Study On The Civil Liability Of Certified Public Accountant For The Tort Of Negligence

In common law countries, when CPA brings about damage to another person during his profession of auditing, different actions could be brought to the court subject to statutory law or tort law. And CPA will be liable for intentional tort liability or civil liability of negligence because of intention or negligence under tort law. Every negligent tort shares three requirements: duty of care, breach of duty, and damage. Based on the said three requirements, the article addresses the CPA's civil liability for negligence. Meanwhile some issues on CPA's civil liability for negligence are compared with the counterpart of the civil law system in order to resolve the similar problems in China.In the article, it is concluded that professional duty of care is the primary element for CPA's negligent liability; professional duty of care is breached if CPA fails to follow professional care to misrepresent during his practice; and the civil liability for negligence will be consequentially imposed on CPA.