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Category: Substantial Aggravating Circumstances

March 16, 2021 James M. Weiss
Posted in  Economic-Loss Rule Substantial Aggravating Circumstances

Lunch and Learn: More Economic-Loss Rule Uncertainty in Section 75-1.1 Claims, this Time with More Juice Cups

Today’s blog post is about a recent Fourth Circuit opinion, Foodbuy LLC v. Gregory Packaging, Inc., involving the intersection of N.C. Gen. Stat. § 75-1.1 and everyone’s favorite school lunch item—juice cups. As a bonus, the Fourth Circuit also waded into the unsettled question of whether the economic-loss rule can […]

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September 1, 2020 Steven A. Scoggan
Posted in  Economic-Loss Rule Substantial Aggravating Circumstances

In a Contract Case, Stick to Contract-Based Claims

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. […]

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June 25, 2019 Thomas H. Segars
Posted in  Substantial Aggravating Circumstances

Udderly Insufficient: A “Clerical Error” that Meant Catastrophe for a Cattle Breeder Was Not a “Substantial Aggravating Factor”

Sometimes small errors can have big consequences. According to a recent Fourth Circuit decision, big consequences do not turn small errors into unfair or deceptive trade practices. Edwards v. Genex Cooperative, Inc. considered a section 75-1.1 claim based on a breach of contract accompanied by “substantial aggravating factors.” Parties to […]

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