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LS 311 Week 8 case study APA Ronald Blair
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In this situation, both Greg Allen and Greg Allen construction cannot be liable for this tort. In the lawsuit, the Estelle’s tried to make it a breach of contract and a Negligence Tort against Gregg Allen himself. In the case,Greg Allen Construction C. v. Estelle, 798N.E.2d 171 (Ind. 2003), the court noted that this remedy is popular with lawyers “Because a tort may produce more generous damages and open the door to the possibility of punitive damages, there is obvious incentive to seek to frame a contract breach as a negligence claim.”  Greg Allen’s actions were entirely in the scope of him performing the contracted renovations and nothing he did was an independent tort. As the court states, if he burnt the house down while negligently using a blow torch, he could be held individually liable.

 

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