The Privity Limitation & Pure Economic Losses

Torts

9 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
The Privity Limitation
Balancing of various factors:1. the extent to which the transaction was intended to affect the P2. the forseeability of harm to him3. the degree of certainty that the P suffered injury4. the closeness of the connection between the D's conduct and the injury suffered
H.R. Moch Co. v. Rensselaer Water Co.
RULE: A contract between a city and a water company to furnish water at the city hydrants has in view a benefit to the public that is incidental rather than immediate, an assumption of duty to the city not to its inhabitants
Glazner v. Shepard
Bean weighingRULE: The law imposes a duty toward the buyer as well as seller in the situation disclosed here
Food Pageant v. Consolidated EdisonLilpan Food Corp. v. Consolidated Edison
A
Conboy v. Mogeloff
To establish a duty owed by a physician to a 3rd party: "we have further required actual privity, or something approaching privity, such as conduct on the part of the D linking D to P which envinces D's understanding of P's reliance
Economic Loss Rule
A party who suffers no physical injury or a loss of personal property cannot recover GENERALLY
Robins Dry Dock & Repair Co. v. Flint
A tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the doer of wrong
Carbone v. Ursich
Special rule which made the wrong doer liable not only for the damage done to the fishing vessel, but liable for the losses of the fisherman as well
Yarmouth Sea Products Ltd. v. Scully
Where the fisherman's wages are dependent on the vessel's catch and that vessel is tortiously incapacitated, there loses are as forseeable and direct a consequence of the tortfeasor's actions as the shipowner's loss of use (UNLIKE Robins)