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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (48)

Full Text

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Economic loss has been defined more broadly than Plaintiff suggests, to include damages
for inadequate value, costs of repair and replacement of the defective product, or consequent loss
of profits, as well as the diminution in the value of the product because it is inferior in quality
and does not work for the general purposes for which it was sold or manufactured. Redarowicz
v. Ohlendorf, 441 N.E.2d 324, 327 (Ill. 1982); Heath v. Palmer, 2006 VT 125, ¶ 15. Therefore,
to recover in negligence, there must be a showing of harm above and beyond disappointed
expectations, since a buyer's desire to enjoy the benefit of his bargain is not an interest that tort
law traditionally protects. Redarowicz, 441 N.E.2d at 327.