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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The rule assumes that the parties to a contract have allocated the economic risks of non-
performance through the bargaining process. Therefore, a party to a contract who attempts to
circumvent the contractual agreement by making a claim for economic loss in tort is, in effect,
seeking to obtain a better bargain than originally made. Thus, when the parties are in privity,
contract principles are generally more appropriate for determining remedies for consequential
damages that the parties have, or could have, addressed through their contractual agreement. See
Heath, 2006 VT 125, ¶ 15 (claim for contractor’s negligence alleged by a home buyer for purely
economic damages resulting from reduced value or costs of repair held more appropriate in
contract rather than in tort); Paquette v. Deere and Co., et al., 168 Vt. 258, 263 (1998) (the
reduced value of a motor home due to a defective wiring system and related problems deemed as
purely economic loss not recoverable in tort).

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