Question：Quintella plc is considering a takeover of Ripleez plc having considered the latest annual report and accounts as audited by Cuckoo and Co accountants.
The directors of Quintella have arranged a meeting with the senior partner of Cuckoo and Co to obtain assurance as to the accuracy of the accounts.
What advice would you give the senior partner?
A. The duty of care owed by Cuckoo will be lower than normal as Quintella must carry the risk of takeover failure
B. Cuckoo would owe a higher standard of care to Quintella for its advice as it will rely on it for takeover purposes
C. Cuckoo would not owe a duty of care to Quintella as the accounts were not prepared for the purpose they are using them for and the advice would merely confirm the figures
D. Cuckoo would not owe a duty of care to Quintella in respect of any advice given as it is a potential investor
The correct answer is：Cuckoo would owe a higher standard of care to Quintella for its advice as it will rely on it for takeover purposes.
解析：Cuckoo will owe a duty of care for the advice that it gives in respect of the takeover. Such duties are set higher than normal following the decision in ADT Ltd v BDO Binder Hamlyn 1995 as the potential losses are that much greater.
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