Question
Argonaut Boating (Argonaut) asks Simpson, Flanders & Gumble, LLP (SFG), a CPA firm, to audit its financial statements. Argonaut tells SFG that it plans to
Argonaut Boating (Argonaut) asks Simpson, Flanders & Gumble, LLP (SFG), a CPA firm, to audit its financial statements. Argonaut tells SFG that it plans to use the statements to obtain a loan from NorthCentral Bank. SFG prepares the statements. Argonaut uses the statements to obtain a loan from First National Bank (First National). The statements falsely state Argonaut's financial position due to SFG's negligent preparation of them. When Argonaut defaults on the loan, First National sues SFG under the common law of negligence. Does SFG have liability to First National under the rule of Ultramares? Does SFG have liability to First National under the rule of the Restatement (Second) of Torts?
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