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IAI Actuarial Core Principles · Business Management · Professional negligence

A Delhi company relied on an actuary's report but ignored her clear written warning not to use the results for a purpose beyond the report's scope, then suffered loss. Which defence is most relevant for the actuary?

The relevant defence is the client's own fault or contributory negligence: by ignoring a clear written warning and using the report beyond its scope, the company helped cause its loss, which can reduce or defeat the claim against the actuary.

  1. AContributory negligence or the client's own fault in using the report outside its stated scope, which may reduce or defeat the claimCorrect
  2. BPrivity of contract, which means that no duty can ever be owed
  3. CAct of God, because any loss is unforeseeable
  4. DWaiver by the Institute of Actuaries of India
  5. Sovereign immunity

Explanation

Where the client disregards an explicit warning and uses advice outside its stated scope, the client's own conduct is a cause of the loss, so contributory fault or lack of causation limits liability. Privity does not remove a contractual duty, and the other options have no application.

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