balancing of various factors (North Carolina) · Go Syfert
← North Carolina issues

balancing of various factors in North Carolina

6 North Carolina opinions name it 2 courts 1980–2006 0 in the last five years

The cases below were cited by North Carolina 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 (1)

CaseFollowedCited
United Leasing Corp. v. Millergreen
ncctapp · 1980 · cited in 3 North Carolina opinions naming this issue, 1980–2006
2 sentences

1984We established a general balancing test in United Leasing: Whether or not a party has placed himself in such a relation with another so that the law will impose upon him an obligation, sounding in tort and not in contract, to act in such a way that the other will not be injured calls for the balancing of various factors: (1) the extent to which the transaction was intended to affect the other person; (2) the foreseeability of harm to him; (3) the degree of certainty that he suffered injury; (4) the closeness of the connection between the defendant’s conduct and the injury; (5) the moral blame

1980We find language from United Leasing Corp. v. Miller, 45 N.C.App. 400 , 263 S.E. 2d 313, 318 (1980), instructive: Whether ... a party has placed himself in such a relation with another so that the law will impose upon him an obligation, sounding in tort and not in contract, to act in such a way that the other will not be injured calls for the balancing of various factors: (1) the extent to which the *525 transaction was intended to affect the other person; (2) the foreseeability of harm to him; (3) the degree of certainty that he suffered injury; (4) the closeness of the connection between the

13

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Ingle v. Allen green
ncctapp · 1984
2 sentences

1991Ingle, 71 N.C.

1991Ingle, 71 N.C.App. at 27 , 321 S.E.2d at 594 .

11991–1991
Biakanja v. Irving green
cal · 1958
2 sentences

1988Id. at 650 , 320 P. 2d at 19 .

1988Id. at 650 , 320 P. 2d at 19 .

11988–1988
Petrou v. Hale green
ncctapp · 1979
1 sentence

1980Petrou v. Hale, 43 N.C.

11980–1980

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (5)

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

CA 147 (1961–2026) AZ 9 (1976–2002) MO 9 (1967–2023) NC 6 (1980–2006) NJ 6 (1976–2004) MN 5 (1981–2018) FL 5 (1973–1994) SC 4 (2014–2019) NY 2 (1981–2016) VA 2 (2002–2013) NM 2 (1994–1995) TN 2 (2004–2007) AK 2 (1981–1984) WA 2 (1985–1990) LA 2 (1992–2017) IL 2 (1981–1982) CO 2 (1995–2013)

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.

← Caselaw search · G Cite Topics · Brief Check