[WSBARP] Do principles of comparative fault apply

[Rick Hoss]

Condor Enterprises, Inc. v. Boise Cascade, 71 Wash App 48, 53 (1993) says
any contributory negligence in purchasers investigation is a complete bar to
recovery- Washington law equates justifiable reliance with a lack of
contributory negligence.  See also Restatement (Second) of Torts Sec. 552A.

Whether this should be the case is a different question. Visser is an
extreme example.

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Tuesday, July 31, 2018 10:29 AM
To: WSBA Real Property Listserve; KCBA Real Property, Probate and Trust Law
Discussion List
Subject: [WSBARP] Do principles of comparative fault apply

 

To cases where the duty to inquire further in the purchase of real estate is
asserted?

 

I'm in a mediation where this has been asserted.  I can find no case so
stating.

 

Any thoughts appreciated.  Thanks.

 

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
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Thank you.

 

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