Parsons v. John Wieland Homes & Neighborhoods of the Carolinas, Inc.

ACTING JUSTICE TOAL:

I respectfully dissent. I disagree that the outrageous and unforeseeable tort exception is not a general contract principle. Accordingly, I believe the majority errs in overruling previous South Carolina cases that apply the exception. Moreover, the majority’s opinion undermines the protections the Court has previously extended to homebuyers in Kennedy v. Columbia Lumber & Manufacturing Co.11 and its progeny. See, e.g., Smith v. Breedlove, 377 S.C. 415, 422-24, 661 S.E.2d 67, 71-72 (2008). Therefore, I dissent.

I. General Contract Principles

In “overruling] the judiciary’s…