Avoiding Tort Liability in Breach of Contract Actions
Leveraging the Independent Tort and Economic Loss Doctrines and Mitigating Risk with Effective Contract Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review recent cases in which breach of contract actions morphed into tort claims, the potential damages exposure for contracting parties under tort law, the application of the economic loss and independent tort doctrines as defense strategies, and contracting strategies to minimize tort liability.
Outline
- Distinguishing between a contract claim and a tort claim
- Application of independent tort doctrine
- Application of the economic loss rule
- Minimizing tort liability with strong contractual terms
Benefits
The panel will review these and other key questions:
- Under what circumstances might a plaintiff state a claim in tort law arising from non-performance of a contractual duty?
- What are the potential liability risks facing a party sued under tort law for breach of contract?
- How can the economic loss doctrine and independent tort doctrine be used as a shield to defend against tort claims arising from breach of contract?
- How have attorneys used waivers of subrogation, limitation of liability and indemnity clauses to help mitigate the risk of tort liability for breach of contract?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Amy G. Doehring
Partner
McDermott Will & Emery
Ms. Doehring handles a variety of complex litigation matters and has tried cases before federal and state courts, as... | Read More
Ms. Doehring handles a variety of complex litigation matters and has tried cases before federal and state courts, as well as arbitration tribunals. She has represented corporate clients on both the plaintiff and defense sides in disputes arising out of corporate transactions, including claims for breach of operating agreement, breach of merger agreement, breach of fiduciary duty and fraud.
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Charles C. Eblen
Partner
Shook Hardy & Bacon
Mr. Eblen is a creative and adaptive trial and appellate lawyer who represents clients in diverse jurisdictions across... | Read More
Mr. Eblen is a creative and adaptive trial and appellate lawyer who represents clients in diverse jurisdictions across the United States. His litigation experience has been broad, ranging from the defense of international corporations in antitrust and civil RICO litigation to federal criminal and civil rights litigation on behalf of those unable to afford representation. As lead counsel in these diverse capacities, Mr. Eblen’s experience involves every facet of litigation, including preparing corporate witnesses in high-profile cases, expert witness development in various fields, trials, appellate practice, and other dispute resolution proceedings.
CloseRobert E. Byrne, Jr.
MartinWren
Mr. Byrne is a litigator who handles claims involving breach of contract, employment litigation, wrongful discharge,... | Read More
Mr. Byrne is a litigator who handles claims involving breach of contract, employment litigation, wrongful discharge, employment discrimination, covenants not to compete, trade secrets litigation, real estate disputes, intellectual property infringement claims, and business torts, including intentional interference claims, statutory and civil conspiracy, fraud, unfair competition, breach of fiduciary duty, consumer protection act claims, and conversion matters.
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