ACCA AAA INT Syllabus B. Professional and Ethical Considerations - When are Auditors Liable to 3rd Parties? - Notes 2 / 3
A duty of care must be owed to a 3rd party - and it needs proving!
Client | 3rd party | |
Duty of care exists? | Automatic | Needs proving |
Breached? | Needs proving | Needs proving |
Loss made? | Needs proving | Needs proving |
This involves looking at:
Foreseeability of damage to the 3rd party
A relationship of "proximity" with the 3rd party
It's fair, just and reasonable to impose such a duty on the accountants
Another way of looking at this is..
The auditor acted negligently
The auditor ought to have known that 3rd parties relied upon her opinion
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
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When are Auditors Liable to their Client?
Syllabus B. Professional and Ethical Considerations
B3. Professional Liability
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The Expectation Gap
Syllabus B. Professional and Ethical Considerations
B3. Professional Liability