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Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
In the earlier precedent, duty had been imposed on defendants by voluntary contract via privity as in an English case, Winterbottom v. Wright. [4] which is the precursor rule for product liability. The portion of the MacPherson opinion in which Cardozo demolished the privity bar to recovery is as follows:
Cardozo, C.J., held that the claim in negligence failed on the ground that the auditors owed the plaintiff no duty of care, there being no sufficiently proximate relationship. [1] The two causes of action will be considered in succession, first the one for negligence and second that for fraud.
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
This doctrine was originally promulgated by Benjamin N. Cardozo in the 1921 case, Wagner v. Int'l Ry. Co. [ 2 ] There, writing for the Court of Appeals of New York (which is the supreme court of that state), Cardozo stated: "Danger invites rescue.
Cardozo, the son of Rebecca Washington (née Nathan) and Albert Jacob Cardozo, [2] was born in 1870 in New York City.Both Cardozo’s maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, and his paternal grandparents, Ellen Hart and Michael H. Cardozo, were Western Sephardim of the Portuguese-Jewish community, and affiliated with Manhattan’s Congregation Shearith Israel.
The Nature of the Judicial Process established Cardozo "as one of the leading jurists of his time" [11] and "has become a classic of legal education." [12] Its continuing appeal is due, in part, to its self-effacing tone, its lapidary prose, and its attempt to strike a happy medium between legal formalism and radical realist theories that wholly reject traditional views of law, legal reasoning ...
Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928), is a widely cited case in which the New York Court of Appeals held that partners in a business owe fiduciary duties to one another where a business opportunity arises during the course of the partnership.