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Candler v Crane, Christmas & Co
''Candler v Crane, Christmas & Co'' () 2 KB 164 is an English tort law case. In it, Denning LJ delivered an important dissenting judgment, arguing for a duty of care for negligent statements. This was later upheld in ''Hedley Byrne v Heller & Partners Ltd'' () 2 All ER 575 by the House of Lords.
==Facts==
Donald Ogilvie was the director of a company called Trevaunance Hydraulic Tin Mines Ltd, which mined tin in Cornwall. He needed more capital, so he put an advertisement in ''The Times'' on July 8, 1946, which said,
"£10,000. Established Tin Mine (low capitalisation) in Cornwall seeks further capital. Install additional milling plant. Directorship and active participation open to suitable applicant - Apply"
Mr Candler responded, saying he was interested in investing £2000, if he could see the company's accounts. Mr Ogilvie instructed Crane, Christmas & Co, a firm of auditors, to prepare the company’s accounts and balance sheet. The draft accounts were shown to Mr Candler in the presence of Crane, Christmas & Co’s clerk. Mr Candler relied on their accuracy and subscribed for £2,000 worth of shares in the company. But the company was actually in a very bad state. Ogilvie used the investment on himself and then went bankrupt. Mr Candler lost all the money he invested. He brought an action against the accountants, Crane, Christmas & Co. for negligently misrepresenting the state of the company. As there was no contractual relationship between the parties, the action was brought in tort law for pure economic loss.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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