Supreme Court of New Hampshire

Stephen C. Wyle v. Scott Lees & a.

September 20, 2011162 N.H. 406

Summary

The court affirmed an award of economic-loss damages for negligent misrepresentation arising from the defendants’ pre-sale representations that the property had the necessary permits and was authorized for occupancy. It held that the economic loss doctrine did not bar the claim because the representations induced the purchase and were independent of the contract’s material performance terms, and it upheld the findings of negligent misrepresentation, justifiable reliance, causation, and the rejection of comparative-fault apportionment.