Baxsen,Inc.wanted to acquire the common stock of the Acme Corporation and hired Clark to audit the financial statements of Acme.Clark failed to discover a large embezzlement by Acme's chief financial officer.In a common law action by Baxsen against Clark,Baxsen must at a minimum prove:

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Baxsen must at a minimum prove ordinary negligence on Clark's part, which means Clark failed to exercise the care that a reasonably prudent auditor would have exercised under the same circumstances. This is the basic level of fault required in a common law action for negligence.