Thursday, August 13, 2015

Contracts and tort liability in favor of a third party.

Practice point:  A contractual obligation, standing alone, does not give rise to tort liability in favor of a third party, excapt (1) where the contracting party, in failing to exercise reasonable care in the performance of its duties, launches a force or instrument of harm; (2) where the plaintiff detrimentally relies on the continued performance of the contracting party's duties; and (3) where the contracting party has entirely displaced the other party's duty to maintain the premises safely.

Student note:  Because a finding of negligence must be based on the breach of a duty, a threshold question in tort cases is whether the alleged tortfeasor owed a duty of care to the injured party.

Case:  Cioffi v. Raritan Bldg. Servs. Corp., NY Slip Op 06411 (2d dept. 2015)

Here is the decision.

Tomorrow's issue:  Disclosure.