354 F. Supp. 2d 573 - Gaines v. Krawczyk’s Empirical Analysis

Citation profile

2 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... “[i]t is axiomatic, of course, that silence cannot amount to fraud in the absence of a duty to speak.” ... Pennsylvania’s fraudulent concealment law is grounded in Section 551 of the Restatement (Second) of Torts, which defines the limited circumstances under which the duty to speak arises between parties to a particular transaction ... Pennsylvania courts determine whether there is a duty to speak based almost exclusively on the nature of the transaction between the parties and the scope of one party’s reliance on the representations of the other.... The duty has been extended to situations involving latent defects in the sales of real estate, such as a termite infestation where the buyer is at the whim of the seller to disclose the matter because it is ■ not discoverable by other reasonable means.... Beyond this arena the duty does not ordinarily arise in a transaction unless there is a confidential or fiduciary relationship between the parties.... Such a relationship does not arise in a typical transactional setting unless “one party surrenders substantial control over some portion of its affairs to the other.” ... Similarly, the duty does not arise where the parties have or can be assumed to have equal knowledge to the information available.”

   1 later decision quote this exact passage · from the majority
   e.g. Roeder v. Lockwood (In Re Lockwood Auto Group, Inc.)