judicially created doctrine in Wisconsin

2006III ¶ 24 We begin with a brief overview of the economic loss doctrine. "`The economic loss doctrine is a judicially created doctrine under which a purchaser of a product cannot recover from a manufacturer on a tort theory for damages that are solely economic.'" Linden v. Cascade Stone Co., 2005 WI 113, ¶ 6 , 283 Wis.2d 606 , 699 N.W.2d 189 (quoting Bay Breeze, 257 Wis.2d 511, ¶ 9 , 651 N.W.2d 738 ).

2006We begin with a brief overview of the economic loss doctrine. " 'The economic loss doctrine is a judicially created doctrine under which a purchaser of a product cannot recover from a manufacturer on a tort theory for damages that are solely economic.'" Linden v. Cascade Stone Co., 2005 WI 113, ¶ 6 , 283 Wis. 2d 606 , 699 N.W.2d 189 (quoting Bay Breeze, 257 Wis. 2d 511, ¶ 9 ).

2022Inc., 2004 WI 139, ¶15 , 276 Wis. 2d 361 , 688 N.W.2d 462 .

2008Co. of N. Am. v. Cease Elec., Inc., 2004 WI 139, ¶ 15 , 276 Wis. 2d 361 , 688 N.W.2d 462 (citation omitted).

2006The economic loss doctrine is a judicially created doctrine that seeks "(1) to maintain the fundamental distinction between tort law and contract law; (2) to protect commercial parties' freedom to allocate economic risk by contract; and (3) to encourage the party best situated to assess the risk [of] economic loss, the commercial purchaser, to assume, allocate, or insure against that risk." Van Lare v. Vogt, Inc., 2004 WI 110, ¶ 17 , 274 Wis. 2d 631 , 683 N.W.2d 46 . *850 ¶ 8.

2006The economic loss doctrine is a judicially created doctrine that seeks "(1) to maintain the fundamental distinction between tort law and contract law; (2) to protect commercial parties' freedom to allocate economic risk by contract; and (3) to encourage the party best situated to assess the risk [of] economic loss, the commercial purchaser, to assume, allocate, or insure against that risk." Van Lare v. Vogt, Inc., 2004 WI 110, ¶ 17 , 274 Wis. 2d 631 , 683 N.W.2d 46 . *850 ¶ 8.

2019They argue that either the doctrine's "fraud in the inducement" exception or its "other property" exception applies. ¶10 "The economic loss doctrine 'is a judicially created doctrine that seeks to preserve the distinction between contract and tort.' " Ferris v. Location 3Corp. , 2011 WI App 134 , ¶12, 337 Wis. 2d 155 , 804 N.W.2d 822 (citation omitted).

2019They argue that either the doctrine's "fraud in the inducement" exception or its "other property" exception applies. ¶10 "The economic loss doctrine 'is a judicially created doctrine that seeks to preserve the distinction between contract and tort.' " Ferris v. Location 3Corp. , 2011 WI App 134 , ¶12, 337 Wis. 2d 155 , 804 N.W.2d 822 (citation omitted).

2019Co. , 2002 WI 71 , ¶ 4, 253 Wis. 2d 323 , 646 N.W.2d 314 (emphasis added).

2019Co. , 2002 WI 71 , ¶ 4, 253 Wis. 2d 323 , 646 N.W.2d 314 (emphasis added).

2012The business judgment rule is "a judicially created doctrine that limits judicial review of corporate decision-making when corporate directors make business decisions on an informed basis, in good faith and in the honest belief that the action taken is in the best interests of the company." Einhorn v. Culea, 2000 WI 65, ¶ 19 , 235 Wis. 2d 646 , 612 N.W.2d 78 .

2012The business judgment rule is "a judicially created doctrine that limits judicial review of corporate decision-making when corporate directors make business decisions on an informed basis, in good faith and in the honest belief that the action taken is in the best interests of the company." Einhorn v. Culea, 2000 WI 65, ¶ 19 , 235 Wis. 2d 646 , 612 N.W.2d 78 .

2005Ass'n v. Norco Windows, Inc., 2002 WI App 205, ¶ 9 , 257 Wis. 2d 511 , 651 N.W.2d 738 (citing Kailin v. Armstrong, 2002 WI App 70, ¶ 27 , 252 Wis. 2d 676 , 643 N.W.2d 132 ).

2005Ass'n v. Norco Windows, Inc., 2002 WI App 205, ¶ 9 , 257 Wis. 2d 511 , 651 N.W.2d 738 (citing Kailin v. Armstrong, 2002 WI App 70, ¶ 27 , 252 Wis. 2d 676 , 643 N.W.2d 132 ).

