Revisors erstatningsansvar: En analyse af implementering af begrænset ansvar

Abstract

The purpose of this thesis is to investigate, if Denmark should introduce a different auditor liability regime based on the regimes recommended by European Commission. These liability regimes being, a fixed limit, a variable limit, proportionate liability, and limitation by contract. This will be examined by analyzing the current Danish liability regime, which consist of a joint and several along with several earlier cases against auditors. Futhermore, the experience of EU countries having already implemented a limited auditor regime will be analysed. The analysis will be carried out by using the empirical data regarding the Danish liability regime currently in place as well earlier studies of the impact of different liability regimes and their effects on various markers. Further the analysis of the different liability regimes and their effects on Denmark, is analysed by comparing the current negative impacts of the liability regime in place to the positive effects inherent in each regime. In light of the analysis regarding the current Danish liability regime, it is concluded, that based on the amount of negative impacts of the regime, there is indeed a need for changing the liability regime. This is partly based on the fact that with the current regime, auditors have been facing claims upwards of 1 billion DKK. With facilitates a very real risk that one or more of the BIG 3 companies will face a collapse due to liability claims. By analyzing the individual regimes as well as incorporating earlier constructed sets of data. The conclusion to which regime should be introduced in Denmark is a limitation by contract regime. This is concluded, based on the large variability of the regime, allowing for auditors and companies to negotiate the extent of auditors liability