privity requirement (Washington) · Go Syfert
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privity requirement in Washington

21 Washington opinions name it 2 courts 1955–2015 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Stuart v. Coldwell Banker Commercial Group, Inc.green
wash · 1987 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007See Stuart v. Coldwell Banker Commercial Group, Inc., 109 Wn.2d 406, 418 , 745 P.2d 1284 (1987). ¶8 A second, oft-cited rationale for this doctrine is the theory that the owner’s negligence in failing to remedy a dangerous condition upon the land is an intervening cause, which breaks the chain of causation and cuts off the contractor’s liability.

2007See Stuart v. Coldwell Banker Commercial Group, Inc., 109 Wn.2d 406, 418 , 745 P.2d 1284 (1987). ¶8 A second, oft-cited rationale for this doctrine is the theory that the owner’s negligence in failing to remedy a dangerous condition upon the land is an intervening cause, which breaks the chain of causation and cuts off the contractor’s liability.

22
Tex Enterprises, Inc. v. Brockway Standard, Inc.green
wash · 2003 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See Tex Enters., 149 Wn.2d at 212 ( explaining that implied warranties are more " closely guarded" because, unlike express warranties, they arise by operation of sale with no voluntary action); Baughn, 107 Wn.2d at 151 -52.

11
Rydde v. Morrisgreen
sc · 2009 · cited in 1 Washington opinions naming this issue, 2013–2013
1 sentence

2013Rydde, 381 S.C. at 647 (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Baughn v. Honda Motor Co. green
wash · 1986
2 sentences

2003It is important to note that the Baughn court would have allowed a plaintiff's express warranty claim to proceed because "[t]he privity requirement is relaxed ... when a manufacturer makes express representations, in advertising or otherwise, to a plaintiff." Id. at 151-52 , 727 P.2d 655 . [2] A few years later in Touchet Valley, this court created an exception to the privity requirement for implied warranties.

2003It is important to note that the Baughn court would have allowed a plaintiff’s express warranty claim to proceed because “[t]he privity requirement is relaxed. . . when a manufacturer makes express representations, in advertising or otherwise, to a plaintiff.” Id. at 151-52 . 2 A few years later in Touchet Valley, this court created an exception to the privity requirement for implied warranties.

32003–2015
Hackler v. Hackler green
washctapp · 1984
2 sentences

2005This exception applies to certain interested witnesses in the prior adjudication: “One who was a witness in an action, fully acquainted with its character and object and interested in its results, is estopped by the judgment as fully as if he had been a party.” Hackler, 37 Wn.

2005This exception applies to certain interested witnesses in the prior adjudication: "One who was a witness in an action, fully acquainted with its character and object and interested in its results, is estopped by the judgment as fully as if he had been a party." Hackler, 37 Wash.App. at 795 , 683 P.2d 241 .

31991–2005
In Re the Election Contest Filed by Coday green
wash · 2006
2 sentences

2008Coday, 156 Wash.2d at 501 , 130 P.3d 809 .

2008Coday, 156 Wn.2d at 501 .

22008–2008
Pinter v. Dahl green
scotus · 1988
2 sentences

2002In Pinter v. Dahl, 486 U.S. 622 , 108 S.Ct. 2063 , 100 L.Ed.2d 658 (1988), the U.S. Supreme Court adopted a strict privity analysis in construing the federal securities statute analogous to this provision.

2002In Pinter v. Dahl, 486 U.S. 622 , 108 S.Ct. 2063 , 100 L.Ed.2d 658 (1988), the U.S. Supreme Court adopted a strict privity analysis in construing the federal securities statute analogous to this provision.

21989–2002
Haberman v. Washington Public Power Supply System green
wash · 1988
2 sentences

1998Brin contends that the trial court erred because the Washington Supreme Court rejected a strict privity requirement under RCW 21.20.430(1) in Haberman v. WPPSS, 109 Wn.2d 107, 131-32 , 744 P.2d 1032 , 750 P.2d 254 (1987).

1998Brin contends that the trial court erred because the Washington Supreme Court rejected a strict privity requirement under RCW 21.20.430(1) in Haberman v. WPPSS, 109 Wn.2d 107, 131-32 , 744 P.2d 1032 , 750 P.2d 254 (1987).

21989–1998
Schirmer v. Nethercutt neutral
wash · 1930
2 sentences

1990Schirmer v. Nethercutt, 157 Wash. 172 , 288 P. 265 (1930).

1990Schirmer v. Nethercutt, 157 Wash. 172 , 288 P. 265 (1930).

21985–1990
Freeman v. Navarre green
wash · 1955
2 sentences

1967At the outset, it might well be observed that this case offers an invitation for “a realistic, judicial analysis and reappraisal of the privity rule.” Freeman v. Navarre, 47 Wn.2d 760 , 289 P.2d 1015 (1955).

1967At the outset, it might well be observed that this case offers an invitation for “a realistic, judicial analysis and reappraisal of the privity rule.” Freeman v. Navarre, 47 Wn.2d 760 , 289 P.2d 1015 (1955).

