Practice point: A contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party.
Student note: There is an exception where a contractor who undertakes to perform services pursuant to a contract negligently creates or exacerbates a dangerous condition by launching its own force or instrument of harm.
Case: Kramer v. Cury, NY Slip Op 00913 (1st Dept. 2012).
Tomorrow’s issue: Law of the case..
