Commerce Bank files a suit against Drake, its former accountant, alleging constructive fraud. Drake may be held liable

A) if Commerce Bank cannot prove actual fraud.
B) if Drake was grossly negligent in the performance of his duties.
C) only if Drake acted with fraudulent intent.
D) only if Drake impersonated someone who could be liable for fraud.

Constructive Fraud

Deception or misrepresentation made without the intent to deceive, usually due to neglect or failure to fulfill a duty, which causes harm to another party.

Grossly Negligent

A severe lack of care or the extreme departure from the care a reasonable person would exercise in a similar situation, often resulting in harm or damage.

Actual Fraud

Deliberate deception by one party to secure unfair or unlawful gain, or to deprive another party of a legal right.