Citation[edit | edit source]

'Data Processing Services, Inc. v. L.H. Smith Oil Co., 492 N.E.2d 314 (Ind. App. 1986) (full-text).

Factual Background[edit | edit source]

The plaintiff claimed that the defendant was negligent in designing an accounting and data processing software system.

State Appellate Court Proceedings[edit | edit source]

The state appellate court stated in dictum:

Those who hold themselves out to the world as possessing skill and qualifications in their respective trades and professions impliedly represent they possess the skill and will exhibit the diligence ordinarily possessed by well informed members of the trade or profession.[1]

The court concluded that “[t]he situation here is more analogous to a client seeking a lawyer’s advice or a patient seeking medical treatment for a particular ailment than it is to a customer buying seed corn, soap or cam shafts.”[2]

References[edit | edit source]

  1. 492 N.E.2d at 319.
  2. Id.
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