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Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil
Seattle University Law Review
One of the most outstanding jurists of our time, Justice Benjamin Cardozo, articulated a principle spanning the "seamless web" of the law which, unfortunately, has been obscured by the attempts of courts, casebook writers, and law professors to pigeonhole the principle into familiar categories. Justice Cardozo established the principle that a person who undertakes a task is liable for injury to remote third parties, regardless of lack of privity, which arises from the person's negligent performance of the task. Cardozo also enunciated an exception to this rule which developed into a widely accepted opposing rule. This Article first traces the …