Torts Commons^™

The Choice Between Implied Warranty And Tort Liability For Recovery Of Pure Economic Loss In "Contract-Torts": A Comparison Of Judicial And Private Ordering In The Real Property Market, Norman Siebrasse

Dalhousie Law Journal

The Supreme Court's decision in Winnipeg Condo. Corp. No. 36 v. Bird Construction expanded recovery for pure economic loss in tort by allowing a subsequent purchaser to recover the cost of repairing a dangerous defect arising out of negligence in the construction of a building. This article outlines the theoretical justifications for extended tort liability when the parties are linked by a contractual chain but are not in privity, and concludes that it is not possible to determine whether extended liability is desirable without considering the details of the market in question. A comparison between tort liability and the protection …