Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)

Citation: Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)
Parent Document: Treetop at Stratton Condo. Ass'n v. Treetop Dev. Co. (2011)
Jurisdiction: Vermont (state)
Effective Date: 2011-02-04
Original Source: https://www.courtlistener.com/opinion/4489923/treetop-at-stratton-condo-assn-... ↗

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Since the resolution of these motions turns on the applicability of the economic loss rule,
the Court begins with a general discussion of the rule. Generally, in order to sustain a claim for
common law negligence, the plaintiff must establish that there was a legal duty owed by
defendant to plaintiff, a breach of that duty, a demonstration that such breach was the proximate
cause of plaintiff's harm, and that plaintiff suffered actual loss or damage. O'Connell v.
Killington, Ltd., 164 Vt. 73, 77 (1995). Negligence actions are usually better suited for resolving
claims for unanticipated physical injury; principles of contract law are generally better suited for
determining claims for consequential damages that parties have or could have addressed by
agreement. Spring Motors Distribs. v. Ford Motor Co., 489 A.2d 660, 672 (N.J. 1985).

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