· 12/1/1997
North American Chemical Co. v. Superior Court of Los Angeles County
Citations
- 59 Cal. App. 4th 764
- 69 Cal. Rptr. 2d 466
- 97 Daily Journal DAR 14517
- 97 Cal. Daily Op. Serv. 9015
- 34 U.C.C. Rep. Serv. 2d (West) 332
- 1997 Cal. App. LEXIS 981
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the economic loss rule did not bar a negligence claim grounded in the negligent performance of services and applying the J’Aire criteria to justify recovery of economic loss caused by negligent performance of a contract
- stating that the economic loss rule did not bar a negligence claim grounded in the negligent performance of services and applying the JAire criteria to justify recovery of economic loss caused by negligent performance of a contract
- allowing the tort of negligent interference where defendant negligently shipped goods which resulted in contaminated product being delivered to, plaintiffs customer
- finding the economic loss doctrine inapplicable in a claim for the negligent performance of contractual obligations brought by a chemical manufacturer against a common carrier
- holding breach of contractual duty may support tort claim
- explaining that “because this case arises from a con- tract for the performance of services rath- er than the sale of goods, ... the so called ‘economic loss rule’ does not bar recovery even though [] the only damages that North American seeks are based solely on economic loss”
Source: CourtListener parenthetical corpus (CC0).
Judges: Croskey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.