Skip to Content

Category: Substantial Aggravating Circumstances

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. […]

Read More
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 […]

Read More
June 26, 2018
Posted in  Substantial Aggravating Circumstances

Concealment, Deletions, and Diversions—Oh, My! But Not Substantially Aggravating.

Courts frequently encounter a section 75-1.1 claim in the context of a contract. We have written before about the difficult determination of whether the allegations rise to the level of a “substantial aggravating factor” that would support a section 75-1.1 claim despite the contract (examples here, here, and here). Earlier […]

Read More