Can a mechanic that performed a negligent inspection on an automobile be liable to a third-party who gets into an accident with the automobile that the mechanic inspected? (see prior post) The New York Court of Appeals in Stiver v. Good & Fair Carting and Moving, Inc. that it would not impose such a duty of care on inspection stations, observing that it was unwilling to force inspection stations to insure against risks "the amount of which they may not know and cannot control, and as to which contractual limitations of liability [might] be ineffective."
This decision provides a good example of the application of the three exceptions to the generally held principle that "a contractual obligation, standing alone, will generally not give rise to tort liability in favor of a third party." It will serve you well to read Espinal v. Melville Snow Contrs. and Church v Callanan Indus. as background for this case.
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