Thursday, December 9, 2021

Pennsylvania Superior Court Affirms Application of the Gist of the Action Doctrine

In the case of Patel v. Kandola Real Estate, LP, 2021 Pa. Super. 219 (Nov. 8, 2021 Stevens, P.J.E., Bender, P.J.E., Murray, J.) (Op. by Stevens, P.J.E.), the court affirmed the trial court’s entry of summary judgment after finding that the gist of the action doctrine barred the Plaintiff’s tort claims.

The court reiterated that, under the gist of the action doctrine, tort allegations against a party to the contract are barred when the tort claim is based on a breach of the contract. 

Given that, without the contract in this case, there would have been no obligation for the Defendant to have taken any action, the negligence claims were barred under the gist of the action doctrine.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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