For some odd reason, I am fiercely attracted to construction law, particularly construction defect. I know, it's a super niche area of the law and it's pretty random. But something in the way that construction defect issues blend the borders of tort and contract law gives my body a rush of that hot and bothered tingling feeling.
Why didn't I learn about the Economic Loss Doctrine earlier in my law school career? Where has it been all my life? The Economic Loss Doctrine fills a gap in my soul that I didn't even know I had. I feel a sense of completeness in my life knowing that when a construction defect occurs, there is generally no tort claim available because the loss was not a loss to person or property, it was simply an economic loss, or a defective product (and therefore, recovery is only available through contract- well, at least, this is the case in Washington State).
The Doctrine draws a sharp line between contract and tort law in regards to the area of construction. It encourages the owners of projects to play a more active role in inspecting the construction work. It encourages people to contract for warranties and other provisions to cover potential defects. And we all know that the legal jargon in contracts is just plain sexy. Not to mention the over-all sexiness of a well-bargained for contract which accomplishes the purposes of both parties.
I am so enamored by the Economic Loss Doctrine that each time I go to bed, I expect to have a raunchy sex dream about it. Hopefully in my dream, the sexy doctrine would be personified with the body of a muscular construction worker- now wouldn't that be great :).
When my professor brings up the Economic Loss Doctrine in a class discussion, I get so excited that I think I will pee my pants a little. I sure hope the doctrine will be on our exam because that would make the exam much more enjoyable- like I was writing a lustfull letter to a far away lover instead of just taking a law school exam.
Monday, April 7, 2008
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1 comment:
I'm somewhat hot and bothered in a non-sexual way by my contractor . . . does that count?
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