IAI Actuarial Core Principles · Business Management · Professional negligence
Arjun, a consulting actuary, valued a gratuity liability using a mortality table that was widely accepted by many competent actuaries at the time, though a minority preferred another table. The client alleges negligence because a later study favoured the minority view. Which statement best reflects the likely legal position?
Arjun is unlikely to be liable, because professional conduct is judged by the standard of a reasonably competent practitioner at the time, without hindsight. Following a method supported by a responsible body of the profession is generally a good defence, even if another view existed.
- AArjun is liable because hindsight shows the other table was more accurate
- BArjun is liable unless he obtained the client's written consent to the table
- CArjun is not liable merely because he followed a table that a responsible body of the profession supportedCorrect
- DArjun is liable because any difference of professional opinion proves breach
- Arjun is not liable only if the valuation produced a lower liability than the alternative
Explanation
The standard is that of a reasonably competent actuary judged at the time of the advice, not with hindsight. Following an approach supported by a responsible body of professional opinion is generally a defence. Differing opinions do not by themselves establish breach.
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