Question

most of the burden of affirmative proof is on the defendant under common law

Answer 1

False, it falls upon the plantiff

Burden of Proof on the Plaintiff Actions brought under common law place most of the burdens of affirmative proof on the plaintiff, who must prove

(1) that he or she was damaged or suffered a loss,

(2) that there was a beneficiary relationship with the defendant,

(3) that the financial statements were materially misleading or that the accountant’s advice was faulty, (4) that he or she relied on the statements or advice,

(5) that the statements were the direct cause of the loss, and

(6) that the accountant was negligent, grossly negligent, deceitful, or otherwise responsible for damages. The last section of this chapter reviews the U.S. securities acts, a U.S. statutory law regulating the public accounting profession. There you will find that some of the U.S. statutes shift some of these burdens of affirmative proof to the PA. Clients may bring a lawsuit for breach of contract. The relationship of direct involvement between parties to a contract is also known as privity. Privity means the auditor can be sued for breach of contract. When privity exists, a plaintiff usually need only show that the defendant accountant was negligent—showed lack of reasonable care in the performance of professional accounting tasks. If negligence is proved, the accountant may be liable, provided the client did not contribute to his or her own harm.