New Hampshire

Ernst & Young v. Pritchett in New Hampshire Law

How Ernst & Young v. Pritchett applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Corporate Law.

State Approach

New Hampshire law closely follows the principles outlined in Ernst & Young v. Pritchett, particularly regarding auditor liability and the duty of care owed to third parties. The state emphasizes the necessity of establishing a direct relationship between the auditor and the third party to hold auditors accountable for negligence.

State Rule
In New Hampshire, auditors can be held liable for negligence towards third parties if there is a known reliance on the audited financial statements and a close relationship between the auditor and the third party.
Significant State Cases

Chicora Ventures, LLC v. Berman

The court held that auditors could be liable for negligence if they had knowledge of specific third-party reliance on their work.

Garvin v. Wilks

This case reinforced the standard that auditors owe a duty of care to specific third parties who justifiably rely on their financial audits.

Green v. Cummings

The court ruled that an auditor's liability may extend to parties in a business transaction if a close relationship is established.

Comparison to Federal Law

New Hampshire's approach mirrors the federal standard that allows auditor liability to third parties under certain conditions, particularly with known reliance. However, New Hampshire may not apply the broader 'foreseeability' standard used in some federal cases, focusing instead on the relationship element.

Bar Exam Note

Understanding the application of Ernst & Young v. Pritchett is crucial for the New Hampshire bar exam, particularly in questions related to auditor liability and corporate governance.

Practice Pointers
  • Always analyze the relationship between the auditor and the third party to establish potential liability.
  • Be aware of any state-specific nuances that may differentiate New Hampshire law from federal standards.
  • Study relevant state case law to understand how courts interpret auditor duty and negligence.

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