Economic Loss Doctrine

Contract claims and tort claims are generally separate theories of recovery. Indeed, “the mere failure to perform a contract cannot serve as the basis of tort
liability.” State ex rel. William Ranni Assoc., Inc. v. Hartenbach, 742 S.W.2d 134, 140 (Mo.
1987). In a similar vein, or stated differently, the economic loss doctrine prohibits a plaintiff from seeking to recover in tort for economic losses that are contractual in nature. Captiva Lake Investments v. Ameristructure, 436 S.W.3d 619, 628 (Mo. Ct. App. 2014).

There are limited exceptions to this rule. The exceptions are typically limited to cases where there is personal injury, damage to property other than that sold, or destruction of property sold due to some violent occurrence. Id.

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