Common Law Liability of the Certified Public Accountant for Negligent Misrepresentation

This Article explores the scope of the duty owed by an accountant for negligent misrepresentation as articulated in the Supreme Court's holding in Ultramares v. Touche. He begins by reviewing accounting standards governing accountants in performing a certified audit. He examines the Court's holding in Ultramares, the policy considerations upon which the decision was based, the cases that follow it, and those cases which reject it. The author questions the Court's holding that an accountant's duty is limited to those with whom he is in privity, and argues that social, economic, and legal considerations now require accountants to be judged by the same standards applied to other professionals, and should be held liable for any reasonably foreseeable harm caused by their negligence.