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Articles Posted in source of duty

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Source-of-Duty Rule May Apply to Bar Fraud Claim Inextricably Entwined with Contractual Duties

If you sue someone for fraud, you can win punitive damages in addition to regular compensatory damages. If you’re suing only for breach of contract, punitive damages are a no-go. As punitive damages can add up to $350,000 to the value of the plaintiff’s claim, plaintiffs naturally try to add…

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Fraudulent Inducement Claims Not Covered by Source-of-Duty Rule

Many lawyers pursuing business litigation on behalf of their clients will file a whole panoply of claims rather than content themselves with a single count for breach of contract. As the law generally permits a wider range of remedies (and higher damages awards) for tort claims like fraud and tortious…

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