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Case Citations [1] (Spring 2025)

handle is hein.ali/alitorts9927 and id is 1 raw text is: 





                             THE AMERICAN


                             LAW INSTITUTE



                                     Spring 2025 Citations



 TORTS 3D: LIABILITY FOR ECONOMIC HARM



 Generally

Ariz.App.2023. Cit. generally in ftn. Developer filed a negligent-misrepresentation claim against city,
alleging that, after it purchased property from a third party based on city's representations that there
were no land-use stipulations on the property, city informed it of stipulations that rendered the property
undevelopable as planned and unsalable for like development. The trial court granted city's motion to
dismiss, finding that the public duty to supply information extended only to factual information and not
the application of municipal ordinances to a particular piece of property. This court vacated and
remanded, holding that city was potentially liable under Restatement Second of Torts § 552, because
developer only requested information regarding whether any land-use stipulations existed, not legal
advice on addressing any such stipulations. The court declined to address whether Restatement Third of
Torts: Liability for Economic Harm displaced Restatement Second of Torts § 552, noting that the parties
did not raise that issue, which had not yet been resolved by the Arizona Supreme Court. Hammer
Homes, LLC  v. City of Phoenix, 541 P.3d 597, 600.



            CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS

§ 1. Liability for the Unintentional Infliction of Economic Loss: General Principles

Tex.App.2023.  Com. (c) quot. in sup. (quoting com. (c) to § 1 of T.D. No. 1, 2012, which is now § 1 of
the Official Text). Retail electric provider filed a claim for breach of contract against commercial
property owner, alleging that defendant failed to pay the full amount plaintiff billed for electricity during
a winter storm, which was based on the wholesale price of electricity set by the entity that operated the
state's power grid. Th trial court conducted a non-jury trial and concluded that the parties' unambiguous
contracts required plaintiff to pay prices for electricity that included the rates set by the entity. This court
affirmed, holding that the contracts allocated the risk of price volatility to plaintiff. The court cited
Restatement Third of Torts: Liability for Economic Harm § 1, Comment c, in explaining that it would
not rewrite the parties' contracts to reverse that allocation, because contracts that settled responsibility


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