Arizona Cases When There Was No Special Relationship
Arizona courts have frequently applied the "legal duty" analysis in cases when there was no special relationship.
Morris v. Achen Constr. Co., 155 Ariz. 512, 514, 747 P.2d 1211, 1213 (1987) (a claim of fraudulent inducement of a contract with a third party does not arise out of the contract because the "duty not to commit fraud . . . exists . . . even when there is no contractual relationship between the parties at all");
Fry's Food Stores, Inc. v. Mather and Assocs., Inc., 183 Ariz. 89, 91-92, 900 P.2d 1225, 1227-28 (App. 1995) (a suit for negligent construction resulting in property damage arose from tort, not contract);
Nelson v. Phoenix Resort Corp., 181 Ariz. 188, 201, 888 P.2d 1375, 1388 (App. 1994) (claim for intentional infliction of emotional distress did not arise out of insurance contract);
Bar J Bar Cattle Co. v. Pace, 158 Ariz. 481, 486, 763 P.2d 545, 550 (App. 1988) ("The duty not to interfere with the contract of another arises out of law, not contract.");
Western Techs., Inc. v. Sverdrup & Parcel, Inc., 154 Ariz. 1, 7, 739 P.2d 1318, 1324 (App. 1986) ("the law imposed on Sverdrup a duty not to speak negligently, injuriously or falsely of Western, 'separate and apart' from any duty that the contract between the Board and Sverdrup imposes").