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9 North Dakota opinions name it 1 courts 1999–2015 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hagert v. Hatton Commodities, Inc.green2 sentences2011Further, under the economic loss doctrine in North Dakota, “economic loss resulting from damage to a defective product, as distinguished from damage to other property or persons, may be recovered in a cause of action for breach of warranty or contract, but not in a tort action.” Steiner v. Ford Motor Co., 2000 ND 31, ¶ 7 , 606 N.W.2d 881 (citing Hagert v. Hatton Commodities, Inc., 350 N.W.2d 591, 595 (N.D.1984)). 2000Gas & Oil, Inc., 1997 ND 169, ¶ 6 , 567 N.W.2d 345 . [¶ 7] This Court first applied the economic loss doctrine in Hagert v. Hatton *884 Commodities, Inc., 350 N.W.2d 591, 595 (N.D.1984). | 3 | 3 |
Steiner v. Ford Motor Co.green2 sentences2015See Leno v. K & L Homes, Inc., 2011 ND 171, ¶ 17 , 803 N.W.2d 543 (“Further, under the economic loss doctrine in North Dakota, ‘economic loss resulting from damage to a defective product, as distinguished from damage to other property or persons, may be recovered in a cause of action for breach of warranty or contract, but not in a tort action.’”) (quoting Steiner v. Ford Motor Co., 2000 ND 31, ¶ 7 , 606 N.W.2d 881 ). [¶39] Under the economic loss doctrine, the Chegwiddens’ conversion claim is precluded. 2015See Leno v. K & L Homes, Inc., 2011 ND 171, ¶ 17 , 803 N.W.2d 543 (“Further, under the economic loss doctrine in North Dakota, ‘economic loss resulting from damage to a defective product, as distinguished from damage to other property or persons, may be recovered in a cause of action for breach of warranty or contract, but not in a tort action.’”) (quoting Steiner v. Ford Motor Co., 2000 ND 31, ¶ 7 , 606 N.W.2d 881 ). [¶39] Under the economic loss doctrine, the Chegwiddens’ conversion claim is precluded. | 2 | 3 |
Leno v. K & L Homes, Inc.green2 sentences2015See Leno v. K & L Homes, Inc., 2011 ND 171, ¶ 17 , 803 N.W.2d 543 (“Further, under the economic loss doctrine in North Dakota, ‘economic loss resulting from damage to a defective product, as distinguished from damage to other property or persons, may be recovered in a cause of action for breach of warranty or contract, but not in a tort action.’”) (quoting Steiner v. Ford Motor Co., 2000 ND 31, ¶ 7 , 606 N.W.2d 881 ). [¶39] Under the economic loss doctrine, the Chegwiddens’ conversion claim is precluded. 2015See Leno v. K & L Homes, Inc., 2011 ND 171, ¶ 17 , 803 N.W.2d 543 (“Further, under the economic loss doctrine in North Dakota, ‘economic loss resulting from damage to a defective product, as distinguished from damage to other property or persons, may be recovered in a cause of action for breach of warranty or contract, but not in a tort action.’”) (quoting Steiner v. Ford Motor Co., 2000 ND 31, ¶ 7 , 606 N.W.2d 881 ). [¶39] Under the economic loss doctrine, the Chegwiddens’ conversion claim is precluded. | 2 | 3 |
Dakota Grain Co., Inc. v. Ehrmantroutgreen2 sentences2015This Court has held: “In Dakota Grain Co. v. Ehrmantrout, 502 N.W.2d 234, 236-37 (N.D.1993), we explained the difference between a breach of warranty action arising under a sales contract and a negligence action. 2015This Court has held: “In Dakota Grain Co. v. Ehrmantrout, 502 N.W.2d 234, 236-37 (N.D.1993), we explained the difference between a breach of warranty action arising under a sales contract and a negligence action. | 2 | 2 |
Waxler v. Dalstedgreen1 sentence2000Wax ler v. Dalsted, 529 N.W.2d 176, 178 (N.D.1995). [¶ 10] While the Clarys decision was the first time this Court applied the economic loss doctrine to consumer transactions, the doctrine was adopted by this Court long before in HageH and again in Cooperative Power. | 1 | 1 |
State Farm Mutual Automobile Insurance Co. v. Ford Motor Co.green1 sentence1999Co. v. Ford Motor Co., 572 N.W.2d 321, 325 (Minn.App.1997), and the cases it cites (“[o]ur conclusion that the economic loss doctrine applies to consumers as well as businesses in an action for loss of the product itself is consistent with opinions from foreign jurisdictions” ); Alloway v. General Marine Industries, 149 N.J. 620 , 695 A.2d 264, 270 (1997), and the cases it cites (“[t]he vast majority of courts across the country likewise have concluded that purchasers of personal property, whether commercial entities or consumers, should be limited to recovery under contract principles”). [¶ 1 | 1 | 1 |
Danforth v. Acorn Structures, Inc.green2 sentences1999In refusing to exempt consumer purchasers of homes from the economic loss doctrine, the Delaware Supreme Court in Danforth v. Acorn Structures, Inc., 608 A.2d 1194, 1200-01 (Del.Supr.1992), explained contract remedies under the Uniform Commercial Code provide adequate recourse for both consumer and business purchasers of defective goods: rW]e are unable to accept Danforth’s contention that Delaware should recognize an exception to the economic loss doctrine by allowing individual consumers, as distinguished from commercial buyers, to recover for economic loss based upon the alleged inherently 1999In refusing to exempt consumer purchasers of homes from the economic loss doctrine, the Delaware Supreme Court in Danforth v. Acorn Structures, Inc., 608 A.2d 1194, 1200-01 (Del.Supr.1992), explained contract remedies under the Uniform Commercial Code provide adequate recourse for both consumer and business purchasers of defective goods: rW]e are unable to accept Danforth’s contention that Delaware should recognize an exception to the economic loss doctrine by allowing individual consumers, as distinguished from commercial buyers, to recover for economic loss based upon the alleged inherently | 1 | 1 |
