relationship test (Vermont) · Go Syfert
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relationship test in Vermont

6 Vermont opinions name it 2 courts 1998–2013 0 in the last five years

The cases below were cited by Vermont 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 (6)

CaseFollowedCited
Miller v. Whitegreen
vt · 1997 · cited in 2 Vermont opinions naming this issue, 1998–2013
2 sentences

2013See 167 Vt. 45 (1997).

2013Id. at 53 .

22
Petrillo v. Bachenberggreen
nj · 1995 · cited in 2 Vermont opinions naming this issue, 2007–2007
2 sentences

2007We specifically addressed the elements of the tort of negligent misrepresentation because plaintiff argued that the relationship requirement was relaxed for that tort, and again emphasized that the relationship had to be "`so close as to approach that of privity.'" Id. at 489 , 811 A.2d at 142 (quoting Petrillo v. Bachenberg, 139 N.J. 472 , 655 A.2d 1354, 1358 (1995)).

2007We specifically addressed the elements of the tort of negligent misrepresentation because plaintiff argued that the relationship requirement was relaxed for that tort, and again emphasized that the relationship had to be “‘so close as to approach that of privity.’ ” Id. at 489 , 811 A.2d at 142 (quoting Petrillo v. Bachenberg, 655 A.2d 1354, 1358 (N.J. 1995)).

22
Myers v. Langloisgreen
vt · 1998 · cited in 1 Vermont opinions naming this issue, 2013–2013
2 sentences

2013See Myers v. Langlois, 168 Vt. 432 (1998).

2013Id.

11
Amiot v. Amesgreen
vt · 1997 · cited in 1 Vermont opinions naming this issue, 2013–2013
2 sentences

2013The Court first adopted the most significant relationship test in Amoit v. Ames, 166 Vt. 288, 292 (1997).

2013Id.

11
Silva v. Stevensgreen
vt · 1991 · cited in 1 Vermont opinions naming this issue, 2011–2011
2 sentences

2011“In arm’s-length transactions,” however, “where facts are equally within the means of knowledge of both parties, neither party is required to speak, in the absence of inquiry respecting such matters.” Id. (quotation marks and alternations omitted) (quoting Newell Bros. v. Hanson, 97 Vt. 297, 303-04 , 123 A. 208, 210 (1924)); see also Silva, 156 Vt. at 105 , 589 A.2d at 858-59 (stating that an independent inquiry must be made if it is clear from the parties’ relationship that such inquiry should precede one party’s reliance on other party’s representations). *150 ¶ 15.

2011“In arm’s-length transactions,” however, “where facts are equally within the means of knowledge of both parties, neither party is required to speak, in the absence of inquiry respecting such matters.” Id. (quotation marks and alternations omitted) (quoting Newell Bros. v. Hanson, 97 Vt. 297, 303-04 , 123 A. 208, 210 (1924)); see also Silva, 156 Vt. at 105 , 589 A.2d at 858-59 (stating that an independent inquiry must be made if it is clear from the parties’ relationship that such inquiry should precede one party’s reliance on other party’s representations). *150 ¶ 15.

11
Newell Brothers v. Hansongreen
vt · 1924 · cited in 1 Vermont opinions naming this issue, 2011–2011
2 sentences

2011“In arm’s-length transactions,” however, “where facts are equally within the means of knowledge of both parties, neither party is required to speak, in the absence of inquiry respecting such matters.” Id. (quotation marks and alternations omitted) (quoting Newell Bros. v. Hanson, 97 Vt. 297, 303-04 , 123 A. 208, 210 (1924)); see also Silva, 156 Vt. at 105 , 589 A.2d at 858-59 (stating that an independent inquiry must be made if it is clear from the parties’ relationship that such inquiry should precede one party’s reliance on other party’s representations). *150 ¶ 15.

2011“In arm’s-length transactions,” however, “where facts are equally within the means of knowledge of both parties, neither party is required to speak, in the absence of inquiry respecting such matters.” Id. (quotation marks and alternations omitted) (quoting Newell Bros. v. Hanson, 97 Vt. 297, 303-04 , 123 A. 208, 210 (1924)); see also Silva, 156 Vt. at 105 , 589 A.2d at 858-59 (stating that an independent inquiry must be made if it is clear from the parties’ relationship that such inquiry should precede one party’s reliance on other party’s representations). *150 ¶ 15.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Bovee v. Gravel green
vt · 2002
2 sentences

2007We specifically addressed the elements of the tort of negligent misrepresentation because plaintiff argued that the relationship requirement was relaxed for that tort, and again emphasized that the relationship had to be “‘so close as to approach that of privity.’ ” Id. at 489 , 811 A.2d at 142 (quoting Petrillo v. Bachenberg, 655 A.2d 1354, 1358 (N.J. 1995)).

2007We specifically addressed the elements of the tort of negligent misrepresentation because plaintiff argued that the relationship requirement was relaxed for that tort, and again emphasized that the relationship had to be “‘so close as to approach that of privity.’ ” Id. at 489 , 811 A.2d at 142 (quoting Petrillo v. Bachenberg, 655 A.2d 1354, 1358 (N.J. 1995)).

22007–2007
Martineau v. Guertin green
vt · 2000
1 sentence

2013The court applied the most significant relationship test, but noted “the law of the state where the injury occurred is presumed to govern in wrongful death actions unless another state has a more significant relationship to the parties…” Id. at 418 .

12013–2013
White v. Pepin green
vt · 1989
1 sentence

2011“In arm’s-length transactions,” however, “where facts are equally within the means of knowledge of both parties, neither party is required to speak, in the absence of inquiry respecting such matters.” Id. (quotation marks and alternations omitted) (quoting Newell Bros. v. Hanson, 97 Vt. 297, 303-04 , 123 A. 208, 210 (1924)); see also Silva, 156 Vt. at 105 , 589 A.2d at 858-59 (stating that an independent inquiry must be made if it is clear from the parties’ relationship that such inquiry should precede one party’s reliance on other party’s representations). *150 ¶ 15.

12011–2011
Caisson Corp. v. Home Indemnity Corp. green
· 1986
1 sentence

2005Cassion Corp., 502 N.E.2d at 1169 .

12005–2005

Where else courts name it

CA 68 (1959–2026) PA 50 (1925–2026) TX 43 (1990–2023) FL 33 (1975–2026) WA 32 (1965–2026) IL 28 (1976–2024) NJ 26 (1976–2026) NY 20 (1979–2024) NC 17 (2001–2025) CT 17 (1980–2019) WI 17 (1973–2025) AL 14 (1956–2017) MO 11 (1975–2020) MS 11 (1968–2025) MN 10 (1956–2017) AZ 9 (1982–2023) ID 9 (1982–2017) MA 9 (1987–2024) KS 8 (1965–2015) DE 8 (1990–2025) WV 8 (1981–2022) UT 8 (1953–2012) NM 7 (1980–2024) OK 7 (1990–2026) IN 6 (1979–2013) OH 6 (2000–2013) CO 6 (2001–2025) VT 6 (1998–2013) IA 6 (1971–2001) OR 6 (1977–2021) TN 5 (1936–2025) AK 5 (1967–2024) SD 5 (1992–2026) SC 5 (2012–2021) VA 4 (1988–2025) LA 4 (1989–2013) NV 4 (1996–2018) KY 3 (2006–2020) MI 3 (1998–2008) DC 3 (1987–1999) HI 3 (1972–2008) RI 2 (1991–2010) VI 2 (1992–2005) NH 2 (1980–1996) MD 2 (2011–2012)

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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