Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

PDF

Publications

Series

Construction defect

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt Jan 2004

The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt

Publications

This article discusses a California Supreme Court case which held that the economic-loss rule does not bar tort recovery—compensatory and punitive damages—in a claim for intentional misrepresentation or fraud independent of a claim for breach of contract as might be applied to construction litigation.


Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt Jan 2003

Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.