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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)

Citation
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Parent Document
Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980)
Jurisdiction
California (state)
Effective Date
1980-02-05

Other Sections in This Document (161)

Full Text

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The passage from the Bayuk case on which appellant relies provides: “The fact that the tortious act arises during the performance of a duty created by contract does not negate the agent’s liability. [Citation.]... ‘... The same act may be both a tort and a breach of contract.... Even where there is a contractual relationship between the parties, a cause of action in tort may sometimes arise out of the negligent manner in which the contractual duty is performed.... A tort may grow out of or be coincident with a contract, and the existence of a contractual relationship does not immunize a tortfeasor from tort liability for his wrongful acts in breach of the contract. [Citation.]’” (Id., at p. 320.)