n7 The dissent relies on Aas v. Superior Court, supra, 24 Cal.4th 627 and the concurring and dissenting opinion of Justice Brown in Jimenez v. Superior Court, supra, 29 Cal.4th 473, 490, for the contrary proposition that the economic loss rule should be broadly construed to bar tort recovery in every case where only economic damages occur. While the bright-line rule the dissent advocates has the advantage of being clear and easily applied, it is worth noting that the rule's development in the context of product liability claims and its extension to claims for negligent breach of contract were not mere fortuities. Dealing with affirmative acts of fraud and misrepresentation raises different policy concerns than those raised by negligence or strict liability claims.

    Aas was a negligence action brought by homeowners against the developer, contractor, and subcontractors who constructed their dwellings. The homeowners sought damages for construction defects that had not caused any property damage. (Aas v. Superior Court, supra, 24 Cal.4th at p. 632.) We concluded the defects must cause property damage prior to being actionable in negligence. (Id. at p. 650.) The language in Jimenez cited by the dissent deals with the propriety of applying the economic loss rule as a bar in strict liability actions " '[w]hen no safety concerns are implicated because the damage is limited to the product itself.' " (Dis. opn., post, at p. 999, quoting Jimenez v. Superior Court, supra, 29 Cal.4th 473, 490 (conc. & dis. opn. of Brown, J.).) In both circumstances, " 'recourse ... in contract law to enforce the benefit of the bargain' " is sufficient. (Ibid.) In contrast, Robinson's claims are based on Dana's intentional and affirmative misrepresentations that risked physical harm to persons. Robinson's helicopters are flown by and carry people. A properly functioning sprag clutch is vital to the safe performance of the aircraft and compliance with the certificate requirement is part of an integrated regulatory scheme intended to ensure their safe operation.  The economic loss rule is designed to limit liability in commercial activities that negligently or inadvertently go awry; not to reward malefactors who affirmatively misrepresent and put people at risk.