 | George J. Bachrach - 1998 - 370 pages
...that case, the court set forth the following factors for determining whether such liability exists: 1 . The extent to which the transaction was intended to affect the third party; 2. The foreseeability of harm to the third party; 3. The degree of certainty that the... | |
 | Robert Feinschreiber, Margaret Kent - 2000 - 328 pages
...case is a matter of policy and involves the balancing of various factors, including the following: 1. extent to which the transaction was intended to affect the plaintiff 2. forseeability of harm to the plaintiff 3. degree of certainty that the plaintiff suffered injury 4.... | |
 | John G. Cameron - 2000 - 780 pages
...not in privity is a matter of policy and involves the balancing of various factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the... | |
 | Jay M. Feinman - 2000 - 326 pages
...person not in privity is a matter of policy and involves the balancing of factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the... | |
 | Robert F. Cushman, John D. Carter, Douglas F. Coppi, Paul J. Gorman - 2001 - 868 pages
...not in privity is a matter of policy and involves the balancing of various factors, among which are the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the... | |
 | Basil S Markesinis, Hannes Unberath - 2002 - 1127 pages
...care by applying criteria set forth in Biakanja v. Irving. [Reference omitted.] Those criteria are (1) the extent to which the transaction was intended...affect the plaintiff, (2) the foreseeability of harm to the plaintiff, (3) the degree of certainty that the plaintiff suffered injury, (4) the closeness of... | |
 | M. John Sterba - 2002 - 1903 pages
...following factors in determining whether to impose a duty on attorneys not in privity with third parties: 1 . The extent to which the transaction was intended...affect the plaintiff. 2. The foreseeability of harm to the plaintiff. 3. The degree of certainty that the plaintiff suffered injury. 4. The closeness of the... | |
 | Margaret M. Koesel, Tracey L. Turnbull - 2006 - 372 pages
...recognize a cause of action for negligent spoliation, the Velasco court examined the following factors: (1) the extent to which the transaction was intended...affect the plaintiff; (2) the foreseeability of harm to the plaintiff; (3) the degree of certainty that the plaintiff suffered injury; (4) the closeness of... | |
 | David H. Glusman, Gabriel Daniel Martin Ciociola - 2006 - 584 pages
...transaction was intended to affect the plaintiff; (2) the foreseeability of harm to the plaintiff; (3) the degree of certainty that the plaintiff suffered...injury; (4) the closeness of the connection between the defendant' s conduct and the injury; 88 A number of jurisdictions, including New York, recognize under... | |
 | Philip L. Bruner - 2007 - 860 pages
...six factors that a court should consider when determining whether to impose a privity requirement: (1) the extent to which the transaction was intended...affect the plaintiff; (2) the foreseeability of harm to the plaintiff; (3) the degree of certainty that the plaintiff suffered injury; (4) the closeness of... | |
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... the moral blame attached to the defendant's conduct, and the policy of preventing future harm. 
