In a common law action against an accountant, lack of privity is a viable defense ifthe plaintiff(1) is the client’s creditor who sues the accountant for negligence.(2) can prove the presence of gross negligence that amounts to a reckless disregardfor the truth.(3) is the accountant’s client.(4) bases the action upon fraud.

Auditing: A Risk Based-Approach (MindTap Course List)
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Chapter4: Professional Legal Liability
Section: Chapter Questions
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In a common law action against an accountant, lack of privity is a viable defense if
the plaintiff
(1) is the client’s creditor who sues the accountant for negligence.
(2) can prove the presence of gross negligence that amounts to a reckless disregard
for the truth.
(3) is the accountant’s client.
(4) bases the action upon fraud.

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