· 6/15/2000
Castro v. Brown's Chicken and Pasta, Inc.
Citations
- 732 N.E.2d 37
- 314 Ill. App. 3d 542
- 247 Ill. Dec. 321
- 16 I.E.R. Cas. (BNA) 695
- 2000 Ill. App. LEXIS 482
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that liability can be imposed for the negligent performance of a voluntary undertaking even where no legal duty based upon a “special relationship” between the parties exists
- stating that in determining whether that the law enforcement investigatory privilege to discovery applies, courts balance the public benefit of keeping the investigation confidential with the civil litigant’s need to obtain the information
- “Whether a defendant has voluntarily undertaken a legal duty to a plaintiff seeking to bring a negligence action is a question of law... .”
- “Under the voluntary undertak- ing doctrine of liability, the duty of care to be imposed upon the defendant is limited to the extent of the undertaking.”
- the purchase agreement makes it clear that the franchisee was in control of the restaurant because several provisions within the agreement were stricken by the parties, such as the section entitled “TRAINING” and “STORE OPENING”
- the purchase agreement makes it clear that the franchisee was in control of the restaurant because several provisions within the agreement were stricken by the parties, such as the section entitled \TRAINING\ and \STORE OPENING\
Source: CourtListener parenthetical corpus (CC0).
Judges: South
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.