On the Differences Between Blood and Red Ink: A Second Look at the Policy Arguments for the Abrogation of the Economic Loss Rule in Consumer Litigation

The long-running debate concerning the scope of the economic loss rule' presents issues which are important in themselves and as illustrations of broader questions.2 Litigants and commentators champion the opposing schools of thought through close analysis of precedent;3 the exchange of views as to the nature of tort law and contract law;4 and occasionally, economic analysis.