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Brenda is an attorney whose clients include Capital Finance Company. If Brenda is negligent in her work for Capital, under the Restatement (Third) of Torts, Brenda may be liable to Capital and​


A) ​any third party.
B) ​no third party.
C) ​third parties who are foreseen users of the work.
D) ​third parties who are reasonably foreseeable users of the work.

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

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Geoff is an attorney, whose clients include Hydroponic Superstores, Inc. Unless Hydroponic has violated securities law, the contents of Geoff's file on Hydroponic may be disclosed to someone other than the firm​


A) ​under no circumstances.
B) ​only under a court order (with or without Hydroponic's consent) .
C) ​only with Hydroponic's consent.
D) ​under any circumstances.

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

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Diderot's accountant is Esteban and his attorney is Figaro. All states protect, as privileged information, Diderot's communications with​


A) ​Esteban and Figaro.
B) ​Esteban only.
C) ​Figaro only.
D) ​none of the choices.

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

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C

Lou, an attorney, allows a statute of limitations to lapse on a claim by Metal Fabrication Company, a client. Lou​


A) ​can be held liable for malpractice.
B) ​has violated an ethical standard but cannot be held liable.
C) ​is subject to criminal penalties under the statute of limitations.
D) ​will be automatically disbarred.

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

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Ricardo, an accountant, contracts to conduct an audit for Sensei Sushi Restaurants. In performing the audit, Ricardo fails to detect certain misconduct. Ricardo is most likely​


A) ​liable if a normal audit would have revealed the misconduct.
B) ​liable if Ricardo issues a specifically qualified opinion.
C) ​not liable if Ricardo generally disclaims any liability.
D) ​not liable if the misconduct was due to Sensei Sushi's negligence.

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

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An accountant is liable for a misleading statement that affects the price of a security, unless the accountant acted in good faith.​

A) True
B) False

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Tyson accuses Ulman, an attorney, of committing malpractice. Malpractice is​


A) ​constructive fraud.
B) ​a defalcation.
C) ​none of the choices.
D) ​professional negligence.

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

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A professional can be liable for constructive fraud only if he or she acted with fraudulent intent.​

A) True
B) False

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Rollo is an accountant whose clients include Systems Analysis Corporation. Tyra is Rollo's attorney. Under the common law and by statute in many states, working papers that Rollo develops when preparing financial reports for Systems Analysis are owned by​


A) ​Rollo.
B) ​Systems Analysis.
C) ​Tyra.
D) ​no one-the papers must be destroyed immediately after use.

E) A) and D)
F) A) and C)

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A

Odette, an accountant, contracts to perform services for Percy. Odette acts in good faith and conforms to generally accepted accounting principles, but makes an incorrect judgment. Odette is most likely​


A) ​liable if Odette failed to discover a defalcation.
B) ​liable if Odette failed to discover a fraud.
C) ​liable if Odette failed to discover an impropriety.
D) ​not liable.

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

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Digital Systems Corporation files a suit against Ethan, its former accountant, alleging constructive fraud. Digital Systems need not prove​


A) ​misstatement of a material fact.
B) ​intent to deceive.
C) ​justifiable reliance.
D) ​an injury.

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

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Farley, an accountant, intentionally misstates a material fact to mislead Global Industries, Inc., a client. Global justifiably relies on the misstatement to its detriment. Farley is most likely liable for​


A) ​fraud.
B) ​malpractice.
C) ​negligence.
D) ​none of the choices.

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

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Randi, an accountant, includes a false statement in a report for Social Media Marketing, Inc., that is filed with the Securities and Exchange Commission. When Theo buys stock in Social Media and loses money on the investment, he files a suit against Randi, alleging fraud under the 1934 Securities Exchange Act. To avoid liability, Randi can show that she​


A) ​intended to defraud Social Media, not Theo.
B) ​intended to profit on stock trades generally, not only Theo's.
C) ​is an otherwise competent accountant.
D) ​had no knowledge that her statement was false.

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

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To obtain damages for fraud, an innocent party does not need to have been injured.​

A) True
B) False

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False

Ezra, an accountant, intentionally misstates a material fact to mislead Fruit Packing, Inc., a client. Fruit Packing justifiably relies on the misstatement to its detriment. Ezra is most likely liable for​


A) ​actual fraud.
B) ​constructive fraud.
C) ​destructive fraud.
D) ​virtual fraud.

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

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Fact Pattern 47-1​ Nelson, an accountant, enters into a contract to provide services to Operational Processes, Inc. (OPI) . Nelson does not finish the work within the contract's deadline. This causes OPI to fail to meet certain other deadlines owed to Prime Bank, which results in the firm's payment of penalties to the bank. -Refer to Fact Pattern 47-1. OPI may be entitled to​


A) ​payment from Nelson of the amount of the penalties in damages.
B) ​specific performance of any future contract with Nelson.
C) ​an injunction against future breaches of contract by Nelson.
D) ​no damages or other relief because Nelson is not liable.

E) None of the above
F) All of the above

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Doug, an accountant, prepares for Econo Enterprise, Inc., a financial statement that omits a material fact. The statement is included in Econo's registration statement with the Securities and Exchange Commission. Felicia, who relies the statement, and Graham, who does not, each buy Econo stock. Under Section 11 of the Securities Act of 1933, Doug may be liable to​


A) ​no one.
B) ​Felicia only.
C) ​Felicia and Graham.
D) ​Graham only.

E) B) and C)
F) C) and D)

Correct Answer

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In all cases involving allegations of negligence, the plaintiff must prove that the professional's breach of the duty of care actually caused some injury.​

A) True
B) False

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Professionals are required to adhere to certain standards of performance within their profession.​

A) True
B) False

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Odell, an accountant, prepares for Pronto Tacos Corporation a financial statement that omits a material fact. The financial statement is included in Pronto Tacos's registration statement, which Qiana reads. Qiana buys Pronto Tacos stock. Under Section 11 of the Securities Act of 1933, for Odell to be liable for the omission, Qiana must show that she​


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

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

Correct Answer

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