Golden Valley Electric Ass'n v. City Electric Service, Inc.

I dissent from the views expressed by the majority because they assume a degree of sophistication between contracting parties that is the exception rather than the rule. While, undoubtedly, the contracting parties could protect themselves by written contractual provisions and by contractual liability insurance, the vast majority of people will not do so for the vast majority of transactions are not so formal because of trust, haste or ignorance.

Therefore, a better rule for the protection of all persons affected by the contract which also places the emphasis on the quality of performance,…