21965–1967
Baxter v. Ford Motor Co. green
wash · 1932
2 sentences

1964Plaintiff contends that Timken’s conduct amounted to a breach of implied warranty of fitness, and the plaintiff is entitled to recover for damages under the exception to the privity rule as set forth in Baxter v. Ford Motor Co., 168 Wash. 456 , 12 P. (2d) 409 , 88 A.L.R. 1003 (1932).

1964Plaintiff contends that Timken’s conduct amounted to a breach of implied warranty of fitness, and the plaintiff is entitled to recover for damages under the exception to the privity rule as set forth in Baxter v. Ford Motor Co., 168 Wash. 456 , 12 P. (2d) 409 , 88 A.L.R. 1003 (1932).

21964–1965
Owens v. Kuro green
wash · 1960
2 sentences

1987The privity requirement in collateral estoppel is based on the principle that "a stranger's rights cannot be determined in his absence from the controversy." Owens v. Kuro, 56 Wn.2d 564, 568 , 354 P.2d 696 (1960).

1987The privity requirement in collateral estoppel is based on the principle that "a stranger's rights cannot be determined in his absence from the controversy." Owens v. Kuro, 56 Wn.2d 564, 568 , 354 P.2d 696 (1960).

11987–1987
Lucas v. Hamm green
cal · 1961
1 sentence

1985Lucas v. Hamm, 56 Cal. 2d at 588 .

11985–1985
Dipangrazio v. Salamonsen green
wash · 1964
2 sentences

1965In the comparatively recent case of Dipangrazio v. Salamonsen, 64 Wn.2d 720 , 393 P.2d 936 , this court was again called upon to consider the liability of a manufacturer to á user who had no privity of contract with either the manufacturer or any other person in the chain of distribution.

1965In the comparatively recent case of Dipangrazio v. Salamonsen, 64 Wn.2d 720 , 393 P.2d 936 , this court was again called upon to consider the liability of a manufacturer to á user who had no privity of contract with either the manufacturer or any other person in the chain of distribution.

11965–1965
Bock v. Truck & Tractor, Inc. neutral
wash · 1943
1 sentence

1965We stated: The exception to the privity of contract doctrine has been extended in our state to so-called inherently dangerous instrumentalities; Baxter v. Ford Motor Co., 168 Wash. 456 , 12 P. (2d) 409 , 15 P. (2d) 1118 , 88 A.L.R. 521 ; Bock v. Truck & Tractor, Inc., 18 Wn. (2d) 458, 139 P. (2d) 706 .

11965–1965
Smith v. State green
oklacrimapp · 1932
1 sentence

1965We stated: The exception to the privity of contract doctrine has been extended in our state to so-called inherently dangerous instrumentalities; Baxter v. Ford Motor Co., 168 Wash. 456 , 12 P. (2d) 409 , 15 P. (2d) 1118 , 88 A.L.R. 521 ; Bock v. Truck & Tractor, Inc., 18 Wn. (2d) 458, 139 P. (2d) 706 .

11965–1965
Carter v. Yardley & Co. green
mass · 1946
2 sentences

1955The last *771 jurisdiction to abandon the privity rule in tort cases involving injury to the person was Massachusetts, in Carter v. Yardley & Co., 319 Mass. 92 , 64 N.E. (2d) 693, 164 A.L.R. 559 .

1955The last jurisdiction to abandon the privity rule in tort cases involving injury to the person was Massachusetts, in Carter v. Yardley & Co., 319 Mass. 92 , 64 N. E. (2d) 693, 164 A. L.

11955–1955
McAfee v. Cargill, Inc. green
casd · 1954
1 sentence

1955See discussion of the problems involved in Baxter v. Ford Motor Co., supra ; Bock v. Truck & Tractor, Inc., supra .

11955–1955

Statutes the citing opinions construe

WA § Wash. Rev. Code § 21.20.010 (3) WA § Wash. Rev. Code § 21.20.430 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 60 (1926–2024) IL 53 (1962–2026) CA 52 (1958–2026) FL 38 (1958–2021) IN 33 (1980–2026) TX 32 (1965–2023) GA 28 (1939–2019) PA 26 (1960–2023) OH 24 (1988–2022) NC 23 (1916–2026) VA 23 (1979–2016) MI 22 (1969–2026) WA 21 (1955–2015) IA 20 (1973–2021) NJ 20 (1971–2025) MD 19 (1984–2024) CT 18 (1960–2025) RI 14 (1965–2010) AR 14 (1994–2021) MO 13 (1952–2024) AZ 12 (1969–2017) VT 12 (1984–2024) NH 10 (1982–2020) DE 9 (1970–2018) MN 9 (1991–2018) SC 9 (2000–2019) MS 9 (1987–2014) DC 8 (1989–2022) WV 7 (1964–2010) ME 7 (1928–2020) ID 7 (1985–2018) CO 7 (1972–2020) UT 6 (1989–2008) AK 6 (1970–2021) NV 6 (2009–2020) KS 6 (1967–2022) SD 6 (1936–2022) WI 5 (1973–2019) KY 5 (1962–2026) MA 5 (1977–2007) WY 5 (1980–2004) LA 5 (1958–1992) OR 4 (1976–1999) MT 4 (1984–2010) AL 4 (1924–2024) ND 4 (1965–2020) NM 3 (1972–2004) OK 3 (1974–2025) TN 2 (1969–2026) HI 2 (1997–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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