Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)

Citation: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Parent Document: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-01-15
Original Source: https://www.courtlistener.com/opinion/8351304/azar-v-quinn/ ↗

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Whether a given practice runs afoul of these touchstones must be determined from the circumstances of each case. Don Lorenz, Inc. v. Northampton National Bank, 6 Mass.App.Ct. 933 (1978). “Liability (and the extent of liability) under c. 93A turns on an appraisal of the allegedly culpable conduct of the entity charged with violating that chapter.” Zayre Corp. v. Computer Systems of America, Inc., 24 Mass.App.Ct. 559, 570 (1987). The “circumstances of the entire transaction including the knowledge and motives of the parties” may be relevant in determining liability under G.L. c. 93A. Sheehy v. Lipton Industries, Inc., 24 Mass.App.Ct. 188, 196 (1987). In order to recover under M.G.L.c. 93A, the plaintiffs need not show proof of actual reliance on a misrepresentation, but rather need only show by a preponderance of the evidence that there is “a causal connection between the deception and the loss and that the loss was foreseeable as a result of the deception.” International Fidelity Ins. Co. v. Wilson, 387 Mass. at 850.

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