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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Weiler v. Hooshiari, 2011 VT 16 (2011)

Citation
Weiler v. Hooshiari, 2011 VT 16 (2011)
Parent Document
Weiler v. Hooshiari, 2011 VT 16 (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-02-10

Other Sections in This Document (61)

Full Text

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2006 VT 82, ¶ 17. Rule 15(b) allows amendment of pleadings if a complaint is tried by “express or implied consent of the parties.” Tenant did not include negligence as a cause of action in her original complaint, and landlord did not expressly consent to such a suit. The trial court’s inquiries prompted no claim for negligence due to tenant’s tactical determination. Nor does it appear that landlord implicitly acceded to a negligence case by joining in a de facto trial over elements of negligence liability not included in the complaint. See Desrochers v. Perrault,