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The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
The Economic Loss Rule: Robinson Helicopter V Dana (2004), Roger Bernhardt
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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
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
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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.