McCarthy v. Taniska’s Empirical Analysis

Citation profile

2 district · 40 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A contract in order to be valid must be the result of the free assent of the parties making it. . . . In the absence of that, the essential of a contract is wanting; and if such absence be produced by the wrongful conduct of one party to the transaction, or conduct for which he is responsible, whereby the other party, for the time being, through fear, is bereft of his free will power, for the purpose of obtaining the contract, and it is thereby obtained, such contract may be avoided on the ground of duress”

   4 later decisions quote this exact passage
   e.g. Crm Consulting Ltd. v. Gianopoulos, No. Cv96 0150415 S (Mar. 5, 1997) · Faillace v. Soderholm, No. Cv 95 0322549 (Oct. 27, 1997)

2. “A contract in order to be valid must be the result of the free assent of the parties making it.”

   4 later decisions quote this exact passage
   e.g. Twachtman v. Hastings, No. Cv 95 57307 S (Jul. 23, 1997) · Faillace v. Soderholm, No. Cv 95 0322549 (Oct. 27, 1997)

3. “put in fear by the other party to the transaction for the purpose of obtaining an advantage over him [and was] deprived of the free exercise of his will power, and was such advantage thereby obtained?”

   2 later decisions quote this exact passage
   e.g. 2000 Conn. Super. Ct. 5336 - Vernon Assoc. v. Brown, No. Cv 99 0071363 S (May 11, 2000) · 2000 Conn. Super. Ct. 5712 - Vernon Associates v. Brown, No. Cv 99 0071363 S (May 11, 2000)