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Alloway v. General Marine Industries

6/30/1997

uld be the exclusive remedy for economic loss in a particular case can be determined only by consideration of all the circumstances surrounding the transaction. In many cases, a gross inequality of bargaining power will supplant the exclusivity of the U.C.C. remedy.


In sum, I am confident that the Court's decision does not preclude tort remedies for economic loss in such circumstances. I thus concur in its judgment.


Justice Stein joins in this opinion.






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