1) A normal Audit would have detected it
2) agreement that CPA would take greater responsibility
3) wording by audit report indicates greater responsibility
In reviewing Financial statements
GAAS does not need to be followed
What does not necessarily need to be proven in a Constructive fraud case
Scienter