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    PracticeCPA®CPA REG Practice Exam 5Question 08
    Hard1 markMultiple Choice
    Area I: Ethics & Tax ProceduresREGBusiness LawLegal Duties

    CPA · Question 08 · Area I: Ethics & Tax Procedures

    A CPA firm negligently prepared a financial statement for a client. The firm knew the client intended to use the statement to obtain a loan from Bank A. However, the client actually used the statement to obtain a loan from Bank B. Bank B relied on the statement and suffered a loss. In a jurisdiction that follows the 'Ultramares' doctrine, is the CPA firm liable to Bank B?

    Answer options:

    A.

    Yes, because the negligence caused the loss.

    B.

    Yes, because Bank B is a foreseen third party.

    C.

    No, because Bank B was contributory negligent.

    D.

    No, because there was no privity of contract between the CPA firm and Bank B.

    How to approach this question

    Identify the jurisdiction rule: Ultramares = Privity (strict). Restatement = Foreseen Class. Foreseeability = Any Foreseeable User.

    Full Answer

    D.No, because there was no privity of contract between the CPA firm and Bank B.✓ Correct
    The Ultramares doctrine limits CPA liability for negligence to parties in privity of contract and specifically intended third-party beneficiaries. Since the CPA firm did not know of Bank B (they thought it was for Bank A), there is no privity, and thus no liability to Bank B for negligence.

    Common mistakes

    Applying the Restatement (Foreseen Third Party) rule instead of Ultramares.
    Question 07All questionsQuestion 09

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