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[-] Should an Abstractor ever be liable for more than the amount of a document that was missed? - John Smith/WY (2 replies)
1/16/2010 3:03:45 PM (3841 views)
Re: Should an Abstractor ever be liable for more than the amount of a document that was missed? - Kevin Ahern/CT
1/16/2010 4:02:36 PM (4213 views)

Generally he would be held liable for the damages suffered as a result of his negligence. A lot depends on the theory of law under which recovery is sought. For a claim in negligence he would be liable for all damages proximately caused by his negligence. Some states allow him to disclaim damages by contract. Other's such as Connecticut do not, but as an alternative permit him to limit damages to a reasonable amount by contract. Most states are comparative negligence states now, and if the abstractor can prove the plaintiff was negligent in some way the plaintiff's damages will be reduced by the percentage of negligence attributed to him.

Under the law of contracts the abstractor may be liable for compensatory or consequential damages which result from the breach of contract.

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Re: Should an Abstractor ever be liable for more than the amount of a document that was missed? - John Smith/WY
1/17/2010 1:03:37 PM (3984 views)

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