Andrea M. Alonso and Kevin G. Faley The Espinal Doctrine
The Espinal doctrine is a useful tool for defendants to limit their liability to third parties. Here, Kevin Faley and Andrea Alonso discuss cases that demonstrate the Espinal exceptions and how the courts interpret this doctrine.
September 14, 2023 at 10:00 AM
9 minute read
Generally, a contractual obligation, standing alone, will not give rise to tort liability in favor of a third party. Eaves Brooks Costume Co. v. Y.B.H. Realty Corp., 76 N.Y.2d 220 (1990). In 1928, Chief Judge Benjamin Cardozo warned that imposing third-party liability under such circumstances could lead the contracting parties to be liable to "an indefinite number of potential beneficiaries."
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