Casa Clara Condo. Ass'n v. Charley Toppino and Sons, Inc.red2 sentences1999A consumer, moreover, may recover incidental and consequential damages. (citations omitted). [¶ 12] The economic loss rule is “the fundamental boundary between contract law, which is designed to enforce the expectancy interests of the parties, and tort law, which imposes a duty of reasonable care and thereby encourages citizens to avoid causing physical harm to others.” Casa Clara Condominium Ass’n, Inc. v. Charley Toppino and Sons, Inc., 620 So.2d 1244, 1246 (Fla.1993). [¶ 13] Allowing a consumer exception to the economic loss doctrine would undermine warranty agreements that are part of any 1999A consumer, moreover, may recover incidental and consequential damages. (citations omitted). [¶ 12] The economic loss rule is “the fundamental boundary between contract law, which is designed to enforce the expectancy interests of the parties, and tort law, which imposes a duty of reasonable care and thereby encourages citizens to avoid causing physical harm to others.” Casa Clara Condominium Ass’n, Inc. v. Charley Toppino and Sons, Inc., 620 So.2d 1244, 1246 (Fla.1993). [¶ 13] Allowing a consumer exception to the economic loss doctrine would undermine warranty agreements that are part of any | 1 | 1 |
Alloway v. General Marine Industries, L.P.green2 sentences1999Co. v. Ford Motor Co., 572 N.W.2d 321, 325 (Minn.App.1997), and the cases it cites (“[o]ur conclusion that the economic loss doctrine applies to consumers as well as businesses in an action for loss of the product itself is consistent with opinions from foreign jurisdictions” ); Alloway v. General Marine Industries, 149 N.J. 620 , 695 A.2d 264, 270 (1997), and the cases it cites (“[t]he vast majority of courts across the country likewise have concluded that purchasers of personal property, whether commercial entities or consumers, should be limited to recovery under contract principles”). [¶ 1 1999Co. v. Ford Motor Co., 572 N.W.2d 321, 325 (Minn.App.1997), and the cases it cites (“[o]ur conclusion that the economic loss doctrine applies to consumers as well as businesses in an action for loss of the product itself is consistent with opinions from foreign jurisdictions” ); Alloway v. General Marine Industries, 149 N.J. 620 , 695 A.2d 264, 270 (1997), and the cases it cites (“[t]he vast majority of courts across the country likewise have concluded that purchasers of personal property, whether commercial entities or consumers, should be limited to recovery under contract principles”). [¶ 1 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Clarys v. Ford Motor Co.
green
2 sentences2015Rev. 1073 (November, 2014). [¶ 47] This Court reviewed the underpinnings of the economic loss rule in Clarys v. Ford Motor Company, 1999 ND 72 , 592 N.W.2d 573 . 2015Rev. 1073 (November, 2014). [¶ 47] This Court reviewed the underpinnings of the economic loss rule in Clarys v. Ford Motor Company, 1999 ND 72 , 592 N.W.2d 573 . | 5 | 2000–2015 |
Peterson v. Bendix Home Systems, Inc.
green
1 sentence2011Dakota Grain Co., Inc. v. Ehrmantrout, 502 N.W.2d 234, 238 (N.D.1993) (citing Peterson, 318 N.W.2d at 53 ). | 1 | 2011–2011 |
Stanley v. Turtle Mountain Gas & Oil, Inc.
green
2 sentences2000Gas & Oil, Inc., 1997 ND 169, ¶ 6 , 567 N.W.2d 345 . [¶ 7] This Court first applied the economic loss doctrine in Hagert v. Hatton *884 Commodities, Inc., 350 N.W.2d 591, 595 (N.D.1984). 2000Gas & Oil, Inc., 1997 ND 169, ¶ 6 , 567 N.W.2d 345 . [¶ 7] This Court first applied the economic loss doctrine in Hagert v. Hatton *884 Commodities, Inc., 350 N.W.2d 591, 595 (N.D.1984). | 1 | 2000–2000 |
Cooperative Power Association v. Westinghouse Elec. Corp.
green
1 sentence1999Corp., 493 N.W.2d 661 (N.D.1992). | 1 | 1999–1999 |
East River Steamship Corp. v. Transamerica Delaval Inc.
green
2 sentences1999Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 871 , 106 S.Ct. 2295 , 90 L.Ed.2d 865 (1986), this Court applied the economic loss doctrine, holding CPA could not sue in tort for damages occurring only to the defective product, where there was no damage to per *575 sons or other property. 1999Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 871 , 106 S.Ct. 2295 , 90 L.Ed.2d 865 (1986), this Court applied the economic loss doctrine, holding CPA could not sue in tort for damages occurring only to the defective product, where there was no damage to per *575 sons or other property. | 1 | 1999–1999 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.