"The assault upon the citadel of privity is proceeding in these days apace." So said Cardozo in 1931, and he has been much quoted since. But the case' in which he said it was one of misrepresentation causing pecuniary loss to a third person who acted in reliance upon it, but to whom it was not made. It is in this area that the assault upon the citadel has made, during the intervening thirty-five years, the least headway, and has broken down into a tangle of more or less unconnected struggles which are apparently making no great progress in any definite direction. It is here that there is still the greatest uncertainty, and even confusion. It is the purpose of this discussion to suggest that there are a great many more cases dealing with the problem than is generally realized, that there is a pattern to be discerned from the decisions, and that some conclusions may be drawn.
William L. Prosser,
Misrepresentation and Third Persons,
19 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol19/iss2/1