Consumer Warranty Law: 12.2.3 Economic Damages May Be Allowed in Consumer But Not Commercial Cases
A number of courts award tort economic injury damages in consumer cases when they would not in commercial cases29 Other courts, while not reaching the question directly, stress that the particular buyer was a commercial entity with bargaining power equal to the seller’s, thereby implying that the rule might not apply to ordinary consumers30 But other courts reject any distinction between consumer and commercial cases31