2005 Pa. Super. 328 - Hart v. Arnold’s Empirical Analysis
2005
Citation profile
3 federal appellate · 1 district · 55 state decisions
How this case has been cited
Cited by 104 later decisions — most recently August 2024 · most notably McShea v. City of Philadelphia (2010), 2007 Pa. Super. 160 - Reardon v. Allegheny College (2007)
3 federal appellate · 1 district · 55 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 Murphy v. Duquesne University of Holy Ghost · 2002 Pa. Super. 347 - Etoll, Inc. v. Elias/Savion Advertising, Inc. · 441 Pa. Super. 281 - Johnston the Florist, Inc. v. TEDCO Construction Corp. · Birth Center v. St. Paul Companies, Inc. · LaRocca Estate
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) aris[e] solely from a contract between the parties; (2) when the duties allegedly breached were created and grounded in the contract itself; (3) where the liability stems from a contract; or (4) when the tort claim essentially duplicates a breach of contract claim or the success of which is wholly dependent on the terms of a contract.”
7 later decisions quote this exact passage“limited to a determination of whether the findings of the trial court are supported by competent evidence and whether the trial court committed error in the application of law. Findings of the trial judge in a non-jury case must be given the same weight and effect on appeal as a verdict of a jury and will not be disturbed on appeal absent error of law or abuse of discretion. When this Court reviews the findings of the trial judge, the evidence is viewed in the light most favorable to the victorious party below and all evidence and proper inferences favorable to that party must be taken as true and all unfavorable inferences rejected.”
5 later decisions quote this exact passage“§ 261. Discharge By Supervening Impracticability Where, after a contract is made, a party's performance is made impracticable without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made, his duty to render that performance is discharged, unless the language or the circumstances indicate the contrary. Restatement (Second) of Contracts § 261 (1981). * * * Once impracticability of performance or frustration of purpose occurs, "it is up to the parties to waive the difficulties or seek to terminate the agreement." [ Ellwood City Forge Corp. v. Fort Worth Heat Treating Co., Inc. , 431 Pa.Super. 240 , 636 A.2d 219 ,] 223 (Pa. Super. 1994). If a party proceeds under the original contract, despite the impracticability that would otherwise justify his non-performance, and is then unable to perform as previously agreed, he can be liable for damages. Restatement (Second) of Contracts § 261 (1981). On the other hand, a party who has already performed under a contract, which is dissolved on the ground of supervening impracticability, is generally allowed a claim for restitution to the extent his performance has benefited the other party. Restatement (Second) of Contracts § 272 Comment: b. Relief including restitution. In a proper case recovery may go beyond mere restitution and include elements of reliance by the claimant, even though they have not benefited the other party.”
3 later decisions quote this exact passage
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.