When are Auditors Liable to 3rd Parties? 2 / 3

A duty of care must be owed to a 3rd party - and it needs proving!

Client3rd party
Duty of care exists?AutomaticNeeds proving
Breached?Needs provingNeeds proving
Loss made?Needs provingNeeds proving

This involves looking at:

  1. Foreseeability of damage to the 3rd party

  2. A relationship of "proximity" with the 3rd party

  3. It's fair, just and reasonable to impose such a duty on the accountants

Another way of looking at this is..

  1. The auditor acted negligently

  2. The auditor ought to have known that 3rd parties relied upon her opinion

  3. The 3rd party suffered financial loss as a result

CONSEQUENCES

  • A shareholder stands no different from any other investing member of the public to whom the auditor owes no duty

  • Shareholders are seen as a class, the auditor reports to the class and not to assist individuals

Audio Player
Current time00:00
00:00
Total duration00:00
Use Up/Down Arrow keys to increase or decrease volume.

We use cookies to help make our website better. We'll assume you're OK with this if you continue. You can change your Cookie Settings any time.

Cookie SettingsAccept