Crawford v. Buckner’s Empirical Analysis
1992
Citation profile
16 state decisions
How this case has been cited
Cited by 20 later decisions — most recently December 2018
16 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 60 Cal. 2d 92 - Tunkl v. Regents of University of California · Fitzpatrick v. Bitzer · 20 Cal. 3d 512 - Henrioulle v. Marin Ventures, Inc. · Galligan v. Arovitch · 33 N.J. Super. 575 - Kuzmiak v. Brookchester
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) It concerns a business of a type generally thought suitable for public regulation. (b) The party seeking exculpation is engaged in performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public. (e) The party holds himself out as willing to perform this service for any member of the public who seeks it, or at least for any member coming within certain established standards. (d) As a result of the essential nature of the service, in the economic setting of the transaction, the party invoking exculpation possesses a decisive advantage of bargaining strength against any member of the public who seeks his services. (e) In exercising a superior bargaining power the party confronts the public with a standardized adhesion contract of exculpation, and makes no provision whereby a purchaser may pay additional reasonable fees and obtain protection against negligence. (f) Finally, as a result of the transaction, the person or property of the purchaser is placed under the control of the seller, subject to the risk of carelessness by the seller or his agents.”
3 later decisions quote this exact passage“Furthermore, one must ignore present day realities to say that such an exculpatory clause, which relieves a lessor of lability for personal injuries caused by its own negligence, is purely a "personal and private affair" and "not a matter of public interest." We no longer live in an era of the occasional rental of rooms in a private home or over the corner grocery. In the relatively short span of 30 years the public's use of rental units has expanded dramatically ... It takes no imagination to see that a business which onee had a minor impact upon the living habits of the citizenry has developed into a major commercial enterprise directly touching the lives of hundreds of thousands of people who depend upon it for shelter. Thus, we are not faced merely with the theoretical duty of construing a provision in an isolated contract specifically bargained for by one landlord and one tenant as a purely private affair. Considered realistically, we are asked to construe an exculpatory clause, the generalized use of which may have an impact upon thousands of potential tenants. Under these cireumstances, it cannot be said that such exculpatory clauses are "purely a private affair" or that they are "not a matter of public interest."”
2 later decisions quote this exact passage“[It is self-evident that a residential landlord is engaged in performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public. In addition, a residential landlord holds itself out as willing to perform a service for any member of the public who seeks it.”
1 later decision quote this exact passagee.g. Ransburg v. Richards
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.