Legal Question in Civil Litigation in Missouri

Ben, an accountant, certifies several audit reports on Applebee�s International, Inc., Ben�s client, knowing that Applebee�s intends to use the reports to borrow money from Delta Credit Company. Ben believes that the reports are true and does not intend to deceive Delta, but does not check the reports before certifying them. Can Ben be held liable to Delta? Fully explain your answer.


Asked on 2/10/16, 5:13 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

This sounds like a student's question. "Ben" should consult with an attorney or his malpractice insurance carrier, or both.

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Answered on 2/10/16, 5:56 pm
Mel Franke Mel G. Franke, Attorney at Law

IS THIS A TEST? The question which determines the insurer is whether Ben has the duty yo Delta Credit? If so, and he breached, then he would be liable. If no duty, then there is none to breach.

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Answered on 2/12/16, 10:37 am


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