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Despite a professional's breach of contract, the non-breaching client cannot obtain, as damages, the cost of penalties for failing to meet deadlines.

A) True
B) False

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In most states, an attorney may be liable for negligence to a non-client who the attorney knows or reasonably should know will rely on the attorney's opinion.

A) True
B) False

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Reliant Inc. files a suit against Saul, an accountant, under the antifraud provisions of the Securities Exchange Act of 1934 and Rule 10b-5 of the Securities and Exchange Commission. To succeed, Reliant must show that Saul


A) acted with scienter .
B) bought or sold a security.
C) is incompetent.
D) knows nothing about securities .

E) All of the above
F) A) and B)

Correct Answer

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Sims, an accountant, prepares for Taco Corporation a financial statement that omits a material fact. The financial statement is included in Taco's registration statement, which Uri reads. Uri buys Taco stock. Under Section 11 of the Securities Act of 1933, for Sims to be liable for the omission, Uri must show that he


A) relied on the omission.
B) suffered a loss on the stock.
C) knew about the omission before making the purchase.
D) is a sophisticated investor.

E) A) and C)
F) None of the above

Correct Answer

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Leisure Inc.'s accountant is Mel and the firm's attorney is Nola. All states protect, as privileged information, Leisure's communications with


A) Mel and Nola.
B) Mel only.
C) Nola only.
D) none of the choices.

E) A) and B)
F) All of the above

Correct Answer

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In some states, in the absence of privity, or a similarly close relationship, a party cannot recover from an accountant for negligence.

A) True
B) False

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Because of the potential for significant losses to sellers and buyers, under both of the federal securities acts liability is imposed on accountants for all acts of negligence, including "mere" negligence.

A) True
B) False

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An accountant who fails to discover every impropriety in a client's books is liable to the client on a negligence theory for any resulting loss.

A) True
B) False

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In view of the reliance of numerous parties on the opinions of auditors, many courts have ceased to hold accountants liable to third parties for negligence.

A) True
B) False

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In performing professional services, an accountant is subject to the standard of the ordinarily prudent person.

A) True
B) False

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Manufacturing Inc. hires Neri, an accountant, to maintain the company's financial records. Neri does not act negligently or fail to perform any duty but fails to discover that Ollie, the firm's chief finance officer, is embezzling funds from the firm. With respect to the corporation's losses, the accountant is


A) not liable.
B) liable for the entire amount.
C) liable only for the amount that occurred after the accountant was hired.
D) liable only for the amount that cannot be recovered from the embezzler.

E) A) and B)
F) B) and D)

Correct Answer

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Dena, an accountant, contracts to perform services for Equipment Maker Inc. Dena acts in good faith and conforms to generally accepted accounting principles but makes an incorrect judgment. Dena is most likely


A) liable for negligence.
B) liable for breach of contract.
C) liable for a violation of state professional ethical standards.
D) not liable.

E) A) and B)
F) A) and C)

Correct Answer

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