In the 2013 Tiara Condominium Association v. Marsh & McLennan case, the Florida Supreme Court restricted the application of the economic loss rule to products liability cases, in part acting in response to a perception of past “unprincipled expansion.”
While the dissents predicted that this restriction would have sweeping effects, Justice Barbara Pariente’s concurrence cautiously advised that in contract cases the use of common law principles would prevent a dramatic impact. Pariente noted that there is no such thing as a negligent performance of a contract, barring some additional conduct or context and therefore a plaintiff would still need to plead a tort independent of the contract.
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