2025Corp. v. City of Kenosha, 2003 WI 143, ¶34 , 267 Wis. 2d 59 , 671 N.W.2d 633 .

2025Corp. v. City of Kenosha, 2003 WI 143, ¶34 , 267 Wis. 2d 59 , 671 N.W.2d 633 .

2025None of these elements appear in this case. 75 Wis. 2d 631, 638 , 250 N.W.2d 305 (1977) (footnote omitted).

2025None of these elements appear in this case. 75 Wis. 2d 631, 638 , 250 N.W.2d 305 (1977) (footnote omitted).

2024Perez argued that he should be able to introduce that evidence “to establish that there is another person who may be depicted in the video instead of [Perez]” and to show that Mary “may have learned about the details of sexual activity with the male that she had previously had sex with prior to the allegations herein.”3 ¶5 Perez argued that under the circumstances of this case, evidence regarding Mary’s prior sexual activity with other men was not barred by the rape shield statute, pursuant to the judicially created exception to that statute set forth in State v. Pulizzano, 155 Wis. 2d 633 , 4

2024Perez argued that he should be able to introduce that evidence “to establish that there is another person who may be depicted in the video instead of [Perez]” and to show that Mary “may have learned about the details of sexual activity with the male that she had previously had sex with prior to the allegations herein.”3 ¶5 Perez argued that under the circumstances of this case, evidence regarding Mary’s prior sexual activity with other men was not barred by the rape shield statute, pursuant to the judicially created exception to that statute set forth in State v. Pulizzano, 155 Wis. 2d 633 , 4

2024“Economic loss may be either direct or consequential[]”—a “direct” economic loss is a “loss in value of the product itself,” and “consequential” economic losses are “[a]ll other economic loss[es] caused by the product defect, such as lost profits[.]” Wausau Tile, Inc. v. County Concrete Corp., 226 Wis. 2d 235, 246 , 593 N.W.2d 445 (1999) (citations omitted).

2024“Economic loss may be either direct or consequential[]”—a “direct” economic loss is a “loss in value of the product itself,” and “consequential” economic losses are “[a]ll other economic loss[es] caused by the product defect, such as lost profits[.]” Wausau Tile, Inc. v. County Concrete Corp., 226 Wis. 2d 235, 246 , 593 N.W.2d 445 (1999) (citations omitted).

2023Brockmeyer, 113 Wis. 2d at 567-68 .

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2021When there “has been a breach of a contractual obligation … the wronged party has a right to an appropriate remedy, which is dependent upon the nature and extent of the wrong sustained.” Thorp Sales Corp. v. Gyuro Grading Co., 111 Wis. 2d 431, 437-38 , 331 N.W.2d 342 (1983). “[W]hether a party has suffered a compensable economic loss and the dollar figure to be attributed to that loss is a factual determination.” Fletcher v. Eagle River Mem’l Hosp., Inc., 150 Wis. 2d 145, 155 , 441 N.W.2d 297 (Ct. App. 1989), rev’d on other grounds, 156 Wis. 2d 165 , 456 N.W.2d 788 (1990). 10 “[T]he ‘economic

2018The rule of reason is a judicially created doctrine that allows courts to invalidate arbitrary or capricious exercises of a municipality's annexation authority. *412 Town of Menasha v. City of Menasha , 170 Wis. 2d 181 , 188-89, 488 N.W.2d 104 (Ct. App. 1992).

2018The rule of reason is a judicially created doctrine that allows courts to invalidate arbitrary or capricious exercises of a municipality's annexation authority. *412 Town of Menasha v. City of Menasha , 170 Wis. 2d 181 , 188-89, 488 N.W.2d 104 (Ct. App. 1992).

2012The rule "contributes to judicial economy by limiting court involvement in business decisions where courts have no expertise . . . ." Reget v. Paige, 2001 WI App 73, ¶ 17 , 242 Wis. 2d 278 , 626 N.W.2d 302 (citation omitted).

2012The rule "contributes to judicial economy by limiting court involvement in business decisions where courts have no expertise . . . ." Reget v. Paige, 2001 WI App 73, ¶ 17 , 242 Wis. 2d 278 , 626 N.W.2d 302 (citation omitted).

2012It is a judicially-created rule that is not absolute, but rather requires the balancing of the rule's remedial objectives with the "substantial social costs exacted by the exclusionary rule." Id., ¶¶ 22-23 (quoting Illinois v. Krull, 480 U.S. 340, 352-53 (1987)).