1 Kan. App. 2d 564 - Chavez v. Saums’s Empirical Analysis
1977
Citation profile
2 federal appellate · 9 district · 25 state decisions
How this case has been cited
Cited by 36 later decisions — most recently November 2017 · most notably Bowman v. Doherty (1984), Pizel v. Zuspann (1990)
2 federal appellate · 9 district · 25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Malone v. University of Kansas Medical Center · Koch, Administratrix v. Prudential Ins. Co. · Price, Administrator v. Holmes · Johnston v. Farmers Alliance Mutual Insurance · American States Insurance v. Hartford Accident & Indemnity Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A breach of contract may be said to be a material failure of performance of a duty arising under or imposed by agreement. A tort, on the other hand, is a violation of a duty imposed by law, a wrong independent of contract. Torts can, of course, be committed by parties to a contract. The question to be determined here is whether the actions or omissions complained of constitute a violation of duties imposed by law, or of duties arising by virtue of the alleged express agreement between the parties.” 220 Kan. at 374 .”
1 later decision quote this exact passage“[w]hen an act complained of is a breach of specific terms of the contract, without any reference to the legal duties imposed by law upon the relationship created thereby, the action is in contract,”
1 later decision quote this exact passagee.g. Bloomer v. Gibson“the gravamen of the action is a breach of the legal duty and not the contract itself, the action is in tort”
1 later decision quote this exact passagee.g. Bloomer v. Gibson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.