What is the test for a general negligence and breach of contract claim?

California, United States of America


The following excerpt is from Mariani v. Price Waterhouse, 70 Cal.App.4th 685, 82 Cal.Rptr.2d 671 (Cal. App. 1999):

[70 Cal.App.4th 693] (1) The court erred in sustaining the demurrer without leave to amend as to the negligence and breach of contract counts. (a) As to the negligence count, appellants contend Mariani is the person who contracted for and engaged the audit services. Accordingly, he may pursue a general negligence claim under the standard established in Bily, supra, 3 Cal.4th at page 406, 11 Cal.Rptr.2d 51, 834 P.2d 745. (b) As to the breach of contract claim, appellants contend they were traditional third-party beneficiaries of the auditing contract with respondent and that Bily still permits an action by express third-party beneficiaries. They rely primarily on Soderberg v. McKinney (1996) 44 Cal.App.4th 1760, 52 Cal.Rptr.2d 635.

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