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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)

Citation
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Parent Document
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Full Text

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The question resolved in the Solomon case was whether § 14, the violation of which may be the basis of criminal as well as civil liability, applies only to intentional conduct by a landlord. We concluded in the Solomon case, with respect to civil liability, that “malicious intent is not necessary, and that the statute covers, at the least, reckless conduct” (emphasis added). Id. at 101. We also observed that “[t]he Legislature may have contemplated a balance between tenant protection and the legitimate interests of landlords, and therefore may have intended that some degree of fault or foreseeability should be a prerequisite to liability under § 14.” Id. These statements are not incompatible with the imposition of liability based on negligence. Negligent conduct is, of course, conduct involving “some degree of fault.” See 3 F. Harper, F. James & O. Gray, The Law of Torts 103-126 (2d ed. 1986).