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Seaver v. Ransom

    Brief Fact Summary. None.

    Synopsis of Rule of Law. None.

    Facts. The judge in this matter was the husband of the testatrix and a legal advisor.

    Issue. Did the judge owe a duty?

    Held. The intermediate appellate court found that the judge owed a duty to the Plaintiff after his wife informed him that she wished to devise a house to the Plaintiff. The court would not allow the judge to "commit such a fraud upon the plaintiff as would result, if relief were denied her here." It further recognized "[i]t is better not to draw close legal distinctions but to say that on the facts the law will get at an attorney who seeks to avoid such a contract, and will compel performance."

    Points of Law - for Law School Success

    I do not understand that the case of Lawrence v. Fox has gone so far as to hold that every promise made by one person to another, from the performance of which a third would derive a benefit, gives a right of action to such third party, he being privy neither to the contract or the consideration.

    View Full Point of Law
    Discussion. This case demonstrates how judges are held to a higher standard than normal individuals appearing before a court.


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