Larkin, Inc., retains Howard Patterson to manage its books and prepare its

Larkin, Inc., retains Howard Patterson to manage its books and prepare its financial statements. Patterson, a certified public accountant, lives in Indiana and practices there. After twenty years in practice, Patterson has become a bit bored with generally accepted accounting principles (GAAP) and has adopted more creative accounting methods. Now, though, Patterson has a problem, as he is being sued by Molly Tucker, one of Larkin’s creditors. Tucker alleges that Patterson either knew or should have known that Larkin’s financial statements would be distributed to various individuals. Furthermore, she asserts that these financial statements were negligently prepared and seriously inaccurate. What are the consequences of Patterson’s failure to follow GAAP? Under the traditional Ultramares rule, can Tucker recover damages from Patterson? Explain. (See Potential Liability to Third Parties.)

 

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