We’ve written often about two recurring issues in contract disputes that limit a party’s ability to bring a section 75-1.1 claim: the economic-loss rule and “substantial aggravating circumstances.” The economic-loss rule provides that, in most cases, a breach of contract does not give rise to tort claims between contracting parties. […]
I am always curious to see how courts outside of North Carolina grapple with section 75-1.1—particularly when facing novel or unsettled questions. And few questions are as unsettled as whether the economic-loss rule bars a section 75-1.1 claim. In fact, we have discussed opinions from outside of our state (California […]
This post studies a recent decision about a sales agent who’s upset with the quality of his leads. An initial sidebar: the agent wasn’t peddling real estate, but it’s almost impossible to read the decision without thinking of this outstanding movie. David Mamet is a genius. But, setting aside whether […]
We have frequently reviewed the interplay between the economic-loss rule and Section 75.1.1 claims (see here, here, and here). In Foodbuy, LLC v. Gregory Packaging, Inc., (Sept. 25, 2018), Chief Judge Frank D. Whitney of the Western District of North Carolina issued an opinion after a bench trial on dueling […]