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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)

Citation
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Parent Document
Fairchild v. Park, 109 Cal. Rptr. 2d 442 (2001)
Jurisdiction
California (state)
Effective Date
2001-07-19

Other Sections in This Document (144)

Full Text

571 chars
"`[T]he same act may be both a breach of contract and a tort. Even where there is a contractual relationship between parties, a cause of action in tort may sometimes arise out of the negligent manner in which the contractual duty is performed....' ... Conversely, where a contract gives rise to a duty of care, negligence in the performance of the duty may give rise to a cause of action for breach of contract.... When such a hybrid cause of action arises, the plaintiff may pursue both legal theories of recovery until an occasion for an election of remedies arises....