Fraud, Constructive Fraud, and Negligence

Lesson:

When things go wrong, accountants and others may be sued.

People immediately jump to the word 'fraud,' but there are actually several closely related accusations that may arise.

  • Fraud - Knowingly taking advantage of a client
  • Constructive Fraud - Taking advantage of a client without malicious intent
  • Gross negligence - Recklessly disregarding the client's needs
You just received word that a client is about to get sued, and you're trying to figure out what she might be facing.

Here are the relevant facts:

  • It was clear that the service provider had reckless disregard for her client.

What type of legal action should be expected?

Answer:

  • This is a case of gross negligence.
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