Topic: in considering whether a duty exists in a particular case, … · Go Syfert
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Topic #9563

7 canonical passages across 6 cases, quoted by 39 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 Ziemba v. Mierzwa.

#Case FlagCanonical passage Citers
1 Ziemba v. Mierzwa Anchor
ill · 1991
green “in considering whether a duty exists in a particular case, a court must weigh the foreseeability that defendant's conduct will result in injury to another and the likelihood of an injury occurring, against the burden to defendant of imposing a duty, and the consequences of impos…” 12
2 Clifford v. Wharton Business Group, L.L.C.
illappct · 2004
green “where no duty exists, the plaintiff cannot recover.” 5
3 O'Connell v. Turner Construction Co.
illappct · 2011
green “the two requirements under that subsection are occupation and intent to control the land, as opposed to the activities or individuals thereon.” 5
4 Gilley v. Kiddel
illappct · 2007
green “where a defendant is charged with negligence because of his failure to perform an act allegedly required by contract, the question of whether the defendant actually had a duty to act will be determined by the terms of the contract.” 5
5 Hilgart v. 210 Mittel Drive Partnership
illappct · 2012
green “only the party in control of the premises can be held liable for a defective or dangerous condition on the premises.” 5
6 Tomczak v. Planetsphere, Inc.
illappct · 2000
green “there is no liability for landowners for dangerous or defective conditions on the premises in the absence of the landowner's actual or constructive knowledge.” 4
7 O'Connell v. Turner Construction Co.
illappct · 2011
green “could exclude anyone from the premises or that it could even alter what was built where” 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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