Socrateaser, IN her statement judge tells that she hardly see a link of a proximate cause between the loss incured as a result of the crimial activity and the fact that realtor unverified the tenatns, info. If it was the non-payment of rent, then it would have been a proximate causue, but since it is a crimial activity its not the proximate cause. The laywer for the realtor also argues, "unless there is a proof that the defendants knew or should have known" that had they not verified clinet info properly then crimial activity could exist, there is no proximate causation that can be exstablished.
What is the defence against these statement. If she verified info properly she would have discovered that its wrong, and therefore learned about the problem and thus landlord would never rent the place? What else is out there? How can i show that defendant knew or should have known that its something that might happen. Like she should have known and knew that if she unverified info the tenants might end up non-paying, or criminals or something like that , but it logically and intuitively also provides that she should have know that if she puts into a property unverified tenants, anything bad can happen since it happens in NJ all the time, etc. ?? Any case law?
ITs sounds like one case is a kind of a case, but ....
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