Topic: a contractual obligation, standing alone, will generally no… · Go Syfert
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Topic #5063

5 canonical passages across 5 cases, quoted by 67 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Espinal v. Melville Snow Contractors, Inc..

#Case FlagCanonical passage Citers
1 Espinal v. Melville Snow Contractors, Inc. Anchor
ny · 2002
green “a contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party” 47
2 Church v. Callanan Industries, Inc.
ny · 2002
green “where the promisor, while engaged affirmatively in discharging a contractual obligation, creates an unreasonable risk of harm to others, or increases that risk” 7
3 Chase v. J.H. Electric of New York, Inc.
nyappdiv · 2010
green “the existence of a contract, the plaintiff's performance under the contract, the defendant's breach of that contract, and resulting damages” 6
4 Martinez v. Higher Powered Pizza, Inc.
nyappdiv · 2007
green “the mere existence of a franchise agreement is insufficient to impose vicarious liability on the franchisor for the acts of its franchisee; there must be a showing that the franchisor exercised control over the day-to-day operations of its franchisee” 4
5 News America Marketing, Inc. v. Lepage Bakeries, Inc.
nyappdiv · 2005
green “what plaintiffs misapprehend is that evidence of current industry practice is only 'admissible to explain the meaning of terms used in any particular trade, when their meaning is material to construe the contract” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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