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COMM 393 (60)

Case Brief - Rangen Inc. V. Deloitte & Touche – NEGLIGENT MISSTATEMENT.docx

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COMM 393
Patricia Mallia

Rangen Inc V DeloitteToucheNEGLIGENT MISSTATEMENT FactsThe plaintiff provided aqua culture products to a fish farming business based on audited financial statements conducted by the defendantSubsequently the fish farming business defaulted on its trade credit inflicting an economic loss on the plaintiff of several hundred thousand dollarsIn trial court the judge found that there was not an acceptable proximity of closeness between the defendant and plaintiff with which to establish a duty of careThe plaintiff brings this action to the appeal court claiming that such a duty of care should exist and be enforced against the defendantIssues1 Is there a substantial proximity of closeness between the defendant and plaintiff2 Should the defendants owe the plaintiff a duty of care and be held liable for the plaintiffs purely economic lossesDecisions1 There is no substantial proximity of closeness between the parties2 The defendants owe no duty of care to the plaintiff and as such are not liable for the lossesReasons1 A substantial proximity exists where the defendant is aware of the parties that will make use of the information provided or the precise purpose of the information when the names of the parties are not availableSince DeloitteTouche could not reasonably foresee that the plaintiff would
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