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6 Washington opinions name it 2 courts 2007–2010 0 in the last five years
The cases below were cited by Washington 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 |
|---|---|---|
Alejandre v. Bullgreen1 sentence2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 1 | 1 |
Alejandre v. Bullgreen1 sentence2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Water's Edge Homeowners Ass'n v. Water's Edge Associates
green
2 sentences2010Water’s Edge Homeowners, 152 Wn. 2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 2 | 2010–2010 |
Ross v. Kirner
green
2 sentences2009We agree. ¶34 They cite a post -Alejandre case, Ross v. Kirner, 162 Wn.2d 493 , 172 P.3d 701 (2007), alleging that our Supreme Court has allowed a buyer of real estate to seek rescission for a negligent misrepresentation tort claim. 2009We agree. ¶ 34 They cite a post- Alejandre case, Ross v. Kirner, 162 Wash.2d 493 , 172 P.3d 701 (2007), alleging that our Supreme Court has allowed a buyer of real estate to seek rescission for a negligent misrepresentation tort claim. | 2 | 2009–2009 |
Ross v. Kirner
green
2 sentences2009We agree. ¶34 They cite a post -Alejandre case, Ross v. Kirner, 162 Wn.2d 493 , 172 P.3d 701 (2007), alleging that our Supreme Court has allowed a buyer of real estate to seek rescission for a negligent misrepresentation tort claim. 2009We agree. ¶ 34 They cite a post- Alejandre case, Ross v. Kirner, 162 Wash.2d 493 , 172 P.3d 701 (2007), alleging that our Supreme Court has allowed a buyer of real estate to seek rescission for a negligent misrepresentation tort claim. | 2 | 2009–2009 |
Berschauer/Phillips Construction Co. v. Seattle School District No. 1
green
2 sentences2007Just as the economic loss rule applies under the WPLA to “unsophisticated” parties, the same “bright line distinction between the remedies offered in contract and tort with respect to economic damages,” Berschauer/Phillips, 124 Wn.2d at 827 , may apply to “unsophisticated” parties who enter a contract on essentially equal footing. 5 If there is significant disparity in bargaining power, likely accompanied by some other contractual infirmity, then there may be an issue as to enforceability of the contract — a different question from whether tort remedies should be available. ¶30 The Alejandres’ 2007Just as the economic loss rule applies under the WPLA to "unsophisticated" parties, the same "bright line distinction between the remedies offered in contract and tort with respect to economic damages," Berschauer/Phillips, 124 Wash.2d at 827 , 881 P.2d 986 , may apply to "unsophisticated" parties who enter a contract on essentially equal footing. [5] If there is significant disparity in bargaining power, likely accompanied by some other contractual infirmity, then there may be an issue as to enforceability of the contract — a different question from whether tort remedies should be available. | 2 | 2007–2007 |
Pennsylvania Glass Sand Corporation v. Caterpillar Tractor Company
green
1 sentence2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 1 | 2010–2010 |
Washington Water Power Co. v. Graybar Electric Co.
green
2 sentences2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). 2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 1 | 2010–2010 |
Water's Edge Homeowners v. Water's Edge Assoc.
green
1 sentence2010Water's Edge Homeowners, 152 Wash.App. at 589-91 , 216 P.3d 1110 ; see also Alejandre, 159 Wash.2d at 681 , 153 P.3d 864 (stating that the "economic loss rule applies to hold parties to their contract remedies"); Wash. Water Power, 112 Wash.2d at 861 n. 10, 774 P.2d 1199 ("[E]conomic loss describes those damages falling on the contract side of `the line between tort and contract.'" (quoting Pa. Glass Sand, 652 F.2d at 1173 )). | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.