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Essay heading: Case Brief
 
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Issue: History
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Date added: July 31, 2001
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No of pages / words: 2 / 471
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The elements necessary to constitute a special relationship are, "(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality's agents that inaction could lead to harm; (3) some form of direct contact between the municipality's agents and the injured party and (4) that party's justifiable reliance on the municipality's undertaking...
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In addition a justifiable reliance was established even though the municipality's agents stated they were unable to arrest Anthony Swiggett, because they informed the decedent about their personal belief of the order of protection being violated and stated they "would do whatever they could." Overall the Court reversed the decision of the Appellate Division and ordered the municipality to pay the tort claim since they were liable...
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The elements necessary to constitute a special relationship are, "(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality's agents that inaction could lead to harm; (3) some form of direct contact between the municipality's agents and the injured party and (4) that party's justifiable reliance on the municipality's undertaking...
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