California high court reversed a verdict of $150,000 emotional distress damages for homeowners whose home was constructed with numerous

major defects. While there was negligence and breach of contract, for which damages could be recovered, there was no tort.

Produced By Gideon And Xavier

Topic: Contracts

Summary Of Case

• Basically what happen was a family hired a contractor to build their “dream house” and once the home was built. When the family moved in there was a rain storm and the house began to leak. There was major problems with the homes construction.

• Three inches of water in the home.

Key Words

• Negligent Breach- Law a civil wrong whereby a person or party is in breach of a legal duty of care to another which results in loss or injury to the claimant.

• Emotional Distress- an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another.

• Punitive Damages-Damages awarded by a court against a defendant as a deterrent or punishment to redress an egregious wrong perpetrated by the defendant.

Final Decision

• The home owner was not able to recover damages for the negligence breach from the construction of the home.