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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Weiler v. Hooshiari, 2011 VT 16 (2011)

Citation
Weiler v. Hooshiari, 2011 VT 16 (2011)
Parent Document
Weiler v. Hooshiari, 2011 VT 16 (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-02-10

Other Sections in This Document (61)

Full Text

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¶ 9. Tenant’s theory of recovery, as well as the trial court’s damage award, also ignore the longstanding distinction between contract and tort law. Leases are contracts, and damages for breach generally turn on the respective promises of the parties and are limited to recovery of the benefit of the bargain. Claims for personal injury or property damage sound in tort, typically in an action for negligent breach of a duty of care, and depend on comparative degrees of fault. That the habitability warranty is a creature of contract was recognized in Hilder, which declared: