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· 6/9/1944

Jonson v. Speizman

Citations

  • 268 A.D. 755
  • 48 N.Y.S.2d 637

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that “the existence of a valid and enforceable written contract governing a particular subject matter ordinarily precludes recovery in quasi contract for events arising out of the same subject matter”
  • dismissing negligence claims because there was no violation of a “legal duty independent of the contract”
  • “[A] simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated.”
  • existence of valid and enforceable contract governing subject matter precludes recovery in quasi-contract for events arising out of the same subject matter
  • “Merely charging a breach of a ‘duty of due care,’ employing language familiar to tort law, does not, without more, transform a simple breach of contract into a tort claim”
  • “[A] simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.