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KKO 28/1998 AI generated

Supreme Court dismisses claim for damages against investment reserve company for following erroneous accounting advice.

Case Number KKO 28/1998
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the claim for damages brought by an investment reserve company and its liable partner. The company had terminated its investment reserve loan based on flawed advice received from a bookkeeping firm. The court held that the company bears the risk of following professional advice unless there was gross negligence or fraud, which was not proven.

Legislator headnote

AI generated

Bookkeeping Act 1998; Commercial Code: A company acting on professional advice is not liable for damages unless the advisor acted with gross negligence or fraud.

Keywords

AI generated
investment reserve loan professional advice liability commercial company damages gross negligence standard bookkeeping firm duty

Cited Legislation

AI generated
Bookkeeping Act 1998
Commercial Code
AI generated
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Full text

Kommandiittiyhtiö oli tilitoimistolta saamansa virheellisen neuvon mukaisesti purkanut investointivarauslain mukaisen investointivarauksensa. Kysymys siitä, oliko toimenpiteestä aiheutunut yhtiölle ja sen vastuunalaiselle yhtiömiehelle vahinkoa.