can a plaintiff who is suing the defendant under the caus of intentional tort, also be able to sue the same defendant under breach of contract?
1 Answer from Attorneys
Yes, they are different claims. For instance, there might have been an agreement between the parties that was breached. The damages recoverable would be on the contract -- amount of money still owed or loss of the benefit of the contract, for example. The intentional tort not only might involve medical bills and loss of earnings, but emotional distress and, possibly, punitive damages.