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The Privity Limitation
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Balancing of various factors:1. the extent to which the transaction was intended to affect the P2. the forseeability of harm to him3. the degree of certainty that the P suffered injury4. the closeness of the connection between the D's conduct and the injury suffered
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H.R. Moch Co. v. Rensselaer Water Co.
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RULE: A contract between a city and a water company to furnish water at the city hydrants has in view a benefit to the public that is incidental rather than immediate, an assumption of duty to the city not to its inhabitants
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Glazner v. Shepard
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Bean weighingRULE: The law imposes a duty toward the buyer as well as seller in the situation disclosed here
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Food Pageant v. Consolidated EdisonLilpan Food Corp. v. Consolidated Edison
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A
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Conboy v. Mogeloff
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To establish a duty owed by a physician to a 3rd party: "we have further required actual privity, or something approaching privity, such as conduct on the part of the D linking D to P which envinces D's understanding of P's reliance
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Economic Loss Rule
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A party who suffers no physical injury or a loss of personal property cannot recover GENERALLY
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Robins Dry Dock & Repair Co. v. Flint
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A tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other unknown to the doer of wrong
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Carbone v. Ursich
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Special rule which made the wrong doer liable not only for the damage done to the fishing vessel, but liable for the losses of the fisherman as well
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Yarmouth Sea Products Ltd. v. Scully
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Where the fisherman's wages are dependent on the vessel's catch and that vessel is tortiously incapacitated, there loses are as forseeable and direct a consequence of the tortfeasor's actions as the shipowner's loss of use (UNLIKE Robins)
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