I previously blogged on the continuing existence of the independent tort doctrine in Florida. In lawsuits between parties who bargained for their remedies in a contract, the independent tort doctrine will bar tort actions brought simply as a way around contract remedies. To state a valid tort claim, the independent tort doctrine requires contracting parties
Independent Tort Doctrine
The Fall of the Economic Loss Rule and Rise of the Independent Tort Doctrine
By Megan A. McNamara on
Posted in General Litigation
In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two circumstances:
- When the parties negotiated remedies in a contract, and
- In products liability cases, when the defective product damaged only itself
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