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ACCA Strategic Professional · Advanced Audit and Assurance (International) · Professional liability

Harlow & Finch, an audit firm, issues an unmodified opinion on the financial statements of Brenton Ltd. A bank, which the auditor knew nothing about, later relies on the statements to lend money to Brenton and suffers a loss. Under the general common law approach to auditor negligence, which statement is most accurate regarding the duty of care owed by the auditor to the bank?

A duty of care to an unknown third party such as the bank is unlikely. Auditors generally owe a duty to third parties only where they knew the statements would be given to an identifiable party for a specific purpose and that party would rely on them. Mere foreseeability of reliance is insufficient.

  1. AThe auditor owes a duty to any third party that reads the financial statements
  2. BThe auditor owes a duty only where it knew the third party would rely on the statements for a specific known purpose, so a duty to this bank is unlikelyCorrect
  3. CThe auditor owes a duty to all lenders because banks are always foreseeable users
  4. DThe auditor owes a duty to third parties only if the audit fee was paid by them

Explanation

Following Caparo-type reasoning, a duty to third parties generally requires that the auditor knew the statements would be communicated to an identifiable party or class for a specific purpose and that the party would likely rely on them for that purpose. Here the bank was unknown to the auditor, so a duty is unlikely. The option claiming a duty to any reader is wrong because mere foreseeability is not enough.

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