(DOWNLOAD) "Hangman Ridge Training Stables Inc. V. Safeco Title Insurance Co." by Supreme Court of Washington ~ Book PDF Kindle ePub Free
eBook details
- Title: Hangman Ridge Training Stables Inc. V. Safeco Title Insurance Co.
- Author : Supreme Court of Washington
- Release Date : January 08, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
This case involves the Consumer Protection Act. The precise issue presented is whether the defendant title insurance company, acting as escrow agent, may be assessed attorney fees in a private CPA action when plaintiffs have not established that defendant engaged in an unfair or deceptive act, or that plaintiffs were in fact injured, or that defendant's conduct caused such alleged injury, or that the defendant's conduct had an impact on the public interest. We hold that to prevail in a private CPA action and therefore be entitled to attorney fees, a plaintiff must establish five distinct elements: (1) unfair or deceptive act or practice; (2) occurring in trade or commerce; (3) public interest impact; (4) injury to plaintiff in his or her business or property; (5) causation. Because plaintiffs here have failed to establish the first, third, fourth, and fifth elements, they have not prevailed, and are not entitled to attorney fees. The judgment of the trial court which awarded attorney fees to plaintiffs is reversed.
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