1. Abuse of Process
2. Account Stated
3. Accounting
4. Assault
5. Battery
6. Breach: 01. Breach of Contract
7. Breach: 02. Breach of Third-Party Beneficiary Contract
8. Breach: 03. Breach of Contract, Implied
9. Breach: 04. Breach of Contract, Tortious
10. Breach: 05. Breach Implied Covenant of Good Faith & Fair Dealing
11. Breach: 06. Breach Implied Covenant of Good Faith & Fair Dealing, Tortious
12. Breach: 07. Breach of Express Warranty
13. Breach: 08. Breach of Implied Warranty of Merchantability
14. Breach: 09. Breach of Implied Warranty of Fitness for a Particular Purpose
15. Breach: 10. Breach of Fiduciary Duty
16. Breach: 11. Breach of Confidence - Novel Idea
17. Breach: 12. Breach of Fiduciary Duty Aiding And Abetting
18. Breach: 13. Breach of Implied Warranty of Habitability
19. Breach: 14. Breach of Insurance Contract
20. Cal. Civ. Proc. Code 431.30(b) and Other Standard Defense
21. Civil Conspiracy
22. Constructive Trust
23. Contribution - Uniform Contribution Among Tortfeasors Act
24. Conversion
25. Deceit - Fraudulent Concealment
26. Declaratory Relief
27. Defamation Libel
28. Defamation Per Se
29. Defamation Slander
30. Defamation Trade Libel
31. Dog Bites
32. Emotional Distress, Intentional Infliction
33. Emotional Distress, Negligent Infliction
34. Equitable Estoppel
35. Equitable Subrogation
36. False Advertising
37. False Imprisonment
38. Fraud
39. Fraud Constructive
40. Indemnity
41. Intentional Interference Parent-Child
42. Intentional Interference with Testamentary Expectation
43. Interference with Economic Relations - Intentional
44. Interference with Economic Relations - Negligent
45. Interference with Existing Contract - Intentional
46. Interference with Existing Contract - Negligent
47. Invasion of Privacy - Appropriation of Likeness
48. Invasion of Privacy - False Light
49. Invasion of Privacy - Intrusion
50. Invasion of Privacy - Public Disclosue of Private Facts
51. Legal Malpractice
52. Loss of Consortium
53. Malicious Prosecution
54. Misrepresentation, Fraudulent - Promissory Fraud
55. Misrepresentation, Negligent
56. Money Had & Received
57. Negligence
58. Negligence, Gross
59. Negligence, Professional
60. Negligence, Willful Misconduct
61. Negligent Entrustment
62. Negligent Hiring, Supervision and Retention
63. Open Book Account
64. Preliminary Injunction
65. Promissory Estoppel
66. Quantum Meruit
67. Quiet Title
68. Rescission
69. Resulting Trust
70. Slander of Title
71. Strict Liability - Manufacturing Defect
72. Strict Liability Design Defect
73. Strict Liability Failure to Warn
74. Trade Dress Infringement
75. Unfair Competition - Common Law Copyright
76. Unfair Competition - General
77. Unfair Competition - Trade Name, Service Mark, and Trademark Infringement and Dilution
78. Unjust Enrichment
79. Wrongful Termination in Violation of Public Policy

Breach: 04. Breach of Contract, Tortious

1Elements and Case Citations

A party’s contractual obligation may create a legal duty and that a breach of that duty may support a tort action. . . .Conduct amounting to a breach of contract becomes tortious only when it also violates a duty independent of the contract arising from principles of tort law. Generally, outside the insurance context, a tortious breach of contract may be found when

  1. the breach is accompanied by a traditional common law tort, such as fraud or conversion;
  2. the means used to breach the contract are tortious, involving deceit or undue coercion; or
  3. one party intentionally breaches the contract intending or knowing that such a breach will cause severe, unmitigable harm in the form of mental anguish, personal hardship, or substantial consequential damages.

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