I say to Senator Hatch I respectfully disagree with that. If you look at the section, it has no exceptions of that nature in it at all. It has no exception. There is a powerful limitation on the recovery of economic loss, essentially eliminating the right to recover for economic loss. And there is no exception in that section for intentional, there is no exception for fraud and misrepresentation, there is no exception for egregious, reckless conduct. None of those things is excepted from the limitation on economic loss. I might add, to the extent we are looking for uniformity when we are going to enforce contracts--there has been a great deal of discussion about contract law--we are going to enforce contracts under State law. So whatever the State law is, in the various States across the country, is going to be enforced under State law. So what I respectfully disagree with the Senator about is what I believe my amendment does, which is, in a very narrow fashion, it works in concert with the section immediately preceding it, and the section immediately preceding it requires every court in this land to enforce any existing contract. So if there is a contract, that contract will be enforced. It cannot be subverted by any kind of tort claim.
Editor's note · Context
Debating limitations on the recovery of economic loss in contract law.
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