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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 669

Citation
Section 669
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.)