@cpa8488, i saw that lol i meant to answer it but here goes
ordinary negligence: 4 things
1. defendant (accountant) owed duty of care
2. defendant breached that duty of care
3. that breach cause plaintiff injuries
4. damages
gross negligence (from what i gather this is the same as constructive fraud, so 2 with one stone)
uses the same elements as actual fraud (MAIDS) BUT WITHOUT Scienter – you only need to prove reckless disregard for truth, not intent
so here it goes,
1.misrepresentation of material fact
2. actual and justifiable reliance by plaintiff
3. intent to induce
4. Scienter (intent to deceive) – not needed for constructive/gross negligence
5. damages
Common law fraud- MAIDS